crime

Gregory Seppe, 56, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th, attempted assault, 2nd, menacing, 2nd, possession of a hypodermic instrument and controlled substance not in original container. Batavia PD responded to a report at 10:20 p.m. Friday of Gregory Seppe "waving a knife around." It was also reported that Seppe put the knife in a toaster. When patrols arrived, a property manager told officers that Seppe threw a knife at him. While taking Seppe into custody, officers observed alleged hypodermic instruments and a crack pipe in plain view in Seppe's bedroom. They also found Seppe in possession of a controlled substance not in its original container. Seppe was jailed on $20,000 bail.

Haleigh I. Ogden, 16, of East Avenue, is charged with grand larceny, 4th, criminal possession of stolen property, 4th, petit larceny, criminal possession of stolen property, 5th, and unlawful possession of marijuana. Ogden is accused of entering a car on Chase Park and removing a purse containing credit cards and other personal items at 4 a.m. on Sept. 5. She's also accused of entering another vehicle on Chase Park and taking property from that vehicle that morning. She's also accused of possessing marijuana later that afternoon.

Thomas P. Moynihan II, 39, of North Street, Batavia, is charged with DWI, uninspected motor vehicle and operating out of class. Moynihan was arrested following the investigation by officer Kevin DeFelice into a scooter accident at 1:49 p.m. Friday at the corner of Ross Street and East Avenue, Batavia. Moynihan was jailed on $500 bail. (Initial Report)

Zachary C. Parker, 17, of South Main Street, Batavia, is charged with sexual abuse, 2nd, sexual misconduct and endangering the welfare of a child. Parker was arrested following an investigation by Batavia PD into a complaint filed at 3:30 p.m. on April 27. No further details released.

Curtis M. Gallagher, 30, of Elm Street, Batavia, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely and drinking alcohol in a motor vehicle. Gallagher was stopped at 2:49 a.m. Sept. 20 on Route 98, Batavia, by officer Matthew Wojtaszczyk.

Ryan F. Schumacher, 24, Ellicott Street, Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Schumacher was arrested by officer Devon Pahuta following a complaint of harassment at 2:11 a.m. Thursday at an address on West Main Street, Batavia.

Steven J. Russ, 42, of Batavia, is charged with harassment, 2nd. Russ allegedly pushed another person to the ground. The alleged incident was reported at 11:06 p.m. Saturday at a location on South Main Street, Batavia.

Eric D. Halsey, 24, of Oak Street, Batavia, is cahrged with criminal mischief, 4th. Halsey was arrested following a reported domestic incident at 11:24 p.m. Thursday.

Matthew J. Poole, 23, of East Avenue, Batavia, is charged with owning an unlicensed dog. Poole allegedly found in possession of three unlicensed dogs.

Jeffrey J. Farrell Jr., 27, of West Avenue, Medina, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge. Farrell was released on cash bail.

Gabriel Pena-Aragon, 26, of Chatham GDNS, Rochester, was arrested on a warrant for parking on city streets between 2 a.m. and 6 a.m. Pena-Aragon posted police bail and was released.

Shaun P. Coulter, 29, of Harvester Avenue, Batavia, is charged with criminal mischief, 4th. Coulter is accused of damaging several outlet covers at UMMC while there for treatment.

Joseph F. Rotoli Jr., 52, of South Main Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, unlicensed operator and unsafe turn. Rotoli was stopped at 7:44 p.m. Sept. 20 on West Main Street by officer Nedim Catovic.

Philbert P. Williams Jr., 20, of Jackson Street, Batavia, is charged with petit larceny. Williams allegedly stole merchandise from Olympia Sports on Lewiston Road, Batavia. Also charged was Terrance Brown, 20, of Jackson Street, Batavia.

Kevin A. Cole, 36, of North Lyon Street, Batavia, is charged with harassment, 2nd. Cole allegedly issued threats at another person.

Blanton E. Thatcher, 61, of West Main Street, Batavia, is charged with a building code violation. Thatcher was arrested on a warrant for allegedly failing to appear on a code violation. He posted bail and was released.

Brian R. Preedom, 48, Holland Avenue, Batavia, is charged with coercion, 1st, aggravated harassment, 2nd, and trespass. Preedom allegedly threatened another person and went on that person's property without permission. He was jailed on $2,500 bail.

Janice L. Lear, 50, of West Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe lane change. Lear was stopped at 12:10 a.m. Sept. 18 on West Main Street, Batavia, by officer Matthew Wojtaszczyk.

Melanie Suzanne Mercurio, 23, of Genesee Street, Corfu, is charged with driving while ability impaired by alcohol and failure to keep right. Mercurio was stopped at 2:25 a.m. Sunday on Pearl Street Road, Batavia, by deputy Joseph Corona. (CORRECTION: The original charge listed was inncorrect and it has been corrected).

Nichole Marie McKerrow, 30, of Niskey Lake Road, Atlanta, Ga., was arrested as an alleged fugitive from justice on a felony violation of probation charge. She waived extradition and was transported to New York and is being held without bail.

Preston Scott Daigler, 16, of Batavia-Oakfield Townline Road, is charged with assault, 3rd. Daigler allegedly punched another person in the mouth causing the victim to sustain loose teeth requiring provisional splinting. Daigler was taken into custody by Batavia PD on an unrelated non-criminal matter and turned over to the Sheriff's Office. He was jailed on $2,500 bail.

Rion J. Pawlak, 33, unknown address, is charged with petit larceny and falsifying business records. Pawlak was held in custody. The alleged crime was reported in Stafford. No further details released.

Stephen A. Marazita, 32, of Byron, was arrested on a warrant by State Police. He's also charged with a traffic violation. No further details released.

Jeremiah J. Bach, 33, of Clifton Park, is charged with felony DWI and felony driving with a BAC of .08 or greater. Bach was stopped at 3:45 p.m. Saturday on Commerce Drive, Batavia, by a trooper.

Press release:

The Le Roy Police Department is advising consumers to use caution as a result of larcenies which have been occurring in local supermarkets relating to the theft of wallets from purses.

In the past week, the Le Roy Police have received two complaints where wallets have been stolen out of purses left in shopping carts. It is believed that the victim was unknowingly followed around the store by unknown persons while their purses were located in the shopping cart. The suspect(s) then waited until the victim was distracted (or caused the distraction) and stole the wallet from the purse. This is a relatively common crime technique and has occurred in the past in Le Roy and other towns.

Press release:

On 09/19/14 at 10:15 p.m. two (2) unknown subjects used an ESL Federal Credit Union cloned debit card three (3) times for large amounts at the Tops Market Pkwy on McKinley in the Town of Hamburg, Erie County. The victim lives in Oakfield, Genesee County, and was in possession of his debit card during these unauthorized transactions.

Fraud Prevention and Investigations Unit at ESL Federal Credit Union believe this is a “counterfeit card” scam which originated from a recent security breach from a large national retail store. East Aurora PD has a similar case with the same subjects.

Anyone with any knowledge of the unknown subjects or that may have information to exchange is asked to please contact: Inv. Ron Wilson, NYSP Batavia, ronald.wilson@troopers.ny.gov / 716-361-1585 or Det. Pat Welch East Aurora PD 716-353-0622.

Early Saturday morning, deputies responded to a report of an under-age drinking party at a location on Dry Bridge Road, Town of Alexander.

As a result of the investigation, 57 people were charged with trespassing.

The following people were issued appearance tickets:

Alexander Colon, 20, of Batavia
(Name Redacted), 17, of Batavia
(Name Redacted), 16, of Batavia
(Name Redacted), 17, of Batavia
Brian E. Majors, 18, of Batavia
Jordan I. Richardson, 18, of Batavia
(Name Redacted), 17, of Byron
Jordan M. Dieter, 18, of Wyoming
(Name Redacted), 17, of Alexander
Joseph A. Auricchio, 23, of Darien
(Name Redacted), 17, of Batavia
(Name Redacted), 17, of Attica
Joey R. Tatro, 19, of Attica
Crystal L. Wojtkowiak, 18, of Attica
(Name Redacted), 17, of Lancaster
Leo D. Perry, 19, of Varysburg
(Name Redacted), 16, of Batavia
(Name Redacted), 17, of Corfu
Lauren M. Swimline, 19, of Corfu, NY
(Name Redacted), 17, of Batavia
Abraham C. Conners-Johnson, 18, of Batavia
(Name Redacted), 17, of Batavia
(Name Redacted), 17, of Batavia
Jason J. Rudey, 20, of Cheektowaga
Jessica C. Kliszak, 20, of Alden
Ryan J. Kratzke, 22, of Alden
Amanda M. Hale, 18, of Batavia
James E. Soggs, 20, of Batavia
John P. Dougherty, 19, of Pavilion
Stephen E. Pike, 18, of Lakeville
Jessica L. Griseta, 19, of LeRoy
Amber L. Baumgart, 19, of LeRoy
(Name Redacted), 17, of Batavia
(Name Redacted), 16, of Delevan
(Name Redacted), 16, of Attica
David R. Cook, 20, of Attica
(Name Redacted) 17, of Attica
(Name Redacted), 17, of Warsaw
David J. Glaus, 18, of Attica
Scott J. Ash, 19, of Attica
Thomas J. Rose, 18, of Elba
(Name Redacted) 16, of Byron
Erica L. Corrado, 19, of Rochester
(Name Redacted), 16, of Alexander
Dominic A. Beck, 18, of Warsaw
(Name Redacted), 17, of Batavia
Dustin T. Pile, 18, of Attica
Evan C. Harding, 20, of Darien
John H. Nelson, 18, of Attica
Connor G. Brown, 18, of Attica
Steven N. McLaurin, 23, of Warsaw
Kyle M. Leach, 23, of Warsaw
Chris E. Robinson, 19, of Warsaw
Angelica M. Hightower, 18, of Corfu
Bethany T. Weber, 19, of Castile
Tyler A. Decaro, 19, of Buffalo
Brandon R. Ziolkowski, 20, of Alden

Denise Kay Kumpf, 46, of Roberts Road, Alabama, is charged with grand larceny 4th degree. Kumpf, who was a night manager at Flying J Travel Center, is accused of loading $1,000 onto a NetSpend prepaid card without placing money for it in the cash register.

Joseph D. Summers Jr., 27, of 103 West Main Street, B-3 A-6, Le Roy, is charged with endangering the welfare of a child. Summers was charged after children ages 2 and 3 were found wandering unattended, away from their residence, on Sept. 16.  Police allege this is the third time this year in which children under the care of Summers were found wandering unattended.

Kasiem Marquis Burks, 18, of Trina Circle, Syracuse, is charged with trespass. Burks is accused of being on College Village property after being banned from the property.

Daisha Monet Spence, 18, of Batavia Stafford Townline Road, Batavia, is charged with petit larceny. Also charged, Naja Frances Adams, 18, of Batavia Stafford Townline Road, Batavia, and Shantina Marie Brewer, 19, of Batavia Stafford Townline Road, Batavia. Spence, Adams and Brewer are accused of shoplifting at Walmart. Allegedly the trio grabbed $441.73 in merchandise and fled the store. Their vehicle was later located by deputies Joseph Graff and Chad Minuto.

An arrest has been made in an attempted arson reported yesterday morning on East Avenue in the City of Batavia.

The suspect broke three windows on the first floor of a residence, poured gasoline around the outside of the house, but then was unable to get the fuel to ignite, according to police.

Brian J. Sprague, 24, of Adams Street, Batavia, is charged with attempted arson 2nd and criminal mischief 3rd.

Three people were at home and in bed when they heard the windows being broken at 6 a.m., but didn't get up to investigate until nearly three hours later.

After the alleged attempt to start a fire failed, Sprague left the area, but was located later in the day.

He was arrested, arraigned and jailed without bail.

The case was investigated by detectives Kevin Czora and Todd Crossett along with City firefighters.

The accomplice in a home invasion burglary on Park Avenue on Jan. 22 -- a burglary that included the use of a handgun -- will spend the next five years in prison Judge Robert C. Noonan ruled today.

Nathaniel Davis, 18, has no prior serious criminal record and Noonan acknowledged that his testimony in the trial of Akeem Simmons probably helped put the much more experienced criminal away for 20 years.

Simmons was convicted of burglary 1st in August and sentenced last week.

Davis entered a guilty plea to a reduced charge of burglary 2nd immediately after Simmons was convicted.

District Attorney Lawrence Friedman denies there was any deal with Davis to secure his testimony in the Simmons trial, but both Noonan and Public Defender Jerry Ader cited his forthright testimony as a reason for a sentence less harsh than the one given to Simmons.

Ader said he didn't want to minimize the seriousness of his client's conduct Jan. 22, but "he was threatened if he testified and knew he was facing a state sentence, but he testified anyway," Ader said. "I can't say for sure it was a linchpin in swaying the jury, but I think it was helpful. I think he came across as believable and honest, so I do think it was helpful to the prosecution in getting a conviction."

As part of the plea deal with Davis, Friedman agreed not to speak at the sentencing.

Noonan said he understands there may be some public concern over the 15 years difference in the sentence, but besides the criminal history and the testimony, Noonan said there's no doubt in his mind that Simmons was the primary mover in the decision to burglarize a house in Batavia.

Noonan expressed skepticism at the contention by Davis that he felt trapped into participating in the crime over fear of retaliation from Davis.

"You haven't had a particularly productive life," Noonan said.  "You had some difficulties that perhaps contributed to that lack of productivity, but you haven't shown any willingness to be productive and be a mainstream citizen that I can see."

Davis must also pay $4,040 in restitution.  Because there was no request for restitution from Davis before he was sentenced, the entire four grand is on Davis.

A business deep inside the Batavia Industrial Center/Harvester Center on Harvester Avenue was broken into some time over night.

The original dispatch said there was quite a mess made inside the business.

The burglar gained access by breaking a window on the south side of the building that was tucked behind an old rail tanker.

It's yet to be determined what, if anything, was stolen, said Det. Todd Crossett (pictured taking a DNA swab on the broken window).

The break in remains under investigation.

Jacquetta Simmons appeared in Genesee County Court this afternoon on the matter of restitution for her victim, Grace Suozzi, a Walmart cashier who suffered fractured facial bones and other injuries following a Christmas Eve confrontation in the store in 2011.

The upshot is the same money Simmons had been ordered to pay in February -- $100 a month -- is the same amount she will have to pony up on the 26th of every month, beginning Friday, until the restitution of $2,000 is paid.

Her attorney at the time, Earl Keys, had argued that she was not able to make the payments because she'd just been released from jail for her crime and had been unable to find work.

The judge set another restitution hearing and asked for documentation about her efforts to find employment. There's been no progress as far as Noonan could determine.

Nothing much has changed, only months have passed.

Ann Nichols, who had also been one of the attorneys representing her at trial, was with her today and told the judge she had only met with her client on the matter yesterday, and just today was provided with a list of local places where her client has applied for jobs.

(Simmons is now married but her husband's income won't factor in much. His gross earnings are $793 a month.)

Suozzi has yet to see a penny, as far as Noonan knows.

"This victim is entitled to be paid restitution," Noonan said, "and all we've gotten so far are excuses, missed court appearances, and no restitution."

Nichols said one issue that has delayed matters is an appeal of the Jan. 13 restitution order of $100 monthly by Simmons's parents. That has now been withdrawn, and they "will be able to pay $100 as soon as Friday," the attorney said.

"We are moving toward paying restitution," Nichols said.

It was also noted that a payment of $100 was supposedly made in February, and maybe a second such payment, but no receipts were offered.

Noonan said he has no knowledge of any payments being made, but if the money was indeed received by the County Probation Department there will be a record of it and the sum(s) will be deducted from the total owed.

Simmons went to court last month by herself and had only a piece of notebook paper with some hand-written notes about her work search. Noonan told her she needed detailed, documentation of her employment search and inability to find work in order for him to decide whether to lower the amount of monthly restitution. He set another hearing for this afternoon and told her she could bring an attorney with her, or not, her choice.

Keys, it was noted, has moved to Washington State, where he is working in the State Attorney General's Office.

Fancy D. Miller, 59, homeless, of Buffalo, was arrested Sept. 22 and charged with second-degree harassment and criminal tampering, 3rd. Her arrest followed a late afternoon disturbance at Wendy's restaurant on Main Street in the City of Batavia. Miller allegedly pushed an employee and threw items in the restaurant. Following arraignment in City Court, she was jailed. The incident was investigated by Batavia PD officer Mitchell Cowen, assisted by officer Jason Ivison.

Luethal M. Tate, 54, of Dewey Avenue, Rochester, was arrested Sept. 22 and charged with criminal contempt, 2nd, petit larceny, and open container of alcohol in a motor vehicle. It is alleged that she stole a bottle of Grey Goose Vodka from a local liquor store. After Batavia PD located the suspect vehicle, Tate was allegedly seen consuming beer out of a plastic Thermos-style container which was on her lap. Tate was allegedly sitting in the rear passenger seat next to a protected party for whom a complete stay away order had been issued against Tate in the City of Rochester. Tate was jailed in lieu of $2,500. The incident was investigated by Batavia PD officer Jamie Givens, assisted by officer Nedim Catovic.

Robert W. Plantiko Jr., 39, of 18 Thorpe St., Batavia, was arrested Sept. 19 on a Batavia City Court bench warrant issued for failing to appear on a charge of petit larceny stemming from an incdient Aug. 9. He was arrested at his residence and put in jail. The matter was investigated by Batavia PD officer Frank Klimjack, assisted by officer Eric Foels.

Stephen Michael Esposito, 25, of Folsomdale Road, Cowlesville, is charged with criminal possession of stolen property, 4th, and falsifying business records. Esposito allegedly stole a Spectra Precision Model 412 Laser from his employer in Stafford and then pawned it in Batavia, signing a document at the time stating he owned the property.

Robert W. Plantiko Jr., 29, of Thorpe Street, Batavia, is charged with burglary, 1st, robbery, 1st, menacing, 2nd, assault, 3rd, and criminal mischief. Plantiko was arrested on a warrant stemming from an alleged incident Sept. 5 at 105 Watson St., Batavia. Plantiko was jailed without bail. Plantiko was also charged with harassment, 2nd, for allegedly punching another person during an alleged altercation at 7:09 p.m. Thursday at a residence on Ellicott Street, Batavia.

A 16-year-old resident of Roanoke Road, Pavilion, is charged with obstructing governmental administration and hindering prosecution, 2nd. The youth is accused of not allowing police into a residence on Thorpe Street at 10:06 p.m., Friday, when police showed up with a felony arrest warrant for Robert Plantiko. The youth was observed by Officer Frank Klimjack allegedly trying to hide Plantiko inside a kitchen cupboard.

Samuel Gene Coughlin Jr., 18, of Pratt Road, Batavia, is charged with unlawful possession of marijuana. Coughlin was charged after police were dispatched at 2:53 a.m. Thursday to the parking lot on Jefferson Square on a suspicious condition complaint. A 17-year-old resident of West Main Street Road, Batavia, was also charged.

Aaron L. Klein, 43, of Harvester Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation, 1st. Klein was arrested following an investigation by Officer Marc Lawrence into a property damage accident reported at 2:57 p.m. Sunday at 34 Clinton St., Batavia.

Bobby L. Mobley Jr., 29, of Bank Street, Batavia, is charged with criminal possession of marijuana over eight ounces. Mobley turned himself in on an alleged incident from Sept. 14. He was allegedly found in possession of more than eight ounces of marijuana during a traffic stop on Jackson Street.

Maleak Hakeem Green, 21, of South Main Street, Batavia, is charged with failure to obey a court order. Green allegedly violated a court order of protection.

David W. Zengulis, 51, of Ellicott Street, Batavia, is charged with DWI and driving with a BAC of .18 or greater. Zengulis was stopped at 9:06 a.m. Friday on Ellicott Street, Batavia, by Officer Frank Klimjack. Zengulis submitted to a breath test and allegedly registered a BAC of .30.

Mckayla J. Kosiorek, 20, of South Jackson Street, Batavia, was arrested on a warrant. Kosiorek was located at an address on Hutchins Street while police investigated an unrelated matter. Kosiorek was allegedly found to have a warrant for failure to appear.

Mark T. Zdrejewski, 61, of Meyer Road, North Tonawanda, is charged with four counts of issuing a bad check. Zdrejewski allegedly issued bad checks to a local business. He was arrested on a warrant.

Ty’ree D. Winkfield, 16 of Washington Avenue, Albion, is charged with criminal possession of stolen property, 3rd, a Class D felony, and unlawful possession of marijuana. Winfield was stopped by Le Roy PD for an alleged traffic violation. Upon investigation, it was determined the vehicle he was driving was allegedly stolen from Albion. Winkfield was released under supervision of Genesee Justice.

Charles F. Chidsey, 28, of Clay Street, Le Roy, is charged with unlawful possession of marijuana. Chidsey was arrested following a complaint of loud music.

Brian Wilson Herke, 29, of Townline Road, Byron, is charged with DWI, driving with a BAC of .18 or greater and drinking alcohol in a motor vehicle. Herke was stopped at 11:24 p.m. Sunday on Townline Road, Byron, by Deputy Joseph Corona.

Shannon M. Malone, 42, of Route 98 Road, Varysburg, is charged with petit larceny. Malone is accused of shoplifting at Walmart.

Arthur Wayne Adner, 66, of Cobblestone Court, Holley, is charged with possession or transport or offer for sale of unstamped cigarettes. Adner was stopped at 11:26 a.m. Sept. 16 on Judge Road, Alabama, by Deputy Joseph Corona. Adner allegedly possessed 1,800 untaxed cigarettes.

Mitchell Andrew Cummings, 23, of Byron Road, Batavia, is charged with unlawful possession of marijuana and a seat belt violation. Cummings was stopped at 11:43 p.m. Friday on Byron Holley Road, Byron, by Deputy Joseph Corona for allegedly driving without a seat belt.

Amanda Rose McDonald-Mruczek, 32, of Pringle Avenue, Batavia, was arrested on a warrant for an attempted petit larceny charge. McDonald-Mruczek was arrested following an appearance in City Court for alleged failure to appear on an attempted petit larceny charge. She was jailed on $250.

Timothy S. Spiotta, 46, of Oakfield, is charged with DWI, driving with a BAC of .08 or greater and speeding. Spiotta was stopped at 9:20 p.m. Wednesday on Farnsworth Avenue, Oakfield, by State Police.

Roger W. Little, 47, of Byron, is charged with criminal mischief and harassment. Little was arrested by State Police. No further details released.

The Sheriff's Office would like to interview the man in this picture.

During the early afternoon of Sept. 10, this man is believed to have picked up a woman's wallet seconds after she dropped it while exiting the grocery side vestibule at Walmart.

The Walmart greeter saw the man pick up the wallet and the greeter offered to take it to customer service. The man said he was heading to customer service himself. 

Investigator William Ferrando said he never made it to customer service. He walked into the restroom and allegedly left the store without turning in the wallet.

He is believed to have left in the maroon crew cab pickup truck depicted in the picture below.

Anybody with information that might assist in the investigation is asked to call Ferrando at (585) 343-5000.

A Le Roy Police officer made a traffic stop Monday and found a Batavia man allegedly in possession of crack cocaine and five different types of pills as well as drug paraphernalia.

Arrested was Anthony A. Leone, 46, of 7 Jackson St., Batavia.

He is charged with criminal possession of a controlled substance, 4th, a Class C felony, five counts of criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. 

The traffic stop was conducted by Officer Jared Dent, who is also a member of the Local Drug Task Force. The task force assisted at the scene.

Leone was jailed without bail.

Baybhann Osman Tagber, 38, of North Almond Drive, Beverly Hills, was arrested as a fugitive from justice. Tagber was being held at the Buffalo Federal Detention Center on a possible immigration issue. While in custody, authorities learned of a warrant in the City of Los Angeles. Tagber was wanted on a burglary charge. Tagber is being held in the Genesee County Jail pending an extradition hearing.

Gary William Bird, 60, of Vine Street, Batavia, is charged with stalking, 4th. Bird is accused of contacting a person at their place of employment while knowing that such contact was unwanted and would cause alarm and annoyance.

Carrie A. Stewart, 34, of Attica, is charged with conspiracy, two counts of criminal trespass and petit larceny. Stewart was arrested at Walmart by State Police at 10:10 p.m., Sunday. No further details released.

Timothy M. Ryan, 20, of East Pembroke, is charged with burglary, 2nd. Ryan is accused of entering the residence of a family member and taking more than $600 worth of electronics. The items were sold to a pawn shop. Ryan was released under supervision of Genesee Justice.

During the early morning hours of Aug. 21 somebody broke into the food stand at the Little League fields at the Oakfield Town Park and stole drinks and candy.

Town Clerk Melissa Haacke said the thief was obviously looking for money.

Sometime after 3 a.m., the person in this photo was seen on surveillance cameras in the park, so officials are hoping to identify the person and determine if there's a connection.

Haacke can be reached at (585) 948-5835.

James Timon Saddler III, 33, no permanent address, is charged with criminal impersonation, 2nd, forgery, 2nd, offering false instrument, 1st, aggravated unlicensed operation, 3rd, and consumption of alcohol in a motor vehicle. Saddler was reportedly stopped at 10:30 p.m. May 31 on Ellicott Street, Batavia, by Officer Jason Ivison. Saddler allegedly provided a name and date of birth other than his own and signed a consent to search form under the false name. Upon further investigation of the stop and a review of camera footage of the stop, Ivison determined that Saddler was the person stopped who allegedly provided a false identity. Saddler is currently an inmate in the Genesee County Jail being held on unrelated charges.

Jerry Tyrone Saddler, 38, of Maple Street, Batavia, is charged with harassment ,2nd. Saddler is accused of hitting a woman several times during an argument, causing minor injuries.

Samuel Forrest Brown, 26, of River Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlamps. Brown was stopped at 11:51 p.m. Friday on Route 5, Stafford, by Deputy Chris Parker.

Douglas Scott Sprague, 47, of Hutchins Place, Batavia, is charged with criminal contempt,1st. Sprague was arrested on a warrant for allegedly violating an order of protection on June 2.

Michael Lee Milroy, 48, of McLernon Road, Bethany, is charged with assault, 3rd. Milroy was allegedly the driver of a vehicle at 7:45 p.m. Thursday that drove away from a residence while another person was leaning in the open passenger side door of the vehicle. Milroy is accused of striking that person with the door frame and rear tire, causing an injury to that person.

Use a gun, go to prison.

Judge Robert C. Noonan applied that principle to 23-year-old Akeem Simmons today, handing down a 20-year prison term to the thrice convicted burglar.

"I can't think of any reason why you would bring a gun into a home invasion burglary other than kill somebody if you were caught," Noonan said. "I just can't think of any other reason."

Simmons was convicted Aug. 15 following a jury trial of first-degree burglary, criminal use of a firearm 1st, and conspiracy, 4th.

Noonan dismissed the firearm charge today because the burglary, 1st, conviction covers the use of a weapon in the crime, but Noonan still made it clear it was an important element of the crime.

Simmons and 18-year-old Nathaniel Davis were arrested Jan. 14 shortly after Batavia PD received a report of a burglary in progress at 28 Park Ave.

Davis was found with the handgun, but testimony at trial, Noonan noted, established that it was Simmons who brought the gun to the burglary and influenced Davis into joining him in break-in.

"It's very clear to me you were the moving force of a home-invasion burglary," Noonan said.

Simmons made no statement in court today.

As an adult, he has a prior burglary conviction in Monroe County, which counted as a predicate violent felony for the purpose of today's sentencing. He also has a prior burglary conviction that was given youthful offender status.

Before Noonan pronounced sentence, defense attorney Thomas Burns made a motion for a delay in sentencing because he suspects an undisclosed deal between the District Attorney and Davis for the testimony Davis provided at trial.

"I think it would be completely unfair to my client that any kind of wink-wink agreement between the prosecution and his attorney would be done in such a fashion," Burns said.

Noonan asked if he had any evidence of an agreement and Burns said the point of holding a hearing on his motion prior to sentencing would be aimed at uncovering any evidence.

The fact that Davis entered a guilty plea after the trial to a lesser burglary charge, Burns said, and after Noonan's plea cut off date, certainly suggests a backroom deal.

"I don't know how this is meted out without having princple players describe under oath what took place," Burns said. "I don't think that's unreasonable."

Noonan said his plea cutoff dates are not anything in statute, but used exclusively to help the court manage its calendar, and given the fact that Davis "implicated himself 100 percent" during the Simmons trial, it warranted giving him another shot at a plea deal.

Without evidence of a rights violation, Noonan wouldn't delay sentencing today and said Burns is always free to make a motion later if he uncovers any evidence of an undisclosed, inappropriate deal for the testimony of Davis.

Joseph Allen Hogan, 46, of Bank Street, Batavia, is charged with four counts of petit larceny and five counts of falsifying business records. Hogan is accused of altering weight slips at Ed Arnold Scrap in order to receive overpayment on scrap. Hogan was jailed without bail.

Christopher M. Colantonio, 35, of South Swan Street, Batavia, is charged with petit larceny and forgery, 2nd. Colantonio was arrested on a warrant for allegedly stealing checks from a woman he knew, forging them and cashing them at a local bank. Colantonio was jailed on $2,500 bail.

Thomas E. Hensel, 31, of East Main Street, Batavia, is charged with possession of burglar tools. Hensel was allegedly found in possession of a full set of lock picks at a location on Pearl Street at 10:25 p.m. Saturday.

Anya R. Rambuski, 44, of Birchwood Drive, Batavia, is charged with driving while ability impaired. Rambuski was stopped at 11:58 p.m. Saturday on West Main Street, Batavia, by Officer Marc Lawrence.

Linda L. Fagan, 65, of Ross Street, Batavia, is charged with petit larceny. Fagan allegedly got rid of several instruments and other property owned by her brother.

Robert J. Propst, 34, of Maple Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Propst was allegedly involved in a domestic incident in which he grabbed the shirt of the victim, threw her phone and was yelling at her in the presence of children. Propst was jailed on $2,000 bail.

A 16-year-old resident of East Avenue, Batavia, is charged with harassment, 2nd, and criminal contempt, 2nd. The youth allegedly threatened another person, violating an order of protection.

Paul M. Gelardo, 29, of Fargo Road, Stafford, is charged with petit larceny. Gelardo allegedly stole a bicycle from T.F. Brown's.

A pair 17-year-olds from Buffalo are charged with petit larceny. The two youths are accused of stealing money from their employer at the time, Darien Lake Theme Park.

Jeffrey John Farrell, 27, of West Avenue, Medina, is charged with petit larceny. Farrell allegedly stole $433.74 in merchandise from Walmart.

Kimberly Ann Pietrzykowski, 26, of Old Telephone Road, Bethany, is charged with petit larceny. Pietrzykowski is accused of stealing $204.90 in groceries from Walmart. The shopping cart of groceries was recovered in the parking lot of Home Depot.

Bradley J. Barnard, 19, of Byron, is charged with petit larceny. Barnard is accused of taking a carbonated beverage and placing it in his backpack while in the cafeteria at GCC. Surveillance video was used to confirm the alleged theft.

Kyle B. Sovocool, 21, of Le Roy, is charged with promoting sexual performance of a child less than 17 years old, possession of sexual performance by a child and criminal possession of a weapon, 4th. Sovocool was arrested as the result of a State Police investigation stemming from a Jan. 22 complaint. Sovocool was jailed on an unspecified bail. No further details released.

A second man has been arrested in an alleged attempt to cash forged checks at a Le Roy bank last week, and investigators say the scheme is part of a larger forgery ring based in out of state.

Le Roy PD, as part of a joint investigation with Batavia PD, has arrested 40-year-old O'Neil O. Llewellyn, of Hudson Street, Syracuse.

It's alleged that Llewellyn entered the bank knowingly in possession of a forged check with the intent to cash the check.

He is charged with one count of criminal possession of a forged instrument, 2nd, a Class D felony.

Further charges are pending in Batavia.

Last week, Le Roy PD arrested Thomas A. Webb, 54, of Syracuse, and charged him with criminal possession of a forged instrument, 2nd.

Webb was arrested after a bank employee called about two people in the bank trying to cash forged checks. Webb was apprehended at the scene while the second person fled.

Le Roy investigators say it appears that an out-of-state forgery ring went to Syracuse and recruited area residents to cash forged checks. The recruits were then driven around New York to various bank locations, where they attempted to cash the forged checks. 

Each recruit received a small percentage of the value of a successfully cashed check.

Llewellyn was ordered held on $10,000 bail.

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