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October 15, 2016 - 3:09pm
posted by Billie Owens in crime, elba, news.

A caller to dispatch reports three girls about 8 years old are walking westbound on West Avenue in Elba and they are allegedly taking other people's mail and carrying it with them.

UPDATE 3:12 p.m.: The caller "is concerned that they are going to be injured," perhaps due to their proximity to oncoming traffic.

UPDATED 5:25 p.m., Oct. 16: Here's the email we received from a parent; we withheld the name.

Please post an update on news of the trio of Elba girls stealing mail.  

I'm one of the fathers of the three girls that were delivering the mail in Elba on Saturday. I just wanted to leave a note saying that my daughter and I went door to door and apologized for the action. I realize the person who called it in to the sheriff thought they were stealing the mail but they were delivering it to the front door of each home trying to be helpful. I have discussed it with my daughter and she knows the consequences of her actions.
October 15, 2016 - 2:40pm
posted by Billie Owens in crime, news, batavia, pembroke.

Matthew D. Derrick, 31, of Bank Street, Batavia, is charged with: third-degree criminal possession of a weapon; first-degree menacing; endangering the welfare of a child; and second-degree harassment. On Oct. 8 at 10:30 a.m., Batavia Police responded to 335 Bank St. for the report of a male with a knife threatening to harm other people. Upon arrival, Derrick was taken into custody. Further investigation revealed that Derrick allegedly possessed a corkscrew and threatened a 14-year-old male with the corkscrew. He was arraigned in Batavia City Court and jailed without bail. He was due back in court on Oct. 11. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Christopher Lindsay.

Demetri C. Stewart, 23, of Lewis Place, Batavia, is charged with intimidating a witness -- instilling fear of physical injury. He was arrested at 11:30 a.m. on Oct. 6 on Lewis Place for allegedly threatening a witness in an open investigation in which he is a suspect. He was jailed without bail. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer James DeFreze.

Samantha Hicks-O'Connell, of Ellsworth Avenue, Batavia, is charged with allowing her dog to bark habitually. She was arrested on Oct. 7, a day after a complaint that she left her dogs outside barking for an extended period of time. She was issued an appearance ticket for Oct. 18 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay.

Amber Marie Shea, 27, of Platten Road, Lyndonville, is charged with first-degree falsifying business records and fourth-degree grand larceny. Shea was arrested on these charges following an investigation in which it is alleged she stole from her employer on Aug. 15 on West Main Street in Batavia. She was issued an appearance ticket and released. She was due back in City Court on Oct. 11. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Nicole Salamone.

Amber Marie Shea, 27, of Platten Road, Lyndonville, is charged with identity theft and petit larceny. Shea turned herself in on an arrest warrant and was directed to appear in City Court Oct. 11. The charges stem from an investigation in which it is alleged that Shea stole a debit card on Aug. 21 and used it on West Main Street in Batavia without authorization. The case was handled by Batavia Police Sgt. Dan Coffey.

James M. Jurek, 44, of North Main Street, Mount Morris, is charged with: aggravated unlicensed operation; DWI -- common law; aggravated DWI with a BAC of .18 percent or more; open container of alcohol in a motor vehicle; and improper signal. Jurek was arrested at 7:13 p.m. on Oct. 5 on West Main Street in Batavia. Jurek was allegedly found to be operating his vehicle while intoxicated and with a suspended driver's license. He was jailed and due back in City Court on Oct. 6. The case was handled by Batavia Police Officer Nicole Salamone, assisted by Mitchell Cowen.

Dean E. Walter, 56, of Ellicott Avenue, Batavia, is charged with second-degree criminal contempt and second-degree burglary. Walter was arrested at 2 p.m. on Oct. 6 following an investigation. He allegedly had contact with a protected party who had an order of protection. Walter had been ordered to have no contact with the individual. He was allegedly located inside the protected party's residence. He was jailed without bail and was due in City Court on Oct. 7. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Jason Davis.

Andre K. Tiejan, 45, of 4070 Dominion Drive, Erie, Pa., is charged with criminal trespass. He was arrested at 11:26 p.m. on Oct. 6 on Dewey Avenue in Batavia after being told to leave the residence of a female acquaintance and allegedly refusing to do so. He was issued an appearance ticket for Oct. 11 in City Court. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Jason Davis. 

Douglas S. Hofer, 53, of Oak Street, Batavia, is charged with unlawful possession of marijuana, and criminal possession of a controlled substance, 7th. Hofer was located inside a residence on Oak Street while partols were on an unrelated matter at 10:25 a.m. on Oct. 8. A marijuana bong was allegedly located on the coffee table in the same room as Hofer. He was taken into custody. A subsequent search of his person led to the alleged discovery of a crack pipe and heroin. He was arrested and processed and put in Genesee County Jail in lieu of $2,000 cash or bond. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Marc Lawrence.

Akeem R. Gibson, 26, of Washburn Street, Lockport, is charged with petit larceny. Gibson was arrested at 2:45 p.m. on Sept. 3 after he allegedly stole the tip jar from the Southside Deli in Batavia on Sept. 3. She was issued an appearance ticket for City Court on Oct. 25. The case was handled by Batavia Police Officer Mitchell Cowen.

Garrett, J. Ditzel, 22, no permanent address, was arrested at 3:39 p.m. on Oct. 6 at 40 Batavia City Centre following a shoplifting investigation at a local business. He was charged with petit larceny and was due in City Court on Oct. 11. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Kevin DeFelice.

Cathy Jean Tarey, 61, of Starr Road, Wyoming, was arrested at 2:15 p.m. on Oct. 12 and charged with petit larceny. She allegedly stole merchandise from Marshall's in the Town of Batavia. She was released with an appearance ticket returnable to Batavia Town Court on Oct. 24. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Kevin John Milbrand, 52, of South Lake Road, Pembroke, is charged with trespass. The defendant was arrested at 12:15 p.m. on Oct. 11 on South Lake Road, Pembroke, for allegedly trespassing on posted property without permission. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Stephen J. Turkasz, 26, of Brookhaven Lane, Batavia, is charged with failure to appear in court after an appearance ticket was issued to answer a charge of criminal mischief. This stems from an incident at noon on Oct. 4 on Edwards Street, Batavia. He was arrested on a warrant out of City Court. He was jailed in lieu of $1,000 cash or bond and was due back in City Court on Oct. 11. The case was handled by Batavia Police Officer Christopher Lindsay.

Sarah L. Marcello, 24, of State Street, Batavia, was arrested on a warrant out of City Court for failure to appear for a traffic summons issued July 7 on State Street, Batavia. She posted bail and was released and is due back in City Court at a later time. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Christopher Lindsay.

October 14, 2016 - 3:06pm
posted by Billie Owens in scam, crime, news.

Press release from the Genesee County Sheriff's Office:

The Genesee County Sheriff's Office is advising citizens to be aware of a scam targeting local area residents and businesses. The scam involves a phone call from a utility company claiming that the customer is overdue on their utility payments and that their service will be shut off within an hour if they do not make an immediate cash payment in person to their representative.

They are using a realistic call-back number and automated message that resembles an actual utility company's message and slogan. Once you contact the representative at the number given, and follow the prompts, the customer service person with whom you speak will demand that you make a cash payment to their representative in person to avoid the shut off.

This is a scam to steal money from you; the legitimate utility companies contacted advised that they will never send a representative to your home to collect overdue payments in person, or ever meet you at a specified location to receive payments from a customer.

Utility companies also indicate that they do not take payments with a "green dot" card or by Western Union. Payments for legitimate service will be made through the utility company website, call centers and by mail.

Please contact your utility company at the number provided on your bill or in the phone book if you have questions regarding the legitimacy of a service employee or communication from the company.

October 13, 2016 - 6:21pm
posted by Billie Owens in crime, batavia, news.

knifeincidentcot132016.jpg

There's a police confrontation on Bank Street Road in the city. A man who appears to be in his 20s is outside yelling at police officers. Multiple units responded to the call and officers have their weapons drawn. A family member on scene said the man is armed with a knife.

The Emergency Response Team is on scene.

The man is yelling: "Go away! Now that I'm armed with a knife, want to do your job?"

UPDATE 6:36 p.m.: The initial call was to a location on Denio Street. The incident is near Dwyer Stadium.

UPDATE: Police are treating this as a mental health incident at this time, and unless new information develops, there will be no charges against the subject of the incident, said Chief Shawn Heubusch. (As such, we're withholding pictures that show the individual involved, unless and until charges are filed (which doesn't sound likely. No name is likely to be released unless there are charges).

The incident started with the subject on the phone with dispatchers (though Heubusch was not sure if the subject called in or somebody else first called emergency dispatchers). The subject said he had a knife and was looking for police officers to harm him, Heubusch said.

Initially, responding officers had only a general idea of where the subject was -- somewhere in the woods around Dwyer Stadium and the Youth Bureau.  

"We’re relying on dispatchers to relay us information and they did a good job of relaying us information about where he was and what his intents were, keeping the members updated constantly," Heubusch said.

Shortly after 6 p.m., the subject emerged from the woods on Bank Street, at the old Batavia Iron and Metal property, where a Batavia police officer was parked.  Backup units from Batavia PD, the Sheriff's Office and State Police arrived on scene immediately, followed quickly by the Emergency Response Team. Within minutes, the State Police helicopter was overhead, as well.

"I can tell you, in an incident like this, you want to get as many people in as possible as quickly as you possibly can because you never know what it can evolve into or how quickly it can evolve," Heubusch said.

The chief also noted the incident was taking place in a residential neighborhood, warranting more concern for public safety.

A big reason to call out the ERT unit is the possibility the situation could become a barricaded suspect incident, Heubusch said.

"The more resources you have, the better you can contain it," Heubusch said. 

The subject retreated to a corner of the building as officers converged, but kept their distance. He backed behind the corner and continued to yell at officers.

Two members of ERT and a Batavia detective with bolt cutters entered the fenced area to the south of the building, giving them access to come up from behind the suspect's position.

A few minutes later, the subject threw his knife toward Bank Street.

Officers then rushed in to take him into custody.

"He made no threats toward us," Heubusch said. "He made no threats toward anybody else in the community that I’m aware of, so the officers, obviously, wanted to make sure that he remained safe and they remained safe. They operated with great restraint and took him into custody without the use of force."

He was transported to an area hospital for a mental health evaluation. The results of the evaluation along with any further information that may develop about the case will have some bearing on whether there are charges, but Heubusch said right now, it looks like a mental health case.

He praised the discipline of the officers for resolving the incident without violence.

"It’s extremely difficult to have an officer have the composure they have to have to ensure nobody gets hurt, including themselves," Heubusch said. "It’s a split-second decision these guys are making when they’re in the field and they’re dealing with people like this. They did a good job."

October 13, 2016 - 12:09pm
posted by Howard B. Owens in crime, batavia, news.

A Batavia man whose attorney said he just responded to a friend's request for help when he sold her drugs is going to prison for three years for criminal sale of a controlled substance. 

James Soccio, 34, was arrested in June after twice selling drugs to a person acting as an agent for the Local Drug Task Force. He pocketed $120 on the deals.

Attorney Fred Rarick, when arguing for a light sentence for his client before Interim Judge Michael Pietruszka said the transaction apparently came about after an addict, a friend of Soccio's who was recruited for undercover work by the task force, came to Soccio and begged him for help.

A former addict himself, Soccio, Rarick said, was trying to do a friend a favor. It was wrong and poor judgment on his part, Rarick said, but Soccio has been known to help friends in other ways when they ask for it. 

Pierruszka said he received several letters of support from members of the community, including Pastor Marty Macdonald, who portrayed Soccio as a stable member of the community. He has a longtime girlfriend and has worked steadily in Genesee County for several years.

As part of the pre-sentence process, Soccio was evaluated for possible substance abuse treatment himself, but counselors determined Soccio is not himself an addict.  

Since Soccio isn't an addict and wasn't charged with possession of a controlled substance, Pietruszka indicated he viewed him as a drug dealer, hence the three-year prison term.

Rarick sought a probationary sentence.

Pietruszka noted that Soccio, sentenced on a felony conviction more than a decade ago, violated probation terms following his release from prison then, which was another factor, he indicated, in his decision.

Tearfully, turning toward the gallery, Soccio apologized to his friends, family members and Pastor Macdonald, for his mistake and for letting them down.

October 13, 2016 - 11:57am
posted by Billie Owens in crime, news, byron, playmates.
muglamagnascott2016.jpg mug_jonlamagna2916.jpg
    Scott Lamanga   Jonathan Lamanga

Two arrests have been made by the Genesee County Sheriff's Office following the investigation into an assault which occurred at 1:42 a.m. on Oct. 9 in the parking lot of Playmates, located on Route 237 in the Town of Byron.

The victim suffered several serious injuries and was listed in critical condition at Strong Memorial Hospital.

Scott M. Lamagna, 25, of Fairport, and Jonathan J. Lamanga, 18, of Webster, were arrested and charged with second-degree assault. The brothers were put in Genesee County Jail in lieu of $25,000 cash bail. Scott was arrested Oct. 12; Jonathan on Oct. 11.

Investigators from the Genesee County Sheriff's Office were assisted by the Monroe County Sheriff's Office and its K-9 after Scott refused to comply with direct orders to exit his residence on Oct. 12 in Fairport. After about three hours, Scott was taken into custody on an arrest warrant without further incident.

October 12, 2016 - 4:27pm
posted by Howard B. Owens in crime, batavia, news.

On the day his trial was to start this week, a 56-year-old Batavia man accused of menacing a police officer instead entered a guilty plea to one of the two counts against him.

Bill Thomas, of State Street, was arrested in March after an early morning standoff with the Emergency Response Team.

He pled guilty today to criminal possession of a weapon, 3rd, a Class D felony, satisfying both counts returned against him by a grand jury. 

There is no condition on sentencing. The maximum possible penalty is two and a third to seven years in prison.

Sentencing is scheduled for 1:30 p.m., Nov. 15.

He is being held in the Genesee County Jail.

October 12, 2016 - 4:00pm
posted by Howard B. Owens in crime, Darien, news.

mug_joelshort.jpgA Canisteo man who was arrested at the Kingdom Bound festival in Darien after an investigation into a complaint that he engaged in oral sex with a teenage boy entered a guilty plea in Genesee County Court today to a single count of criminal sex act in the third degree.

The maximum possible penalty for the Class E felony is four years in prison, but Joel Bert Shorts, 55, reached a plea deal with the District Attorney's Office that will likely mean 10 years probation. He will also become a registered sex offender in the State of New York.

Shorts reportedly attended Kingdom Bound at Darien Lake Theme Park as part of a religious group as a chaperone.

No details about the victim have been released, but in court today, while discussing a stay away order of protection, Shorts' attorney warned him that even if the victim makes contact with him, he is not to respond to any message.

Shorts, dressed in a white polo shirt and gray slacks, was reminded a few times to speak up while the judge asked him a series of questions about his plea, and while the judge asked the questions designed to ensure he was mentally alert and aware enough to enter a plea, Shorts started to choke up briefly.

Sentencing, and a SORA hearing (to determine his sex offender status), was set for 9:30 a.m., Jan. 10.

October 12, 2016 - 3:48pm
posted by Billie Owens in crime, news, Le Roy, corfu, batavia, pembroke.

Danielle Riley McMinn, 22, of South Cranberry Boulevard, North Port, Fla., is charged with: DWI; unlawfully fleeing a police officer in a motor vehicle, 3rd; reckless driving, failure to keep right; and moving from lane unsafely. McMinn was stopped by Genesee County Sheriff's deputies shortly after midnight on Oct. 12 on R. Stephen Hawley Drive when she allegedly failed to keep right. She then allegedly fled from deputies in her vehicle, leading deputies on a short pursuit. The pursuit came to an end when McMinn crashed her vehicle at the intersection of R. Stephen Hawley Drive and Bank Street Road in the Town of Batavia. She was subsequently arrested and jailed on $500 cash or $2,000 bond. She is to reappear in Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Jeremy McClellan, assisted by Deputy Andrew Hale.

Benjamin James Marien, 24, of Meadowbrook Terrace, Corfu, is charged with: operating a motor vehicle with a BAC of .08 percent or higher; DWI; speed in excess of 55 mph; and failure to keep right on a two-lane road. On Oct. 12 at 12:54 a.m., Marien was arrested following a traffic stop on Genesee Street in Pembroke. He was issued an appearance ticket for Town of Pembroke Court and is due there on Nov. 8. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

Matthew R. McQuillen, 33, of 38 Lathrop Ave. in Le Roy, was arrested on Oct. 10 by the Le Roy Police Department and charged with one count of petit larceny, a Class A misdemeanor. It is alleged that at 4 p.m. on Oct. 8 McQuillen stole a DVD from a store located on West Avenue in Le Roy. McQuillen was released on an appearance ticket to appear in Le Roy Town Court on a later date.

Shawn Richard Porter Cuyler, 18, of Vendome Drive, Gates, is charged with unlawful possession of marijuana. At 8:53 a.m. on Oct. 11, the subject was pulled over on the side of the road on Oak Orchard Road in Batavia because his passenger had gotten out to retrieve glasses that fell from the vehicle. The subject allegedly possessed several smoking devices containing marijuana, along with two bottles containing marijuana. He was issued an appearance ticket for Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by City of Batavia Police Officer Frank Klimjack.

October 10, 2016 - 6:30pm
posted by Howard B. Owens in Le Roy, crime, news.

A 26-year-old Le Roy resident was arrested today after allegedly failing to obey a police officer's orders when he was spotted in the area of the Le Roy Sewage Treatment Plant on Red Mill Road.

Zachary R. Reed, of Britt Road, Le Roy, is charged with one count of obstructing governmental administration.

Police responded to the plant at 2:28 p.m. to investigate a report of a man with a long gun at the facility.

A person with a gun was spotted going into the nearby woods and the police officer reportedly ordered him to come out of the woods with his hands up. According to Le Roy PD, the person did not comply with the order.

Other law enforcement agencies were summoned for backup, a K-9 patrol responded, and a perimeter was set up.

During the search, police officers obtained Reed's mobile number and called him. He agreed to come out of the woods, meeting officers on North Street, but he didn't have his gun with him.

After a search, the gun, a .22-caliber rifle, was located in an area of tall weeds.

Assisting Le Roy PD were the Sheriff's Office and State Police.

Reed was issued an appearance ticket.

(initial report)

October 10, 2016 - 1:20pm
posted by Billie Owens in crime, news, bergen.

Blake Michael Toal, 18, of Old State Road, Covington, is charged with third degree criminal mischief. On Sept. 25, the Genesee County Sheriff's Office received a report of criminal mischief to a basketball backboard in the Village of Bergen Park. The deputy assigned to the Village of Bergen conducted a thorough investigation and numerous individuals were interviewed. The defendant was located and arrested and charged with the Class E felony. He was issued an appearance ticket and taken to jail for prints and photos. He is due in Town of Bergen Court at 3 p.m. on Wednesday, Oct. 19. The case was handled by Sheriff's Deputy Ryan DeLong.

October 9, 2016 - 6:59am
posted by Howard B. Owens in crime, news, byron, bergen.

Three people were assaulted in two separate incidents overnight in the Byron and Bergen areas, and both attacks may have been perpetrated by the same suspects, and those suspects may have been identified. 

The first attack was reported at 1:42 a.m. in the parking lot of Playmates in Byron. 

The victim was reportedly Elliot P. Arnold, 29. Investigators say he was jumped by two males and was left bleeding and semiconscious. He was transported to Strong with facial cuts and other injuries.

The second incident was reported at 1:52 a.m. at the 7-Eleven in Bergen. 

That incident is believed to have involved the same two suspects.

Attacked were Natalie M. Mazurzak, 18, and Zachary M. Bower, 20, who were punched several times by the suspects.

No information provided on a possible motive or if robbery was involved.

The investigation is ongoing and being handled by Deputy Howard Carlson, Deputy Ryan Young, Sgt. John Baiocco and the State Police.

October 8, 2016 - 2:15pm
posted by Billie Owens in crime, Le Roy, Pavilion, corfu, news.
park_thomas_amug.jpg
      Thomas A. Park

A five-month investigation into three residential burglaries in the West Main Street area of the Village of Le Roy concluded on Oct. 4 with the arrest of 48-year-old Thomas A. Park by the Le Roy Police Department. Park is from the Le Roy/Pavilion area but is currently living in the City of Rochester. It is alleged that during the months of April, May and June, Park unlawfully entered three different residences in Le Roy and stole items from each consisting of cash, jewelry and a crossbow. It is further alleged that Park then pawned some of the property in Batavia. Park was charged with three counts of burglary in the second degree, a Class C felony, and three counts of petit larceny, a Class A misdemeanor. Park was arraigned before the Le Roy Town Court and released RUS as he is being overseen by Genesee Justice and the Rochester City Drug Court. 

A 17-year-old who lives on Myrtle Street in Le Roy is charged with two counts of third-degree burglary. Following an investigation in the Town of Le Roy, it is alleged that at 12:45 p.m. on July 20 the defendant entered a garage in the 8000 block of Route 5, without the owner's consent, and stole a 17-caliber long gun. It is further alleged that on the same day, the defendant entered another garage in the vicinity on Route 5, without the owner's consent, and stole a pellet gun. The defendant was arraigned in Le Roy Town Court and released under supervision of Genesee Justice. The investigation was conducted by Sheriff's Deputy Andrew Hale and Investigator Bradley Mazur.

Dolores M. Urban, 50, of Goodrich Road, Clarence, is charged with first-degree aggravated unlicensed operator, a felony, misdemeanor DWI, misdemeanor aggravated DWI (with a BAC of .21 percent), and having an inadequate muffler. On Oct. 6 at 114 Route 77 in Corfu, Urban was stopped for having an inadequate muffler. According to the report of the Viilage of Corfu Police Department: "Upon activating patrols emergency lights to affect the stop, the driver pulled off the east shoulder of the roadway, striking the bridge over the creek." After interviewing Urban and having her perform field sobriety tests, she was arrested. She was released on appearance tickets and is due in Village Court on Oct. 24.

Dean D. Root, 35, of 40 Main St., Apt. # 2, Le Roy, was arrested on Oct. 7 by the Le Roy Police Department and charged with one count of petit larceny, a Class A misdemeanor. It is alleged that on that day Root shoplifted an item from a pharmacy in the Village. Root was issued an appearance ticket and is to appear in the Le Roy Town Court on Oct. 17 to answer the charge.

October 6, 2016 - 2:16pm
posted by Billie Owens in crime, news, batavia, Le Roy, alexander, Oakfield.

Jill Louise Hanlin, 39, of Alexander Road, Alexander, is charged with endangering the welfare of a child. On Oct. 4 at 2:30 p.m., while investigating an overdose, it was determined that the subject allegedly overdosed on heroin, had passed out, and had to be transported to UMMC. The subject was found by her son after he came home from school. The subject was the only adult home and was responsible for the care of her child. The subject was arrested, issued an appearance ticket for Alexander Town Court at 5 p.m. on Oct. 25. Medical staff on scene notified Child Protective Services. The case was handled by Sheriff's Deputy Kevin Forsyth, assisted by Sgt. Jason Saile.

Linda A. Kupka, 49, of 940 Hardy Road, Cadiz, Ky., is charged with: first-degree falsification of business records; second-degree endangering the welfare of a physically disabled person; willful violation of health laws; and physical abuse/neglect/mistreatment. The incident(s) allegedly occurred at 3 p.m. on Jan. 12 at the GC Nursing Home, 278 Bank St. in the City of Batavia. NYS Attorney General's Office requested assistance from City of Batavia Police Department in arresting Kupka, a previously employed healthcare worker at the Nursing Home. She was arraigned at 2 p.m. on Sept. 27 before City Court Judge Balbick and put in GC Jail in lieu of $1,000 cash bail. The case was handled by Batavia Police Officer Frank Klimjack.

Robert M. Schryver, 53, of North Spruce Street, Batavia, is charged with forcible touching. He allegedly touched the intimate parts of another person without that person's consent at 5:45 p.m. on Sept. 28. He was arraigned and jailed in lieu of $1,000 cash bail. The case was handled by Batavia Police Officer Frank Kilmjack.

Darleen Ann McComb, 58, of East Main Street, Batavia, is charged with second-degree harassment. At 7:05 p.m. on Oct. 3, Batavia Police were called the Emergency Room at UMMC after McComb, who was a patient, allegedly kicked a hospital employee. She was arrested and issued an appearance ticket for City Court on Oct. 11. The case was handled by Batavia Police Officer Arick Perkins.

Salvatore M. Schwable, 19, of South Pearl Street, Oakfield, is charged with: resisting arrest, second-degree obstruction of governmental administration; trespass; and unlawful possession of marijuana. The subject was arrest at 3:01 a.m. on Sept. 29 on Bank Street following an investigation into a trespass complaint on State Street a short time earlier. He was jailed on $2,500 cash bail and was due in City Court Sept. 29. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Darrin Mitchell Brown Sr., 27, of Platten Road, Albion, is charged with failure to obey a child support order, which was issued Aug. 2. The subject was turned over to the Genesee County Sheriff's Office on an arrest warrant out of Batavia Town Court after allegedly being involved in a larceny at Walmart in Orleans County. He was arraigned in Town of Batavia Court at 3:30 p.m. on Oct. 3 and put in jail in lieu of $1,000 cash or $2,000 bond. He was due in court on Oct. 4. The case was handled by Sheriff's Deputy Chris Parker.

Dawshawn A. Suber, 23, of East Main Street, Batavia, is charged with third-degree identity theft, third-degree forgery, and petit larceny. It is alleged that Suber stole a paycheck from a coworker at 5 p.m. on Sept. 16 and cashed the check at a local business. Suber was issued an appearance ticket and is due in City Court on Oct. 25. The case was handled by Batavia Police Officer Christopher Linsday, assisted by Officer Arick Perkins.

Annette Joy Waleski, 50, of South Pearl Street, Oakfield, is charged with DWI, aggravated DWI with a BAC of .18 percent or higher, and unsafe tires. Waleski was arrested at 5:31 p.m. on Oct. 2 on Main Street in Oakfield after a motor-vehicle accident in the Village. She was released on appearance tickets for Oakfield Town Court on Nov. 14. The case was handled by Sheriff's Deputy Mathew Clor, assisted by Deputy Michael Lute.

Melynda M. Gayhart, 28, of North Avenue, Le Roy, is charged with: DWI -- common law; aggravated DWI with a BAC of .18 percent or greater; and failure to yield right-of-way on left turn. Batavia Police responded to Oak Street at 1 a.m. on Oct. 1 after receiving a complaint about erractic operation. Gayhard was arrested following a traffic stop, then released on appearance tickets for City Court on Oct. 12. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Matthew Wojtaszczyk.

Katelyn L. Walsh, 21, of Redfield Parkway, Batavia, is charged with DWI -- common law, DWI with a BAC of .08 percent or more, and having no tail lamps. At about 2:26 a.m. on Sept. 25, Batavia Police conducted a traffic stop on a Jeep with no tail lamps on Main Street in the City of Batavia. Upon further investigation, Walsh was arrested for allegedly operating the vehicle while in an intoxicated condition. She is due in City Court on Oct. 12. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Eric Bolles.

Joel Sebastian Puma, 41, of Walnut Street, Batavia, is charged with third-degree criminal mischief. At 10:35 p.m. on Sept. 27, Batavia Police responded to a residence on Walnut Street for the report of a male/female physical altercation. Following an investigation, it was revealed that during an argument, Joel Puma allegedly damaged the female's phone, which was valued greater than $250. He was arrested, arraigned and released on his own recognizance. He was due back in City Court on Sept. 28. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Mark E. Green, 34, of 75 Center Street, Warsaw, is charged with fourth-degree criminal mischief. He had an active arrest warrant out of Batavia City Court and was located at the old GC Courthouse and taken into custody. It is alleged that on June 25 Green removed a vehicle from a driveway on East Main Street in the City and in doing so caused damage to the driveway. He was arraigned and released on his own recognnizance and is to appear in City Court at a later date. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Sgt. Matthew Lutey.

Jacqueline Michelle Bigelow, 51, of Prune Street, Batavia, is charge with dog running at large. At 11:18 a.m. on Oct. 4, Batavia Police responded to the area of South Spruce Street for the report of a large tan and black dog running loose. Police and Animal Control attempted to capture the dog for more than 30 minutes and found that the dog was owned by Bigelow. She was issued an appearance ticket for Oct. 11 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by OfficerJames Sheflin.

Robert M. Freeman, 24, of State Street, Batavia, is charged with petit larceny. He allegedly stole a bottle of alcohol from a business on West Main Street in Batavia on Sept. 28. He was arrested at 3:24 p.m. on 8351 Lewiston Road. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Shane Zimblis, 45, of East Main Street, Le Roy, is charged with criminal mischief. Zimblis turned himself in at Batavia Police Headquarters on an arrest warrant out of Batavia City Court for a criminal mischief charge, which stemmed from an unspecified incident on West Main Street, Batavia, on Oct. 3. He was issued appearance ticket and was due in City Court Oct. 4. The case was handled by Batavia Police Officer Jason Davis.

Nathan Samuel Love, 23, of Montclair Avenue, is charged with failure to appear. He was arrested on an active bench warrant out of Batavia City Court for allegedly failing to appear for a court date. He was issued an appearance ticket and turned over to another jurisdiction on a warrant for a separate matter. He was due in City Court Oct. 5. The case was handled by Batavia Police Officer Chad Richards.

October 5, 2016 - 3:40pm
posted by Howard B. Owens in crime, Alabama, news.

A second person involved an attempted robbery of a smoke shop in May where the employees fought back and the suspects fled, leading to a regionwide manhunt, entered a felony guilty plea in County Court today.

Misty Dawn Souza, 26, of St. Johnsville, entered a guilty plea to the first count of a five-count grand jury indictment, for attempted robbery in the second degree.

Last week, Jeremy J. Reynolds, 34, of Johnstown, also accepted a plea deal.

The duo was arrested after the Genesee County Sheriff's Office sought leads on the suspects in a robbery of the Smoke Rings Smoke Shop on the Tonawanda Indian Reservation. The man and woman entered the shop with what appeared to be guns, but only the man tried to continue with the robbery after his partner fled. He was confronted by an employee he didn't initially know was in the store and briefly detained in a back room before managing to escape through a window, dangling from the window, held by one leg by an employee, for a time.

Without a plea agreement for Souza, the Class D violent felony carries a maximum penalty of seven years in prison. The plea deal caps Souza's possible sentence to three and a half years, provided she stays out of trouble between now and sentencing at 9:30 a.m., Jan. 4.

At sentencing, her attorney, Fred Rarick, will argue that Souza should receive a sentence of probation with no prison term. He said in court today that he believes he can make a convincing case.

As discussed in court today, and as Souza volunteered while sitting in a Town of Alabama courtroom following her arrest in May, Souza suffers from a series of mental health issues and is required to take multiple medications.

In court May 21, Souza was frazzled and disheveled and rambled on about her concerns, the crime itself and her mental health issues while sitting in court. She said she had been off her medication since prior to the robbery attempt. 

Today, in court, she was a different person -- calm, well-spoken and polite as she answered questions from Interim Judge Micheal Pietruszka.

These factors will be part of Rarick's attempt to help Souza avoid a prison term. 

Rarick will also need to make the case that the robbery attempt was really the idea of Reynolds and that Reynolds misled Souza into participating and that while she participated briefly, she fled the scene almost immediately.

Rarick will need to successfully argue that Souza does not present a danger to the community.

She has no prior criminal record -- in the Alabama court, she said she never even had a traffic ticket before. She also has no history of use or abuse of illicit drugs.

She also has five children.

Souza's mother was in court with her today. Rarick told Pietruszka that his client has been nothing but cooperative and timely in her communications and court appearances.

She is out of jail on $50,000 bond.

Pietruszka noted that it will be up to the new county judge, likely Charles Zambito, to decide on Souza's sentencing on Jan. 4.

Previously:

October 4, 2016 - 1:10pm
posted by Billie Owens in crime, news, batavia, Le Roy, Stafford.

On Oct. 1, SP Batavia Troopers arrested William A. Lane Jr., 63, of Pavilion, and charged him with fourth-degree stalking.

The arrest came after Lane allegedly followed a family throughout local stores.

Lane was arraigned in the Town of Batavia Court and put in Genesee County Jail pending a future court date.



 

On Oct. 1, 2016 SP Batavia Troopers arrested Nathan Constantino, 20, of Batavia, for driving while ability impaired by drugs and for possession of marijuana. Following a traffic stop on Route 33 in the Town of Stafford, Constantino was allegedly found to be in possession of marijuana and failed field sobriety tests; he was subsequently arrested. Constantino was processed and released on appearance tickets returnable to the Town of Stafford Court.

Zachary M. Bower, 19, of Shady Lane, Batavia, is charged with unlawful possession of marijuana. The defendant was allegedly found in possession of marijuana while a deputy was investigating a suspicious vehicle near the Village of Bergen Park at 2:36 p.m. on Sept. 29. He was issued an appearance ticket returnable to Bergen Town Court on Nov. 2. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Michael Robert Simcick, 22, of Keeney Road, Le Roy, is charged with unlawful possession of marijuana. He was arrested after the strong odor of marijuana was allegedly detected emanating from his vehicle during a traffic stop at 5:44 p.m. on Oct. 3 on West Main Street in Le Roy. He is due in Le Roy Town Court on Oct. 20. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

October 3, 2016 - 2:59pm
posted by Billie Owens in crime, news, alexander.

From the Attica Police Department:

On Sept. 29, Officer Phillips of the Attica Police Department responded to a motor-vehicle accident at 4:47 p.m. on Market Street in the Village of Attica.

During the investigation of the accident, Victoria Bakos, 46, of Seward Road, Alexander, initially told the officer that she had been driving and was arrested for DWI. After further investigation it was determined Bakos was not the driver and was covering up for her boyfriend -- 44-year-old Robert Geandreau, also of Seward Road, Alexander, who had multiple DWIs in the past and a suspended driver's license.

Bakos was arrested for hindering prosecution in the third degree and Geandreau was arrested for DWI, first-degree aggravated unlicensed operation, operating a motor vehicle without an ignition interlock device, unlicensed operator, refusal to take breath test and fail to yield right of way. Bakos was issued an appearance ticket to appear in person at the Attica Village Court at 10 a.m. on Nov. 14.

Geandreau was put in Wyoming County Jail on $10,000 cash or $20,000 bond. He was to appear at the Attica Village Court at 10 a.m. this morning (Oct. 3). Officer Phillips was assisted by NYS Trooper Lunser and Officer Zufall from the Attica Police Department.

October 3, 2016 - 2:12pm
posted by Billie Owens in crime, news, Alabama, batavia, Grand Jury.

Misty Dawn Souza, AKA Misty Dawn Smith, is indicted for the crime attemped second-degree robbery, a Class D violent felony. She is accused of going into the Smoke Rings Smoke Shop, located at 449 Shanks Road, in the Town of Alabama, on May 20 with the intent of forcibly stealing property, engaging in conduct which "tended to effect the commission of such crime," while aided by another person who was present. In count two, she is accused of the same and in the comission of the crime or the flight from it, causing physical injury to a person who was not a participant in the crime. In count three, she is accused of the same, while displaying what appeared to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm. In count four, she is accused of second-degree assault, a Class D violent felony, for intending to cause physical injury to another person, causing such injury to such person or to a third person by means of a dangerous instrument. In count five, she is accused of the same crime as in count four, and in the course of and futherance of the commission or attempted commission of a felony or the immediate flight thereafter causing phsical injury to a person other than one of the participants.

Patrick D. Neaverth is indicted for the crime of second-degree burglary, a Class C violent felony. He is accused of knowingly entering or remaining unlawfully in a house on Kingsbury Avenue in the City of Batavia on Aug. 13 with the intent to commit a crime therein. (In July, he was indicted for the same crime at the same location, which occurred in March.)

October 1, 2016 - 2:26pm
posted by Billie Owens in crime, news, alexander, east pembroke, batavia.

Jason Eric Jones, 42, of Main Road, East Pembroke, is charged with petit larceny. Jones was arrested following the investigation into an employee theft at 9:34 p.m. on Sept. 23 on Main Road in East Pembroke. Jones allegedly stole money from the cash register at a business. He was arraigned in Pembroke Town Court and in to appear there again on Oct. 11. The case was handled by Genesee County Sheriff's Deputy Rachel Diehl, assisted by Deputy Kyle Krzemien.

Nivek Quadir Tisdale, 19, of Albemarle Street, Rochester, is charged with trespass. Tisdale was arrested at 4:34 this morning (Oct. 1) on a bench warrant out of Town of Batavia Court for failure to appear. He was jailed on $250 cash bail or $2,000 bond. The case was handled by Genesee County Sheriff's Deputy Mathew Clor and Deputy Chad Cummings.

Robert Lawrence Drozdowski Sr., 34, Main St., Alexander, is charged with unlawful possession of marijuana. At 10:45 a.m. on Sept. 28, Sheriff's deputies responded to Drozdowski's residence for a report of a disturbance. After a brief investigation into the complaint, Drozdowski was allegedly found to be in possession of a glass smoking pipe containing burnt marijuana residue. He was issued an appearance ticket and is due in Town of Alexander Court on Oct. 11. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Kyle Krzemien.

September 29, 2016 - 5:13pm
posted by Billie Owens in crime, genesee county, news.

Our news partner WBTA contributed to this story.

Prominent 81-year-old attorney Randolph Zickl was sentenced to five years probation in Genesee County Court today and ordered to pay $400 a month in restitution to his victim, the widow of a former client.

Zickl admitted stealing $75,398 dollars from the woman, who is "well into her 80s," and on June 24th he pled guilty to second-degree grand larceny, a Class-C felony punishable by up to 15 years in prison.

Prosecuting attorney Candice Vogel, an assistant DA in Erie County, said after today's proceedings: “The sentencing order was for five years probation. During that five years of probation the defendant was ordered to make restitution payments at the rate of $400 a month through the Probation Department here in Genesee County. He had already made a payment of $11,300 before we arrived here today.”

That leaves a remainder of $64,098 in restitution to be repaid to the victim. At the rate set today, she will not see the full restitution payment for approximately 14 years.

Zickl was once one of the most respected attorneys in the county, heading up the County’s Office of Legal Assistance. He also has two sons currently working in the Genesee County District Attorney’s Office.

One of Randolph Zickl’s defense attorneys said before sentencing that his client “feels horrible” about his crime; Zickl declined to speak before sentencing.

His defense also requested that he be given 60 days before continuing restitution payments as he has already paid a large sum of the amount and is currently living off of Social Security.

Presiding Judge James Bargnesi gave Zickl 30 days before the resumption of monthly restitution.

Vogel said that the perpetrator's age, the victim's age, the sizable amount of restitution paid to date and Zickl's assets and capability of paying the remaining amount all factored into the judge's decision to grant probation and determine the amount of monthly restitution. Vogel said the victim's family is aware of the terms and indicate they are comfortable with them.

Asked about the likelihood that the victim will live to reap the benefits of full restitution, Vogel said: "This is one of the biggest issues of financial exploitation of the elderly. It's kind of a race..." to try and prosecute such crimes and recoup what was stolen before the victim dies.

Vogel said, technically, if Randolph Zickl dies before he completes restitution, the balance will be the liability of his estate and its heirs.

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