Nancy Jo Sabourin, 54, of Henderson Avenue, Tonawanda, is charged with felony DWI (two previous convictions within 10 years) and felony driving with a BAC of .18 or greater. Sabourin was stopped at 10:24 p.m. Thursday in the Darien Lake driveway by Deputy Joseph Corona.
Sherika Kendra Dixon, 21, of Franklyn Avenue, Kingston, Jamaica, is charged with petit larceny. Dixon is accused of shoplifting from Kmart.
Laura Anne Costa, 20, of Jewett Parkway, Buffalo, is charged with criminal impersonation, 2nd, and criminal possession of stolen property, 5th. Costa allegedly used another person's lost NYS driver's license as identification while being arrested on a trespass charged during a concert at Darien Lake on Aug. 16. The other person was subsequently identified in a news release as a person arrested at the concert, leading to the discovery of the alleged criminal impersonation.
Kodey R. Mills, 21, of Myrtle Street, Le Roy, is charged with unlawful possession of marijuana. Mills was stopped by Le Roy PD on Monday and allegedly found in possession of marijuana.
Robert Holland Cokely, 26, of Merrill Road, Byron, is charged with DWI, refusal to take breath test, speeding, driving left of pavement markings and no/inadequate plate lamp. Cokely was stopped at 11:32 p.m. Wednesday on East Main Street, Byron, by Deputy Joseph Corona.
Scott R. Booth Jr., 23, of Attica, is charged with petit larceny. Booth is accused of shoplifting from Walmart.
Andrea Baccas, 19, and Nellisia Pryce, 20, both of Jamaica, are charged with petit larceny. Baccas and Pryce are accused of shoplifting from Walmart. Both were jailed on $250 cash bail or $500 bond each.
Rebecca J. Cornell, 39, of Sand Hill Road, Caledonia, is charged with petit larceny. Cornell is accused of stealing clothing items from a store in the Village of Le Roy. Surveillance video was used to identify the suspect vehicle and the suspect and make an arrest.
Philip L. Adams, 34, of 6580 Randall Road, Le Roy, is charged with stalking, 1st, criminal possession of a weapon, 3rd, assault, 2nd, aggravated family offense and assault, 3rd. Adams was arrested following an investigation into complaints by a former live-in girlfriend that between December 2013 and May 2014 that Adams abused her. Adams allegedly pushed her onto hard pavement causing an injury (bruising on her arm), struck her in the face with a detachable shower head causing injury (bruising around her eye), sprayed her with a flammable liquid and threatened to light her on fire, and threatened to stick a lit cigarette in her eye. Adams was jailed on $10,000 bail.
Jennifer A. Wilsey, 34, of Canastota, is charged with criminal impersonation, aggravated unlicensed operation, 3rd, and uninspected motor vehicle. Wilsey is accused of providing troopers with a wrong name and date of birth during a traffic stop on Route 77, Pembroke. Wilsey reportedly believed there may have been a warrant for her arrest. She was jailed on $2,500 bail.
Daniel E. Gorrow, 19, of Gilbert Street, Le Roy, is charged with unlawful possession of marijuana. Gorrow was charged following a traffic stop by Le Roy PD.
Taylor D. Saulsbury, 19, of Lake Street, Le Roy, and Henri E. Wilcox, 29, of North Main Street, Warsaw, are charged with unlawful possession of marijuana. Saulsbury and Wilcox were charged following a traffic stop by Le Roy PD.
James Michael Gallo, 24, of Coshway Place, Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. Gallo was arrested by Deputy Joseph Corona following an investigation into an altercation reported at 12:16 a.m. Sunday at 9993 Alleghany Road, Darien.
Steven Richard Lebo, 31, of Quincy Alley, Kearny, N.J., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, and moving from lane unsafely. Lebo was arrested by Deputy Joseph Corona following a report at 9:48 p.m. Saturday of a vehicle that left the roadway at 9993 Alleghany Road, Darien.
Nancy Alice Shruefer, 52, of Clover Place, Cheektowaga, is charged with DWI and driving with a BAC of .08 or greater. Shruefer was found in a disabled vehicle on Route 77 near Darien Lake at 1:10 a.m. Sunday by Deputy Andrew Hale.
Melissa Grace Betances, 33, of Clinton Street, Batavia, is charged with a violation of probation. Betances was jailed on $15,000 bail.
Caitlin A. Hanley, 25, of East Main Street, Batavia, is charged with endangering the welfare of a child. Hanley is accused of being involved in a domestic incident on Aug. 9.
Ronald Baltasar Gonzalez, 29, of Spencer Court, Batavia, is charged with criminal possession of a weapon, 4th. Following an investigation into firearms that were turned into Batavia PD, Gonzalez was charged with illegal possession of firearms.
Randy Gene Leach II, 28, of Torrey Road, Stafford, is charged with failure to pay fine. Leach was arrested on a warrant. He posted $250 bail and was released.
Laura C. Mazenga, 21, of Malling Drive, Rochester, is charged with trespass, petit larceny, resisting arrest and criminal possession of stolen property, 5th. Mazenga was allegedly seen rummaging through a vehicle on Woodrow Road at 2:26 a.m. Friday. When police approached, she allegedly fled and resisted arrest. She allegedly possessed property stolen from the vehicle.
A family enjoying a gathering on South Main Street, Batavia had their evening spoiled by an alleged drunken driver who rammed into one family member's car and, according to witnesses, came darn close to killing another family member.
The incident occurred around 6:40 p.m.
The alleged drunken driver was westbound on South Main when his truck veered to the opposite side of the road and struck a parked car, badly damaging it.
About 50 members of Mark Fanara's family were in a tent at the side of his father's house on South Main when they heard the boom, Fanara said. They all rushed to the street and Fanara said he saw a truck rolling away from the car that was hit.
Then the driver hit the gas, he said, even though a front tire was completely bent to the side.
Fanara's aunt's car was parked behind the car that was struck. She had just gone to her car to get some money out of her purse and was at the driver's side door, bent over, at the time of the accident.
"If that car wasn't there (the one that was hit) he very easily could have struck my aunt," Fanara said. "It had to be only feet from here."
Fanara's brother -- it was his wife's car that was hit -- jumped in his car and followed the suspect vehicle on Dewey, through Birchwood, over to the car wash on South Pearl, where the driver parked his truck and began ditching items in his car. He also tried removing the license plates from his truck. He put on a sweatshirt with a hoodie.
When police arrived, he tried to flee on foot, but didn't get far.
Taken into custody was Bradley Howard, 23, of Mayville. He was charged with DWI, aggravated unlicensed operation and unlawful possession of a hypodermic instrument, said Officer Chad Richards, along with 10 other charges.
A woman was in the truck at the time of the accident and she returned to the scene and gave officers a statement, Richards said.
Howard has a job locally, which is apparently why he was in Batavia, Richards said.
Among the items Howard allegedly discarded was a hypodermic needle, but no other contraband was recovered, Richards said.
"Several people were right there and called it right in," Richards said. "We had an overabundant number of witnesses, so it was easy to locate the subject."
The following people were arrested by the Genesee County Sheriff’s Office during the Luke Bryan concert at Darien Lake Performing Arts Center on Saturday:
David P. Mayne, 28, of James Street, Medina, for is charged with disorderly conduct, harassment, 2nd, and resisting arrest after allegedly being involved in a physical altercation inside the concert venue after grabbing a acquaintance by the throat and punching her in the face. Mayne then allegedly resisted arrest. Mayne was arraigned in Darien Court and remanded to jail in lieu of $500 bail.
Michael R. J. Fiumano, 20, of Glenn Avenue, Pulaski, is charged with harassment, 2nd, after he allegedly punched and pushed a Live Nation Security Officer.
Kassidy R. Watson, 19, of Lake Avenue, Hilton, is charged with tampering with physical evidence and unlawful possession of marijuana after allegedly being found in possession of marijuana and then attempted to conceal the evidence in her shirt.
Ariana M. Watson, 20, of Lighthouse Road, Hilton, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Mark A. Buldyke, 22, of Amber Court, Port Perry, Ontario, Canada, is charged with trespass after allegedly jumping a fence into the venue.
Kirstia M. Dlugosz, 19, of South Prince Drive, Depew, is charged with trespass after allegedly reenentering the concert venue after being ejected and told not to return.
Stephen J. Hayes, 24, of Saya Road, Weedsport, is charged with criminal trespass, 3rd, after allegedly jumping a fence onto the Darien Lake property.
Corey J. Hinman, 25, of Ryan Road, Weedsport, is charged with criminal trespass, 3rd, after allegedly jumping a fence onto Darien Lake property.
Jacob R. Andol, 19, of East Blood Road, Cowlesville, is charged with disorderly conduct after allegedly causing a disturbance in the medical tent inside the venue.
Lucas R. Logsdon, 19, of Dunkley Road, Leicester, is charged with disorderly conduct after allegedly fighting inside the concert venue.
Trey G. Henderson, 22, of Terry Hills Drive, Batavia, is charged with disorderly conduct after allegedly fighting with concert security while being ejected from the venue.
Samuel A. Musolino II, 23, of Hyde Park, Niagara Falls, is charged with criminal trespass, 3rd, after allegedly jumping a fence into the concert venue.
(Name Redacted), 23, of Hillpine Road, Cheektowaga, is charged with trespass after allegedly reentering the concert venue after being ejected and told on to return. (The person arrested was apparently using the ID of another individual, so the name has been redacted).
Jordan M. Coulson, 23, of McMurchy Avenue, South Brampton, Ontario, Canada, is charged with trespass after allegedly jumping a fence on Employee Road into the back area.
Danielle B. Russell, 19, of Floren Tine Way, Chili, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.
Matthew H. Coe, 22, of Route 62, Frewsburg, is charged with trespass after allegedly jumping a fence into the concert venue.
Ryan M. Hanes, 25, of Cleveland Drive, Cheektowaga, is charged with disorderly conduct after allegedly fighting with Live Nation Security.
David D. Carpes, 27, of Nelson Road, Clyde, is charged with harassment, 2nd, after allegedly pushing a Live Nation Security Officer.
Bryan T. Mogle, 23, of Englewood Avenue, Buffalo, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.
Gabrielle L. Frey, 20, of Boyce Road, Corfu, is charged with disorderly conduct after allegedly causing a disturbance on Sumner Road.
The following people were issued tickets for alleged possession of a fictious license:
Madeline L. Bissell, 19, of East Aurora
Michael A. Marcucci, 19, of Spencerport
Jon M. Tokar, 19, of Big Flats
Emily E. Shapiro, 19 of Buffalo
Anthony Martusciello, 20, of Spencerport
The following people were issued tickets for alleged possession of another person's license:
Eileen L. Argona, 19 of Niagara Falls
Franjo B. Tabar, 20, of Buffalo
William A. Sanchez, 29, of Spring Valley
Jordan Brandwood, 21, of Beemsville, Ontario, Canada
Police responded to a report about 20 minutes ago of fighting on Jackson Street. Police Sgt. Chris Camp told Howard at the scene that two teens met there to fight over something posted on Facebook and they brought some backup and some others also showed up. The initial caller said about 20 youths were involved, but Camp said the total "was nothing like that."
Although one person was handcuffed at some point, no one is believed to have been arrested. The fracas has broken up and police are back in service.
CORRECTION: South Jackson, not Jackson.
John E. Sackett, 48, of 81 Falmouth St, Rochester, is charged with aggravated unlicensed operation, 2nd, unlawful possession of marijuana, and criminal possession of a controlled substance, 7th. Sackett was stopped for allegedly speeding in the Village of Corfu by Officer Mike Petritz. Sackett was allegedly going 48 in a 35-mph zone and found to have 16 suspensions on his license. He was allegedly found with a small quantity of marijuana and a small baggie containing cocaine residue. Sackett was jailed on $1,000 bail or $1,000 bond.
Thomas James Rose, 18, of Ford Road, Elba, is charged with driving while impaired by drugs and unlawful possession of marijuana. Rose was arrested following an investigation into a personal injury accident off a driveway on Valle Drive, Batavia, at 6:45 p.m. Aug. 3. The accident was investigated by Deputy James Diehl.
William Leslie Casinett II, 32, of Frontier Avenue, Niagara Falls, is charged with assault, 3rd. Casinett allegedly punched another person in the face causing physical injury at 9:30 p.m. July 29 while at the Darien Lakes Performing Arts Center.
Kirk Andrew Frye, 25, of South Swan Street, Batavia, is charged with petit larceny. Frye is accused of shoplifting at Walmart.
Kevin Albert Roberts, 23, of Riverstone Parkway, Canton, Ga., was arrested on warrants alleging criminal mischief, 3rd, petit larceny and unlawful possession of marijuana. Roberts was arrested in Georgia as a fugitive from justice and returned to Genesee County. He was arraigned in Town of Batavia Court and jailed without bail.
Stephen K. Mullen, 25, of Silver Springs, is charged with unlawful possession of marijuana. Mullen was stopped by State Police at 2 a.m. Aug. 5 on Route 5, Stafford. No further details released.
Jacob R. Reinhardt, 51, of Corfu, is charged with DWI and driving with a BAC of .08 or greater. Reinhardt was stopped by State Police on Colby Road, Darien, at 10:36 a.m. Wednesday.
Steven P. Tubinis, 42, of Niagara Falls, is charged with felony DWI and felony driving with a BAC of .08 or greater. Tubinis was stopped at 10:15 p.m. Wednesday on Colby Road, Darien, by State Police.
Though staunch in his defense of Akeem Simmons, Defense Attorney Thomas Burns failed to create reasonable doubt in the minds of the 12 jurors tasked with hearing the case. Simmons was found guilty today on all three counts for which he was being tried.
The 23-year-old Batavia resident was found guilty of burglary in the first degree, a class B violent felony; criminal use of a firearm in the first degree; and conspiracy in the fourth degree. While Burns made a valiant attempt to poke holes in the prosecution's witness testimonies, the jury was not swayed in his client's favor.
"There is an irony that stands out," Burns said during closing arguments, "when you count the number of law enforcement that (18-year-old Nathaniel) Davis met, even before the trial, that he lied to about the events of that day (January 14, 2014).
"He came in, laid his hand on the Bible and swore to tell the truth and he lied," Burns continued.
Davis is also accused of first-degree burglary, and fourth-degree conspiracy. The Davis case is still pending.
Burns also noted that, according to Davis, there are lies, and then there are justifiable lies.
Reasonable doubt and the lack of quality evidence were the key points in the defense attorney's closing argument. According to the defense, Davis himself admitted to breaking into the home on Park Avenue. Additionally, when Davis was nabbed by police, he was found carrying a loaded gun. Furthermore, Burns painted the investigation by police as somewhat lackadaisical.
"Did you (jury) hear any testimony about the house being searched for evidence?" Burns queried. "It was January in New York; where are the footprints? Was anything observed in the house?"
Burns also pointed out that there was no evidence that linked his client to the gun or the screwdriver used in the crime.
District Attorney Lawrence Friedman countered with a recap of witness testimony. He stated that Simmons was seen with what looked like the grip of a gun, prior to the crime.
The focus of the evidence has been on the flight from the area -- the path that ran along the back of the Park Avenue house to St. Paul's Church, Burns argued. He also stated that police K-9 Pharoah detected a strong scent that led the animal and handler, Deputy Brian Thompson, to the porch where Simmons was hiding.
Burns contended Simmons ran because of his knowledge of a warrant issued against him for a parole violation. Friedman continued reminding the jury that the trial was not about a parole violation, it was about placing Simmons at the scene of the crime and committing burglary.
Conversely, when a search warrant was issued for Davis's phone, investigators found Simmons' number in Davis's list of contacts.
"There were no text messages or calls between Simmons and Davis," Burns said. "There was no communication between them on the phone at all. Not knowing about the phone records is a quality-of-evidence issue."
In the defense's pursuit to rebuke Friedman's witness testimony, Burns questioned a witness account of the events on the day of the burglary. He noted that her initial testimony indicated that only one person entered the Park Avenue home, and she was "pretty sure" they were black and about 5'7" or 5'8". The prosecution recalled the witness after the lunch break, whereupon she recanted her earlier testimony, and stated she saw two men enter and exit the house which is what she said in the call to 9-1-1 on Jan. 14.
Returning to Davis's testimony, Burns stated that even when Davis tried to put Simmons in the house, he still couldn't get his story straight. He contended that Davis said he lied because he was intimidated by Simmons; that he was afraid of what Simmons would do -- thus stated after notes were found where Simmons is said to have written that he "had a man killed in Elmira." The prosecution also made reference to said notes, but stated that Simmons' threat is indicative of consciousness of guilt.
Burns asked the jurors to consider Davis's demeanor on the stand, his lifestyle, his conflicting explanations, and how he justifies his lies; this goes to show a person's moral fiber. Drumming the idea into jurors' heads that Simmons only ran because of the parole warrant and Davis is a "scary pathological liar," he finalized his argument reminding jurors to follow the law as instructed by the court.
"If you have any doubt about Davis," Burns said. "Then you have reasonable doubt about Simmons' guilt.
"You're not being asked if he (Simmons) is a good or bad person or that he violated parole," Burns continued. "You are asked to determine if the district attorney proved beyond a reasonable doubt to my client's innocence."
"Judge (Robert) Noonan will tell you that the verdict is based on evidence, not speculation," Friedman said. "The evidence presented proves this beyond a reasonable doubt."
Speaking of the decision to use Davis's testimony, Friedman enlightened the jurors that a case can not be built solely on an accomplice's testimony -- corroborating evidence is also needed.
"You got that many times over in this case," Friedman said. "Don't get hung up solely on Davis's testimony. Look at all the evidence."
Friedman also refuted the idea that Davis received a deal for his willingness to testify. According to the D.A., they didn't need his testimony to prove the guilt of Simmons.
"Davis lied because he knew Simmons was a gang member," Friedman said. "That's why Davis wasn't willing at first to finger Simmons.
"What does Davis have to gain by testifying against Simmons?" Friedman retorted.
Friedman inferred that if it wasn't enough that Simmons was a gang member and carries a gun, it was also intimidating when threatening notes were passed to Davis in the Genesee County Jail. Conversely, Simmons was said to have given Davis the idea that breaking into the house on Park Avenue was a way to get money because the homeowner was a drug dealer.
"Upon investigation, it was obvious that the homeowner was not selling drugs out of his home as Simmons indicated to Davis," the D.A. said.
The prosecution also questioned Simmons' honesty when he denied knowing Davis, yet Davis had his phone number in the contacts of his cell phone. Furthermore, when Simmons was questioned, he said a "kid" was involved in the burglary, however, police never stated the age of the subject.
Simmons also admitted to wearing the clothes that witnesses said the men leaving the house were wearing, yet when he was found, Deputy Thompson witnessed Simmons pushing similar clothing away from him.
Additionally, Simmons puts himself on the path, going in the direction of the church, on the date and time the crime was committed. He even went so far as telling officers that he "saw two dudes in black running on the path."
"Think of the evidence the police had prior to Davis's testimony," Friedman said. "Using common sense, you (jury) will find that Simmons' innocence was proven wrong, therefore you must return a verdict of guilty."
Simmons is held without bail at the Genesee County Jail. He is scheduled for sentencing Sept.15 at 9:30 a.m..
Shannon H. Dick, 33, of Bank Street, Batavia, is charged with criminal possession of a controlled substance, unlawful possession of marijuana, failure to keep right on a bicycle while in the roadway and failure to stop before entering a roadway on a bicycle. Dick was observed by Officer Jason Davis allegedly operating her bicycle in an unsafe manner and acting suspicious while leaving a residence on State Street.
Andrew J. Paladino, 35, of Shelter Street, Rochester, was taken into a custody on a warrant out of Family Court. Paladino was jailed on $2,500 bail.
Allen W. Gray, 34, of Oak Street, Batavia, is charged with harassment, 2nd, criminal mischief, 4th, and criminal contempt, 1st. Gray is accused of grabbing a person by the shirt, shoving him and knocking him off his bike. The victim's shirt was stretched, a necklace was broken and his right knee scratched. Gray is under court order to stay away from the alleged victim.
Tyrone L. Doward Jr., 24, of East Avenue, Lockport, is charged with criminal trespass, 2nd. Doward was arrested after an investigation of a person climbing through the window of an occupied apartment. Doward was reportedly unknown to the occupant.
Eric C. Smith, 26, of Bank Street, Batavia, was arrested on a pair of warrants for alleged improper parking. Smith was located while police were on an unrelated complaint. He's accused of parking on city streets between 2 and 6 a.m.
Brandon N. Benz, 19, of Clinton Street, Batavia, is charged with unlawful possession of marijuana. Benz was located at a residence on Jackson Street allegedly in possession of marijuana.
Diana Lynn Bloom, 56, of State Street, Batavia, is charged with harassment, 2nd. Bloom is accused of hitting another woman while in a vehicle on Bank Street.
Kimberly M. Douglas, 32, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to appear. Douglas turned herself in at Batavia PD.
Ernest Robert Saari, 32, of Alleghany Road, Attica, is charged with speeding, aggravated unlicensed operation, 2nd, and unregistered trailer. Saari was stopped by Officer Nedim Catovic on East Main Street, Batavia, for allegedly driving 45 mph in a 30 mph zone. He was jailed on $500 bail.
Robert W. Plantiko, 39, of Thorpe Street, Batavia, is charged with petit larceny. Plantiko is accused of stealing a box of garbage bags from Kwik Fill at 99 Jackson St., Batavia.
Joseph T. Burr, 21, of Oak Orchard Road, Elba, was arrested on a warrant out of City Court. The warrant was for driving an uninspected motor vehicle. Burr posted $100 police bail and was released.
Juliann Thomas, 51, of Chili Avenue, Rochester, is charged with DWI, refusal to take breath test, moved from lane unsafely and failure to stop for stop sign. Thomas was stopped at 1:48 a.m. Saturday on Clinton Street, Batavia, by Officer Darryle Streeter.
Harry T. Gibson, 50, of Batavia, is charged with DWI and aggravated unlicensed operation. State Police out of Warsaw responded to a report of a disabled vehicle on Route 98 in the Town of Java. Gibson was allegedly found behind the wheel and failed field sobriety tests. He was later found to have a BAC of .10 based on a breath test. He was jailed on $2,500 bail.
Dawn K. Cochran, 44, of Le Roy, is charged with DWI. Cochran was stopped at 5:55 p.m. Sunday in the Town of Pavilion, by State Police.
(name redacted upon request), 39, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. xxxx was stopped at 9:17 p.m. Friday on Route 33, Stafford, by State Police.
Matthew C. Moy, 21, of Holley, is charged with DWI and driving with a BAC of .08 or greater. Moy was stopped at 9:35 p.m. Friday on Route 262 in Byron by State Police.
The following people were arrested by the Genesee County Sheriff’s Office during the One Republic concert at Darien Lake Performing Arts Center on Saturday:
Christopher M. Kirsch, 19, of Gerald Drive, Hamburg, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Bryce R. Feiner, 18, of West 70th Street, Dunkirk, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Jenna R. Andolina, 18, of Tisbury Road, Hamburg, was issued a ticket for alleged possession of a fictitious Pennsylvania Identification Card.
The following people were arrested by the Genesee County Sheriff’s Office and NYS DMV Investigators during the Drake/Lil’ Wayne concert at Darien Lake Performing Arts Center on Friday.
Lamesa Frazier, 30, of Sixth Street, Niagara Falls, is charged with trespass after allegedly refusing to leave the concert venue after being told to leave several times. Frazier was arraigned in Darien Court and remanded to jail in lieu of $250 bail.
Bryan L. Becker, 19, of Price Road, Livonia, is charged with trespass (two counts) and criminal trespass, 3rd, after allegedly reentering the venue three times after being ejected and told not to return each time. Becker was arraigned in Darien Court and remanded to jail in lieu of $500 bail.
Gianna N. Cornman, 29, of Brinton Street, Buffalo, is charged with criminal trespass, 3rd, and trespass after allegedly reentering the concert venue twice after being ejected and told not to return. Cornman was arraigned in Darien Court and remanded to jail in lieu of $500 bail.
Samantha C. Escudero, 29, of Sixth Street, Niagara Falls, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return. Escudero was arraigned in Darien Court and remanded to jail in lieu of $250 bail.
Michael H. Fronckowiak, 27, of Park Place, Buffalo, is charged with harassment, 2nd, after allegedly striking a CSC security guard. Fronckowiak was arraigned in Darien Court and remanded to jail in lieu of $300 bail.
Bryan A. Rosario, 19, of Locust Drive, Fairport, is charged with criminal possession of marijuana, 5th, after allegedly possessing more than 25 grams of marijuana.
Hannah J. McNamara, 20, of Lake Street, Angola, is charged with criminal trespass, 3rd, and trespass after allegedly re-entering the concert venue twice after being ejected and told not to return each time.
Timothy J. Fletcher, 21, of Westside Drive, Churchville, is charged with criminal trespass, 3rd, and trespass after allegedly entering the concert venue twice after being ejected and told not to return each time.
A 17-year-old of Edwards Road, Waterloo, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
William G. Sulkowski, 19, of Ashley Drive, West Seneca, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.
Adam J. Hurd, 22, of East Genesee Street, Auburn, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.
Alicia R. Alagna, 18, of Tennyson Avenue, Buffalo, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.
Jacob E. Fish, 19, of Saint Joan Lane, Cheektowaga, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Cooper W. Zurich, 17, of Wayneport Road, Macedon, is charged with harassment, 2nd, trespass and resisting arrest after allegedly refusing to leave the concert venue, pushing a Darien Lake employee and the resisting the arrest.
Emily N. Dory, 20, of Sweet Home Road, Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Rachel C. Andrews, 27, of Milford Street, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Alexander J. August, 19, of Kings Trail, Williamsville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
A 17-year-old of Kings Trail, Williamsville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
A 17-year-old of Kippen Drive, East Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
A 16-year-old of Westwood Drive, North Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Matthew P. Dimartino, 28, of Pickthorn Drive, Batavia, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Alexander J. Schianl, 20, of Valewood Run Penfield, criminal trespass, 3rd, after allegedly jumping over a gate into the concert venue.
Dustin H. Waldeck, 22, of Graver Road, Niagara Falls, is charged with harassment, 2nd, after allegedly punching a Darien Lake Security guard in the face.
Katelyn R. Flanagan, 18, of Wolfboro Drive, Fairport, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Terren N. Craig, 18, of Wilmuth Avenue, Lackawana, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
A 16-year-old of Washington Street, Salamanca, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
The following were issued tickets for alleged license violations:
Victoria M. McMahon, 20, Rochester
Lea C. Preller, 20, Rochester
Lavalle A. Walker, 20, Buffalo
16-year-old from Kenmore
Thomas G. White, 19, Lancaster
Kaira A. Koller, 18, Amherst
Elisebeth Anczok, 20, Niagara Falls
Austin J. Gieseke, 20, Livonia
Andrew J. Parrilli, 20, Pittsford
Joseph R. Arias, 18, Williamsville
Cody D. Herman, 19, Ontario, Canada
Melanie M. Glover, 19, Kenmore
Tyler R. Biedron, 19, Buffalo
Jessica R. Holmes, 19, Syracuse
Rachel V. Smith, 19, Niagara Falls
Jacob J. Monna, 19, Webster
Three youths about 12 to 15 years old are reportedly breaking into vehicles on Mills Street in the City. Batavia PD is responding. One of the youths is said to be wearing a yellow shirt.
UPDATE 5:44 p.m.: Two are in custody.
Joan Marie Paro, 48, of Humphrey Road, Fultonville, is charged with attempting to evade or defeat tax. Paro is accused of possessing more than 8,000 untaxed cigarettes (40 cartons), which is more than the 400 untaxed cigarettes adults are allowed to possess under NYS law. Paro was stopped at 12:39 p.m. Sunday on Route 77, Pembroke, by Deputy Chris Parker.
Shaneeka R. Wroten, 21, of Washington Avenue, Batavia, is charged with harassment ,2nd. Wroten turned herself in on an arrest warrant out of City Court.
James E. Wroten, 47, of Olyn Avenue, Batavia, is charged with harassment, 2nd. Wroten was allegedly involved in a domestic incident at 11:25 p.m. Monday. Wroten was jailed on $10,000 bail.
UPDATED 9:25 a.m., Thursday.
It took more than an hour, but police did nab a warrant suspect late this afternoon after a police officer spotted him on Walnut Street, Batavia.
The suspect was listed as a missing person and also had a county arrest warrant. The charges are not listed in in the Batavia PD press release. The Batavian is not publishing the suspect's name at this time.
The youth is a resident of Walnut Street.
Officer Chad Richards spotted the youth walking on Walnut and when he turned around, the suspect fled. Backup units were called from Batavia PD and the Sheriff's Office, including Deputy Chris Erion with K-9 Destro.
Officers cordoned off the area and conducted a search. After the search area was expanded, the suspect was spotted on Franklin Avenue and taken into custody.
Assisting in the search were Sgt. Dan Coffey, Det. Thad Mart, Det. Eric Hill, Officer James Defreze, Officer Jason Ivison, Officer Wojtaszczyk along with Det. Paul Caffo and Investigator Greg Walker.
The youth was taken into custody on Franklin by Mart and Defreze.
James Herbert Manes, 77, of Sunset Parkway, Oakfield, is charged with criminal mischief, 4th. Manes allegedly stood on a shed in his yard and used a saw to cut branches from a tree in his neighbor's yard. Manes was previously charged with trespass in the incident. He was arraigned in Town of Oakfield Court on Monday night on the upgraded charge.
Alfredo Jalowayski, 52, of Saint Paul Street, Rochester, is charged with possession of more than 400 untaxed cigarettes, speeding (43 in a 30 mph zone) and no or inadequate exhaust. Jalowayski was stopped at 6:25 p.m. Tuesday on Main Street, Village of Oakfield, by Deputy Patrick Reeves.
Gregory John Richenberg, 56, of South Holley Road, Holley, and Jeremy John Richenberg, 34, of Fancher Road, Albion, are charged with trespass. The two men were allegedly on property in Byron owned by a family member after being advised by the propery owner to stay off the property.
Charles H. Wroten, 53, of Buell Street, Batavia, is charged with criminal obstruction of breathing/blood circulation, second-degree robbery, and second-degree assault. Wroten was arrested on the charges following a domestic incident Aug. 4 on Hutchins Street. He is accused of slamming a person to the ground, causing injury, and taking the phone from the victim. He was jailed without bail. The case was investigated by Batavia PD officers Jason Ivison and James DeFreze.
Mark Walter Grabowski, 56, of Chestnut Street, Batavia, is charged with second-degree harassment following his arrest this afternoon for a monetary dispute that initially arose on July 10 on Margaret Place. He was issued an appearance ticket. The case was investigated by Batavia PD officers Peter Flanagan and Devon Pahuta.
Kelly J. Stone, 40, of Le Roy, no other address provided, was ticketed for failure to keep right following a one-vehicle accident in Warsaw on Aug. 3. State Police reported that the accident occurred at the CSX railroad crossing on Saltvale Road, just entering the Town of Middlebury. Stone was northbound on Saltvale when she allegedly failed to reduce her speed at the crossing in time to avoid entering the southbound lane. Then her vehicle struck a sign on the west shoulder before it came to a stop. Neither Stone nor her two passengers were injured in the collision. She is to return at a later date to the Middlebury Town Court.
Sara E. Schimley, 24, a Le Roy native now living in Buffalo without a permanent address, was arrested July 28 by Le Roy police on a bench warrant out of Le Roy Town Court for failure to appear on two charges: first-degree felony burglary; and criminal possession of a weapon, 3rd. In addition, Le Roy police charged her with bail jumping, 2nd, a Class E felony, for allegedly failing to appear in court within 30 days of her last scheduled appearance on the original burglary and weapons charges. Buffalo PD located her and turned her over to Le Roy PD. She was jailed in lieu of $5,000 bail. Le Roy PD officer John Condidorio handled the case.
Nicole Lyn Kulzer, 33, of Swamp Road, Byron, is charged with endangering the welfare of a child and second-degree harassment. On July, 30, Kulzer was arrested following an investigation into an incident wherein she allegedly disciplined a child by striking the child with a plastic golf club, causing swelling and redness in the area where hit. The case was investigated by Sheriff's deputy Joseph Graff.
Jennifer Ann Stiles, 31, of Sheppard Road, Pavilion, is charged with reckless endangerment, 1st, menacing, 2nd, and conspiracy, 5th, following an incident July 25 in Byron. It is alleged that she was involved in a dispute and discharged a firearm during the conflict. The case was investigated by Sheriff's deputy Joseph Corona.
Brandon Marshall Weig, 26, of West Main Street, Batavia, is charged with first-degree criminal contempt, with a prior conviction within the previous five years. He allegedly violated a court order barring him from having any contact whatsoever with the protected party. Weig is currently in county jail on a similar offense and was issued an appearance ticket on the new charge. He is scheduled to appear in City Court on Aug. 5. The case was investigated by officer Chad Richards.
Nicholas Alexander Verhoef, 18, of Spencer Road, Rochester, is charged with unlawful possession of marijuana and unlawful possession of alcohol by a person under age 21. Sheriff's deputies made the arrest after he was stopped for alleged violations of vehicle and traffic law. Verhauf was also alleged to have been drinking alcohol inside his vehicle when he was stopped. The case was investigated by Sheriff's deputy Joseph Corona.
Joseph William McNamara, 19, of Sand Pebble Drive, Rochester, is charged with criminal impersonation, 2nd, and unlawful possession of alcohol by a person under age 21. It is alleged that on Aug. 2 in Pavilion he used the NY ID of another person to unlawfully buy alcohol and to possess it while being under age. Also, McNamara was cited for no front license place and open alcoholic beverage inside a motor vehicle. The case was investigated by Sheriff's deputy Joseph Corona.
Amanda Marie Webb, 25, of Colby Road, Darien, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and failure to stop at stop sign. It is alleged that on July 29 she failed to stop at a stop sign and a traffic stop was made, whereupon a Sheriff's deputy allegedly found her in possession of marijuana and a suspended driver's license. The case was investigated by deputy Joseph Corona.
Thomas J. Mitchell, 25, of West Center Street, Medina, is charged with petit larceny and criminal mischief, 4th. He was arrested in Erie County by Batavia PD on warrants issued by City Court. He was jailed in lieu of $250 bail. He is set to appear back in court Aug. 7. The case was investigated by officer Jason Davis.
Scott Alexander Lawrence, 23, of Griswold Road, Darien, is charged with unlawful possession of marijuana. Lawrence was a passenger in a vehicle on July 29 when the vehicle was stopped by Sheriff's deputies for vehicle and traffic violations and at that time he allegedly possessed marijuana. The case was investigated by Joseph Corona.
The attorney for DaShawn Butler -- the Batavia resident accused of firing gunshots at a person on State Street last September -- has filed a motion to have the charges against Butler dismissed because, he said, his client's rights have been violated.
Attorney Thomas Burns argued in court this morning that information about two witnesses wasn't available to him before a grand jury hearing on the case, and that the lack of information under those circumstances is so egregious that the case should be dimissed "in the interest of justice."
District Attorney Lawrence Friedman countered that the information was available in the City Court case file and that even if the witness had been made available to testify, their testimony would not have helped Butler's defense.
Burns also requested a hearing on the timeliness of Butler's arrest in December. Burns contends that the police had ample opportunity to locate and arrest Butler after he was named as a suspect in the shooting because Butler never left town.
The lack of due diligence, Burns told Judge Robert C. Noonan, means there was a violation of his client's right to a speedy trial.
Noonan scheduled the hearing for 3 p.m., Aug. 27. He is reserving his decision on dismissal motions by Burns.
According to Burns, there are three witnesses he didn't know about before the grand jury presentation. Two, he said, initially said the shooter the night of Sept. 27 was white and a third said the alleged victim was the shooter.
Burns said there was only an incomplete report in the City Court file prior to the hearing, which is why didn't know about these witnesses.
He questioned why the police waited weeks to interview the witnesses.
Friedman called the initial statements attributed to the witnesses "double hearsay." He said the investigators were simply doing what good cops do, an investigation when they went out to find the witnesses and try to find out what they actually saw.
Once they were actually interviewed -- rather than the police just getting information from intermediaries -- they described the shooter as black and the other did not name the victim as the shooter.
He said the information was in the City Court file prior to the grand jury hearing.
In June, Butler entered a not guilty plea to counts of criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.
He is out of jail on $25,000 bail.
Press release:
On July 31st the City of Batavia Police Department joined by the Genesee County Drug Task Force (The Genesee Drug Task Force is comprised of personnel from Batavia PD, Le Roy PD and the Genesee County Sheriff’s Office.), Genesee County Sheriff’s Office and Genesee County Probation participated in the second neighborhood enforcement detail this summer. The purpose of these details was to systematically approach known problem areas within the City and target criminal activity.
In total 12 law enforcement personnel from four different agencies were partnered in focused enforcement details in seven separate locations. NET patrols included State Street, Bank Street, Tracy Avenue, Dellinger Avenue, Holland Avenue, and the Ellicott Street Corridor. The following are results of this year’s second detail:
45 data runs
24 vehicle/traffic stops
14 Traffic tickets issued
4 Vehicles Searched
3 Penal Law Arrests
12 probation checks
3 probation violations
Batavia Police Chief Shawn Heubusch said “The City Police will continue to make a concentrated effort in those areas that need the most enforcement. We are lucky to have the assistance of the other agencies in providing the support to these very productive details. Many major crimes have been solved by starting small; officers know that the simple traffic stop or street encounter has the possibility to turn into a major arrest. These details have a proven track record of producing tangible results and therefore we look forward to implementing them as the year progresses.”
Genesee County Chief Deputy of Investigations Jerome Brewster added “The NET details provide local law enforcement with the resources necessary to address 'quality of life' issues for our citizens. Through the shared efforts of the Batavia Police, Sheriff's Office, Probation and Parole, we can have an immediate impact on drug dealing, drug-related activity, probation and parole violations, as well as related unlawful behaviors in areas previously noted for this type of behavior. Input from our citizens is critical so that our resources can be directed to areas where the enjoyment of property and neighborhoods have been compromised by the actions of others.”
Neighborhood Enforcement Team (NET) details were outlined in the City’s Strategic Plan as part of the City’s Neighborhood Revitalization efforts. They include dedicated patrols for targeted enforcement with the goal of intercepting and interrupting the flow of illegal drugs, weapons and other contraband as well as locating and arresting wanted persons. All agencies involved expect to continue joint law enforcement efforts in the future. These details are not advertised prior to taking place and locations are selected based on criminal data, the presence of nuisance and illegal behavior and ongoing investigations.
If you see criminal activity or know about a crime that has occurred please contact the Batavia Police Department at (585) 345-6350 or the confidential tip line at (585) 345-6370.
Statement:
A joint statement issued by the Presidents of the Le Roy Fire Department, Inc., and the Le Roy Fireman's Benevolent Association
"We are both shocked and saddened by the news of the alleged larceny by the Treasurer of the Department and the Association. Both the Department and the Association have been cooperating with the authorities including the Office of the New York State Comptroller and the Le Roy Police Department during this investigation. Our respective organizations would like to apologize to the residents of our fire community, and the Town and Village of Le Roy for any mistrust in our organizations these allegations may have caused. The Le Roy Firemen’s Benevolent Association and the Le Roy Fire Department, Inc., have already taken steps in our financial policies to keep this type of activity from happening in the future. Both our organizations are committed to providing the best emergency service to our community, and will strive to work hard to restore any loss of faith in our organizations.”
The Presidents want to remind the public that the Fire Department and the Association do not receive any real property tax money. The Association receives their money from the State Insurance Department’s 2-percent fund, while the Department’s budget is derived from fund-raising and donations.
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