crime

Thomas Allen Culver Jr., 39, of Wood Street, Batavia, is charged with petit larceny. Culver is accused of stealing and selling scrap metal from a location on Alexander Road, Batavia.

Anthony M. Quinn, 28, of 67th Street, Niagara Falls, is charged with unlawful possession of marijuana and muffler exhaust system violation. Quinn's vehicle was stopped for alleged traffic violations at 6:29 p.m. Wednesday on Route 77, Pembroke, by Deputy Andrew Mullen.

Alisa M. Schenk, 47, of Rochester, is charged with petit larceny. Schenk is accused of a theft at a location on the Tonawanda Indian Reservation at 10:42 a.m. Dec. 29. Schenk was arrested by State Police. No further details released.

Justin J. Bily, 21, of Cheektowaga, is charged with unlawful possession of marijuana. Bily was stopped by State Police at 5:34 a.m. Tuesday on the I-490 in Bergen.

Keith M. Hennard, 34, of Fillmore, is charged with driving while impaired by drugs, unsafe tires, moving from lane unsafely, and speeding. Hennard was charged by State Police following a motor vehicle accident at 5:26 p.m. Tuesday on Route 77, Pembroke. There were no injuries reported in the accident.

A State Trooper has been arrested and charged with offering a false instrument for filing and falsely reporting an incident after allegedly claiming she was menaced by a person with a weapon while in Batavia.

Investigators say Brianna J. Smith, 25, was off duty at the time of the incident.

The location in Batavia of the report was not released nor were other details of the incident.

The State Police Bureau of Criminal Investigation conducted the investigation. In a release, State Police say that investigators determined a weapon was never displayed nor used in the incident.

She was arrested and processed at the Batavia Barracks. Smith was attached to Troop T in Syracuse.

She was issued an appearance ticket in Town of Batavia Court for a date this month.

Pierre Mahon Humphrey, 27, of Michigan Street, Batavia, is charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Humphrey was allegedly found in possession of marijuana and narcotics during a traffic stop on Park Road, Batavia, by Deputy Travis DeMuth at 4 p.m. Tuesday. Humphrey was jailed on $25,000 bail or $50,000 bond.

Lucas T. Shafer, 20, of State Route 96A, Romulus, is charged with unlawful possession of marijuana. Shafer was charged after Officer Arick Perkins located a vehicle parked behind the Harvester Center and stopped to investigate at 12:45 a.m., Tuesday. Also charged, Aaron C. Cuyler, 19, of Batavia Stafford Townline Road, Batavia.

Sath Paul Dhanda, 37, of Clapsaddle Road, Bethany, is charged with criminal contempt, 2nd. Dhanda was arrested following a complaint of a person banging on the back door of a residence on Ellicott Street, Batavia, at 3:08 p.m. Monday. There was an order of protection in place that Dhanda allegedly violated. Dhanda was jailed on an unspecified amount of bail.

Alexander J. Schultz, 18, of Ross Street, Batavia, is charged with obstructing governmental administration and disorderly conduct. Schultz and a 17-year-old, who was also charged, were allegedly involved in a fight on Ross Street, Batavia, at 4:34 p.m. Jan. 11.

Ryan N. Bartholomew, 23, of Adams Street, Batavia, is charged with making terrorist threats and aggravated harassment, 2nd. Bartholomew allegedly made threats against police officers on social media. He was jailed without bail.

Desiree M. Sumeriski, 34, of South Main Street, Batavia, is charged with endangering the welfare of a child. Sumeriski allegedly failed to seek medical care for a child after observing injuries sustained by the child.

Camon T. Wyatt, of Pardee Street, Rochester, was arrested on a warrant for alleged failure to appear as ordered in court. Wyatt was released on bail.

David L Andrews, 30, of Lewis Place, Batavia, is charged with criminal impersonation and conspiracy 6th. Andrews is accused of conspiring with another person not to pay a bill at a local person by pretending to be another person.

Preston Randall Herbst, 21, of Hamlin Drive, Canandaigua, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Herbst was stopped at 2:51 a.m. today on Telephone Road, Pavilion, by Deputy Mathew Clor.

Joseph Thomas Misiak Jr., 62, of Pratt Road, Batavia, is charged with making terrorist threats. Misiak allegedly called a supervisor at the Sheriff's Office and threatened to damage the property of the subject as well as physical harm the subject. Misiak was arraigned and released under supervision of Genesee Justice.

Anna Marie Howard, 32, of Ivison Road, Byron, is charged with driving while ability impaired by drugs, aggravated unlicensed operation, 2nd, and registration display violation. Deputy Ryan DeLong and Deputy Andrew Mullen responded to a complaint of a person driving erratically in the parking lot of the 7-Eleven in Bergen at 4:05 p.m. Sunday. 

Jordan R. Mock, 23, of Pavilion, is charged with a false written statement and falsely reporting an incident. Jordan J. Schilling, 30, of Silver Springs, is charged with criminal mischief, 3rd, false written statement, and falsely reporting an incident. Mock and Schilling were arrested in relation to a burglary investigation by State Police reported at 4:10 p.m. Saturday on Perry Road, Pavilion. Schilling was also charged in Wyoming County with false written statement in relation to a fraud investigation. No further details were released.

Timothy A. Frenchy, 24, of Bronx, is charged with unlawful possession of marijuana. Frenchy was charged while at College Village at 9:03 p.m. Monday by State Police.

Press release:

The Batavia Police Department is asking citizens and business owners with surveillance cameras to partner with us in the fight against crime!

The Batavia SafeCam Registration Program allows citizens / businesses to register their camera systems with the police department to aid in crime prevention strategies and investigations which may occur in the proximity of their camera systems.

The registration process is very easy and free.

Simply go to http://www.batavianewyork.com/police-department/webforms/batavia-safecam-program and fill out the form. Registration forms can also be picked up at Batavia Police Headquarters located at 10 W. Main St., Batavia.

Surveillance cameras have been an integral part of fighting crime in Batavia. Privately owned camera footage has helped solve a variety of serious offenses in Batavia over the years, including various burglaries, a fatal hit-and-run accident, and even a homicide.

Working together, we can keep Batavia a safe place to live and work.

Please note that the police department will not have the ability to freely or remotely access your cameras, claim ownership, or dictate the camera systems functions. This is simply a database that will allow the Batavia Police Department to see who might have captured footage related to a particular crime.

Thank you for signing up and joining us in the fight to keep our city safe!

There will apparently be no contempt charge against Marlek Holmes after the convicted sexual predator used profanity and hurled insults at the District Attorney today in County Court.

Judge Charles Zambito apparently did not hear the most profane statement by Holmes, when he told District Attorney Lawrence Friedman he could go eff himself while the DA was using a copy machine near the defense table.

Defense Attorney Fred Rarick put his hand on his client's shoulder and advised him to be careful about what he said in court. 

Zambito did hear Holmes say, “I don’t understand anything that stupid ass says," after Zambito asked if he understood the plea offer presented by the district attorney.

Zambito pressed on without acknowledging the remark and clarified that Holmes was declining a plea offer that would have capped his potential prison sentence on his latest conviction and avoid a trial on a charge of failure to register a new address as a registered sex offender.

In May, Holmes, already a convicted sex offender, entered a guilty plea to guilty to a Class C violent felony, attempted criminal sexual act in the first degree. Later that month, he was sentenced to 15 years in prison while proclaiming his innocence. 

In October, Holmes was convicted following a jury trial on two counts of assault in the second degree and criminal mischief for assaulting a fellow inmate at the Genesee County Jail. 

On that conviction, he could be sentenced up to seven years each, for a total of 14 years, on top of the 15 years he's currently serving.

The plea offer from Friedman would have capped the sentence at five years, consecutive to his current 15 years, for a total of 25 years in prison, and satisfied the pending charges against Holmes related to his alleged failure to register a change of address as a sex offender (the oldest of the group of charges that has tied him up in County Court for more than a year).

As part of the deal, Holmes would be required to drop his current appeal on his sexual abuse conviction and not pursue appeals on his other cases.

The deal would have saved the people the expense of another trial.

Holmes refused the deal.

Earlier this month, Holmes sought to have his new trial delayed because he's being shuttled between prisons and doesn't have all of his paperwork and access to the prison law library. Friedman argued against a delay and Zambito agreed a delay was not necessary.

Jury selection is scheduled to begin Monday with a hearing before the actual trial begins on Tuesday on whether Holmes qualifies as a persistent violent felony offender, which could mean an enhancement on his sentence on the jail assault conviction.

After court, Friedman said he wasn't sure what Zambito might have heard Holmes say, and he wasn't sure what was captured on the record.

"I decided at that point not to bother saying anything," Friedman said.

Alex Feig, from our news partner WBTA, contributed reporting to this story.

Police are responding to a residence on Ellicott Street, Batavia, for a report of someone trying to break down the back door.

A man is unconcious in the parking lot of Sacred Heart Church after being struck in the face during an altercation. The assailant left the scene. City police and Mercy medics are en route. The church is on Sumner Street.

UPDATE 3:03 p.m.: Police and medics are on scene. An officer reports to dispatchers that somebody picked up the unconsious man and took him away in a vehicle. "No discription of where he went; I'll be checking the area."

Raymond EJ Smith Jr., 43, of Lockport Road, Oakfield, is charged with operating a snowmobile while impaired by alcohol, operating a snowmobile on a street or highway, operating a snowmobile without liability insurance, operating an unregistered snowmobile, and refusal to take a breath test. Smith and his snowmobile were found by a passerby overturned in a ditch at 10:19 p.m. Saturday on Lockport Road, Oakfield. He was not injured. The accident was investigated by Deputy Jeremy McClellan. (Initial Report)

Katherine Marie Wilkinson, 21, of Buffalo Street Road, Alexander, is charged with falsely reporting an incident. Wilkinson is accused of falsely reporting that a person hit her in the face. When deputies arrived to investigate the complaint, Wilkinson allegedly told the deputies the incident did not happen.

Jeffrey D. Freeman, 37, of South Spruce Street, Batavia, is charged with harassment, 2nd. Freeman allegedly threw a plate at another person while at Denny's on West Main Street, Batavia.

Winston Ashton Lockhart Sr., 22, of Holland Avenue, Batavia, is charged with harassment, 2nd, and acting in a manner injurious to a child. Lockhart was charged following a report of a domestic incident on Holland Avenue at 11:55 a.m. Jan. 7.

Douglas A. Curry, 66, of Grand Avenue, Rochester, is charged with criminal contempt, 2nd. Curry was arrested on a warrant for allegedly violating an order of protection.

Franciso Martinez, 44, of Bridgeman Street, Buffalo, is charged with unlawful possession of marijuana, harassment, 2nd, endangering the welfare of a child, and robbery, 3rd. Martinez was allegedly in a fight with another person at a residence on Bank Street at 8:36 p.m. Thursday. During the domestic incident, he allegedly stole an item from the victim. He was jailed without bail.

Matthew J. Vickers, 38, of Court Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater, speed not reasonable and prudent, and failure to keep right. Vickers was reportedly involved in a motor-vehicle accident at 8:28 p.m Jan. 6 on West Main Street, Batavia.

Information provided by the Polk County Sheriff's Office in Florida:

A man who was shot -- twice in the head, once in the arm, and once in the shoulder -- at the home of a former Alexander resident who was murdered Jan. 3 in Florida died today.

Kenneth Maier, of 7462 Berkley Road, Polk City, Fla., succumbed to injuries around 1 p.m. (Jan. 12).

William Reiss, 68, formerly of Alexander, died at the scene after a man he had sold guns to previously, came to his home, was allowed in, and allegedly shot the two men before stealing guns and a pickup truck with the aid of two accomplices.

"We are heartbroken to hear that Kenneth passed away today. We are sending our thoughts and prayers to Kenneth's family and friends. This act of vicious murder should have never happened," said Polk County Sheriff Grady Judd.

"The three suspects from Mobile, Ala., will be pending additional murder charges in relation to Kenneth Maier's death. We will send another update when additional charges are placed. We appreciate the assistance of the Mobile Police Department in this investigation."

Some of the firearms were recovered, along with the victim’s stolen truck, which was torched. All three suspects will be extradited back to Polk County to face first-degree murder and other charges.

On Jan. 6, three suspects were arrested in the case: 22-year-old Kenley Campbell, 22-year-old Darril Lamar Rankin Jr., and 18-year-old Gerjuan Demarcus Jackson all of Mobile.

Thus far, they have all been charged with:

• First-degree murder (FC)
• Attempted first-degree murder (F1)
• Armed burglary with assault/battery (F1)
• 13 counts of grand theft of a firearm (F3)
• Robbery with a firearm/deadly weapon (FL)
• Conveyance burglary (F3)
• Grand theft of a motor vehicle (F3)

For previous coverage click here and here.

Press release from the Batavia Police Department:

The Batavia Police Department is investigating a car/pedestrian accident which occurred on West Main Street today.

The accident happened at approximately 2:10 p.m. on the area of Settler's.

The pedestrian was walking eastbound on the sidewalk on the north side of West Main Street. While crossing the street, a black Honda sedan struck the pedestrian and continued westbound on West Main Street.

The driver was described as a white female with curly hair.

The pedestrian is currently being treated at UMMC.

Anyone with information in reference to this case is asked to contact Officer Prusak or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online here.

UPDATE 5:14 p.m.: A caller reports seeing a vehicle that matches the description with front-end damage driving on Willow Street. No information on when the car was seen.

(Initial report)

Eddie "Pops" Miles Jr., is also charged with criminal contempt and aggravated criminal contempt.

The incident began Sunday morning just before 9 a.m. when police were dispatched to a report of a domestic at 207 Washington Ave., Batavia. 

When patrols arrived, Miles allegedly threatened to shoot police. That caused police to establish a perimeter, evacuate neighboring homes, and initiate a reverse 9-1-1 call to other residents with a shelter in place notice.

Then Miles allegedly started a fire inside the apartment where he was staying with his girlfriend.

His girlfriend managed to climb out on the roof of the front porch and escape with the assistance of police officers.

While the apartment burned, city firefighters could only shelter behind their trucks.

Eventually, Miles surrendered and climbed down a ladder at the back of the building.

There was also a warrant out for his arrest. He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

He also still has charges pending from 2017. 

Miles was arrested in August for allegedly putting his arm around the neck of another person and injecting a dog with an unknown purple liquid.

In July, he allegedly took a car belonging to another person without permission.

He is being held in the Genesee County Jail without bail.

Press release:

Christina Hietala-Johnson, age 35, of Rochester, was sentenced to five years’ probation in Genesee County Court on Thursday (Jan. 11) as a result of her guilty plea last October to a felony count of offering a false instrument for filing in the first degree.

In addition, Hietala-Johnson was also ordered to pay $2,245 in restitution to the Genesee County Department of Social Services, will be disqualified from receiving Food Stamp benefits and Temporary Assistance benefits, and must perform 500 hours of community service.

Hietala-Johnson had been charged in June 2017 with two counts of offering a false instrument for filing in the first degree and one count of grand larceny in the fourth degree. Those charges were filed when a social services investigation revealed she had submitted various recertification forms to the Department of Social Services and failed to report that she was married.

Anyone wishing to report suspected cases of Welfare Fraud in Genesee County can contact the Genesee County Department of Social Services Fraud Investigation Unit at (585)344-2580, ext. 6417 or 6416. All calls are confidential.

Brian Thomas Resch, 30, of Buffalo Road, Bergen, is charged with promoting prison contraband. Resch is accused of possessing Suboxone while confined in the Genesee County Jail.

Stephen Everett Pike, 21, of Big Tree Road, Pavilion, is charged with harassment, 2nd. Pike is accused of grabbing another person by the arm and pushing that person during an argument, reported at 6:28 p.m. Wednesday at an address on Big Tree Road, Pavilion.

Jeffery S. Zymowski, 54, of Sandridge Road, Alden, is charged with DWI, driving with a BAC of .08 or greater, no seat belt, and driver's view obstructed. Zymowski was stopped at 4:35 p.m. Tuesday on Broadway Road, Darien, by Deputy Kyle Krzemien.

Gregory S. Mitchell, 19, of Clarence Center, was arrested on an arrest warrant and charged with unlawful possession of marijuana. Mitchell was arrested in Pembroke by State Police. No further details released.

Michael E. Welles, 20, of Holley, is charged with unlawful possession of marijuana. Welles was stopped by State Police at Bloomington Road and State Route 77, Alabama.

William D. Annis, 36, of Batavia, is charged with conspiracy, 6th, and petit larceny, and Jeanine D. Mercado, 31, of Batavia, is charged with conspiracy, 6th, possession of burglary instruments, and petit larceny. Annis and Mercado were arrested by State Police in relation to an incident reported at 10:27 a.m. Wednesday at Kohl's Department Store.

Press release:

Polk County Sheriff's Office homicide detectives have arrested 22-year-old Kenley Campbell and 22-year-old Darril Lamar Rankin Jr. on Saturday, Jan. 6, and 18-year-old Gerjuan Demarcus Jackson all of Mobile, Ala., on Tuesday, Jan. 9. They have all been charged with:

•  First-degree murder (FC)
• Attempted first-degree murder (F1)
• Armed burglary with assault/battery (F1)
• 13 counts of grand theft of a firearm (F3)
• Robbery with a firearm/deadly weapon (FL)
• Conveyance burglary (F3)
• Grand theft of a motor vehicle (F3)

The Polk County Sheriff's Office alleges that: on Jan. 3, Campbell, Rankin, and Jackson drove from Mobile to William Reiss’ residence in Polk City, Fla.; Jackson fired shots at William Reiss multiple times (who was found deceased in the home) and his roommate, Kenneth Maier, who is fighting for his life. Maier is still in critical/stable condition at a local hospital.

According to the investigation and admissions made by the suspects:

Jackson met William Reiss while conducting a hurricane damage estimate in 2017, and he purchased two handguns from Reiss. Detectives located an official FEMA contractor identification for Jackson during the investigation. Upon returning to Alabama, Jackson was arrested for possession of cannabis and carrying a firearm without a permit.

Campbell drove his vehicle, a Chevrolet Sonic, with Gerjuan Jackson and Darril Rankin to Florida and arrived at 7462 Berkley Road in Polk City at between 1:30 – 1:40 p.m. on Wednesday, Jan. 3^rd. Jackson went inside the home while they (Campbell and Rankin) stayed inside the Chevrolet Sonic.

Jackson admitted he fired several gunshots at Reiss and at Maier.

Jackson exited the residence, at which point Campbell and Rankin assisted with loading the victim’s firearm collection and flat-screen television into Campbell's trunk and the victim’s Dodge pickup truck.

When they arrived in Alabama, Jackson took the victim’s truck to a wooded area and set the pickup truck on fire.

During the investigation, detectives found six firearms, an extensive amount of ammunition, electronic devices, and clothing believed to be worn by the suspects during the incident in Campbell and Rankin’s home. Three of these firearms are from the victim’s stolen collection. Detectives also found a box of latex gloves and apparent trace amounts of blood in the Chevrolet Sonic.

Jackson said the stolen property firearms and television had been sold on “the streets,” except for the three firearms that were recovered from Campbell and Rankin’s home. Jackson estimated that a total of 20 to 25 firearms were stolen from the victim’s residence.

“Three killers traveled to Polk City all the way from Mobile, Alabama to steal firearms. William Reiss was shot and murdered, and Kenneth Maier was shot and left for dead. Maier is currently in the hospital fighting for his life. I can’t begin to say how disgusted we are at the depravity displayed by these men.” -- Grady Judd, Polk County Sheriff 

All suspects were booked into the Mobile County Metro Jail without incident and will be extradited to Polk County at a later date. The investigation is ongoing and further charges may be filed.

All suspects have previous criminal histories.

Le Roy PD is investigating the theft of copper gutters from a residence in the Village sometime overnight this past Saturday into Sunday.

During that night an unknown person stole the copper gutters, which were stored in the backyard of the residences on West Main Street, which was having the roof replaced.  

The gutters were greened with age.

Anyone having information as to who committed this crime or who recently came in contact with copper gutters aged green is asked to call the Le Roy Police Department at 585-345-6350.

From our news partner WBTA:

William Reiss, 68, was shot to death at his home in Polk City, Fla., last Wednesday during a home-invasion robbery.

The Polk County Sheriff said he believed Reiss could have been targeted for his large gun collection.

The culprits apparently made off with more than 30 guns stolen from the crime scene along with Reiss’s pickup truck and they are currently still at large.

Reiss was an Alexander native with many family members still in the area and a former correction officer at Attica Correctional Facility.

Yesterday morning the 46-year-old Miles was arrested following a domestic incident at 207 Washington Ave., Batavia, where he allegedly tried to barricade himself in an apartment with a couch and then set it on fire.

After a standoff, because Miles had allegedly threatened to shoot police officers, Miles exited the burning apartment through a back window and refused to come down from a roof, before agreeing to climb down a ladder.

The District Attorney's Office is reviewing the case and has yet to recommend charges against Miles.

Meanwhile, the Sheriff's Office announced that Miles is being charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Cases against Miles are still open from 2017 when he was charged with criminal obstruction of breathing, torturing or injuring animals, unauthorized use of a vehicle, and criminal contempt.

Miles was arrested in August for allegedly putting his arm around the neck of another person and injecting a dog with an unknown purple liquid.

In July, he allegedly took a car belonging to another person without permission.

Following arraignment on the drug charges, Miles was returned to the Genesee County Jail without bail.

Dalton Chadwick Kelley, 20, of Chase Park, Batavia, is charged with attempted assault, 3rd, and harassment, 2nd. Kelley is accused of hitting another person in the forehead and of hitting a police officer during an incident at 11:03 p.m. Jan. 3 on Chase Park, Batavia. Kelley was jailed on $2,500 bail. Kelley is also accused of keying two vehicles at 6:25 p.m. the same day and was charged with two counts of criminal mischief, 4th.

Austin L. Wester, 23, of Pratt Road, Batavia, is charged with four counts of possession of a forged instrument, 2nd. Wester is accused of forging four checks belonging to another person in order to cash them.

Devon Devonanir Rodgers, 30, of Pearl Street, Batavia, was arrested on a warrant out of City Court for alleged violations of the terms of his conditional release.

Alicia Michelle Gomez, 42, of South Main Street, Batavia, is charged with violation of probation. Gomez was released on a warrant stemming from a complaint in February. Gomez was jailed on $2,500 or $5,000 bond.

Frankie J. McQueen, 26, of Snipery Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, illegal signal, and aggravated unlicensed operation, 3rd. Officer Chad Richards was dispatched at 6:51 p.m. Dec. 27 to the area of Thomas Avenue for a report of a red Chevrolet Cobalt being driven erratically and at a high rate of speed. The vehicle was located and stopped at McQueen was identified as the operator.

Samuel A. Torrelli, 24, of Stage Road, Albion, is charged with unlawful possession of marijuana and inadequate headlights. Torrelli was stopped at 10:30 p.m. Dec. 28 on East Main Street, Batavia, by Officer Mitchell Cowen.

Winston A. Lockhart, 22, of Holland Avenue, Batavia, is charged with two counts of harassment, 2nd. Lockhart was arrested on a City Court warrant after police were dispatched to 29 Holland Ave., Batavia, to investigate an unrelated disturbance. 

Zachary J. Marrow, 26, of Seven Springs Road, Batavia, was arrested on two warrants for alleged failure to appear in City Court after being served subpoenas. Marrow was located by Deputy Mathew Clor and turned over to Sgt. Eric Bolles and arraigned in City Court.

Levi Spikes Jr., 44, of Lewis Place, Batavia, is charged with unauthorized use of a motor vehicle, 3rd, speed not reasonable and prudent, leaving the scene of a property damage accident, unlicensed operator, driving without insurance. Spikes was allegedly involved in a motor-vehicle accident at 9 a.m. Jan. 1 at 56 Harvester Ave., Batavia.

 Jacob J. Sponaugle, 18, of Liberty Street, Batavia, is charged with driving while impaired by a combination of alcohol and drugs, aggravated unlicensed operation, 3rd, driving a vehicle without an inspection sticker, failure to keep right, and unlawful possession of marijuana. Sponaugle was stopped at 9:46 p.m. Dec. 29 on East Main Street, Batavia, by Officer James Prusak.

Joseph Michael. Smith, 41, of State Street, Batavia, is charged with petit larceny. Smith is accused of stealing from his employer, a gas station and convenience store at 629 East Main Street, Batavia, in November. Smith was also charged with petit larceny for allegedly shoplifting from Dick's Sporting Goods.

Justin T. Gladney, 28, no permanent address, is charged with unlawful possession of marijuana and criminal trespassing, 3rd.

James Derek Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 2nd, and harassment, 2nd. Wert was allegedly involved in an incident at T.F. Brown's on New Year's Eve where he violated an order of protection and struck another person in the face. 

Jonathan R. Hyman, 45, of Drake Street, Oakfield, is charged with unlawful possession of marijuana, driving a vehicle without an inspection sticker, and criminal possession of a weapon, 3rd. Hyman was stopped at 4:08 p.m. Saturday on Main Street Road, Batavia, by Deputy Kyle Krzemien.

Christopher Patino, 23, of Eagan Boulevard, Henrietta, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, and following too closely. Patino was stopped at 7:11 p.m. Friday on Route 77, Pembroke, by Deputy Micheal Lute.

Kenneth Joseph Rumble, 28, of Maple Road, Alabama, is charged with possession of a hypodermic instrument. Rumble was allegedly found in possession of a needle during a search by a probation officer.

Michael A. Shetler, 27, of Stafford, is charged with menacing, 2nd, unlawful imprisonment, criminal mischief, criminal mischief, 4th, acting in a manner injurious to a child. Shetler was arrested by State Police in relation to an incident reported at 9:29 p.m. Saturday in Stafford. No further details released.

Ricky O. Cooper, 40, of Le Roy, is charged with harassment, 2nd. Cooper was arrested by State Police in relation to an incident in Pavilion reported at 11:20 p.m., Nov. 21. No further details released.

James M. Caccamise, 29, of Byron, is charged with forgery of a deed or will. Caccamise was arrested by State Police. No further details released.

A Washington Avenue resident with a criminal history and wanted on a warrant was taken into custody this morning after police were called to a domestic incident where he allegedly threatened to shoot police and later set fire to his own apartment.

Eddie Miles eventually came down a ladder from the back of the apartment on his own, which allowed firefighters to begin attacking the fire in the second floor and attic of 207 Washington Ave., Batavia.

He was taken to the hospital for evaluation of injuries sustained in the domestic incident and the subsequent blaze.

Batavia Police Officer Marc Lawrence said the dispatch center received a call about a domestic incident at the upper apartment at 8:55 this morning. Two officers quickly responded and Miles allegedly smashed a window and threatened to use a firearm against them.

At that point, a perimeter was established in the neighborhood with the aid of the Sheriff's Office and State Troopers. There was a reverse 9-1-1 call placed to neighbors near the scene, telling them to lockdown, shelter in place. 

Police grabbed a ladder from neighbors at the scene, though the woman jump from the stoop roof into the arms of police officers. She was taken to the hospital for the evaluation of injuries sustained in the domestic incident, Lawrence said.

A fire, believed to have been intentionally set by Miles, broke out in the rear of the upper apartment. Miles refused to leave and kept calling 9-1-1, demanding to speak with the female, who had by then been transported to the hospital.

As smoke poured from the house, police were concerned for the safety of firefighters with a potentially armed suspect still at large. The firefighters could not approach the house. An unarmed Miles came out on the roof. Between the very cold weather and the house fire, Lawrence said the bare-footed Miles had some incentive to climb down the ladder unaided. 

He was taken into custody.

Fire scene commander Lt. Greg Ireland said it goes against a firefighter's nature to sit back and watch a house burn but until the suspect was in custody that was all city crews could do. They were initially called to the scene to assist with rescuing the woman from the house, which was not yet on fire when they were called. Once they were cleared to attack the fire, firefighters made quick work of it and contained the fire to the second floor and attack.

Lawrence said police are not certain Miles actually had a firearm; none was found.

At about 1 p.m., City Fire cleared the scene, but police and code enforcement remain on Washington Avenue and the duty sergeant has informed dispatch, this incident will tie up the officers who responded for much of the rest of the day. Additional patrols are on duty.

In addition to other arrests over the past few years, Miles was a suspect in a choking incident and the injection of a purple liquid into a dog in August.

UPDATE 7 p.m.: In response to rumors being spread on social media, we asked if the police used tear gas. Chief Shawn Heubusch said there was no tear gas used. Further, police believe evidence points to Miles starting the fire, not the police.

Photos by Howard Owens. Howard Owens contributed to the reporting of this story.

Video submitted by Jim Horncastle.

UPDATE: Photo submitted by Jim Horncastle.

Press release:

The Batavia Police Department has received multiple complaints of a robo-call scam from Apple saying your iCloud account has been corrupted. Apple has been contacted and confirmed they do not make robo- calls to notify customers of corrupted accounts.

The Batavia Police Department would just like to remind the citizens not to provide any personal or bank information over the phone.

If you feel you have been part of this scam or a similar scam, you are encouraged to contact the Batavia Police Department and file a complaint with the FBI’s Internet Crime Complaint Center (IC3). www.ic3.gov