crime

Jakob Kosiorek, 20, of 24 Tracey Ave., Batavia, is charged with assault, 2nd. Kosiorek was arrested by Le Roy PD and accused of punching another person several times, causing a broken nose, cheek bones and several lacerations. Kosiorek was jailed on $10,000 bail.

Danielle M. Sundown, 30, of 4846 Livingston Street, Warsaw, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, uninspected motor vehicle and aggravated unlicensed operation. Sundown is accused of being involved in a motor-vehicle accident on East Main Street at 10:33 p.m., Friday. Sundown allegedly fled the scene and was located a short time later at a local business. Additional charges are pending.

Thomas Edward McFadden, 19, of North Main Street, Warsaw, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. McFadden was allegedly observed possessing and smoking marijuana by Deputy Patrick Reeves at 4:36 p.m., Monday, in the area of 127 North St., Batavia. Also charged with unlawful possession of marijuana were Brandon Michael Aquino, 17, of Linwood Road, Warsaw, and Chelsea Lynn Laley, 23, of North Main Street, Warsaw.

Charlee Nicole Tanner, 21, of West Avenue, Lyndonville, is charged with petit larceny. Tanner is accused of shoplifting $168.29 in merchandise from Kmart. Also charged with Tamera Antonia Dowdall, 26, of Beach Drive, Medina.

Robert Michael Freeman, 21, of East Avenue, Batavia, is charged with two counts of petit larceny. Freeman is accused of stealing from Target on Dec. 16 and Dec. 19.

A pair of Le Roy residents were reportedly arrested in Erie County on Sunday for allegedly selling counterfeit NFL merchandise at Ralph Wilson Stadium.

Charged with trademark counterfeiting were Kenneth Smith, 49, and Joshua Wyskiel, 31. Both men were taken into custody as part of a sweep of arrests of suspected fake NFL merchandise sellers.

From the Buffalo News:

Once the garments were identified as fake, Payne said he and fellow officers began making arrests throughout the Bills’ football season, with a “final sweep” of arrests Sunday.

“We started to see a lot of these unlicensed vendors walking around the stadium parking lots selling trademark counterfeit T-shirts and jerseys out of their backpacks,” Payne said. “The T-shirts were selling for $5 and the jerseys for $30. When somebody is purchasing a jersey, which normally sells for $100, that should be a clue it’s counterfeit.”

An alert neighbor spotted a potential burglary in progress on Washington Avenue on Tuesday leading to the arrest of a man police suspect may have been involved in other break-ins in the city.

Francis S. Smith, 19, of 20 S. Main St., Batavia, has been charged with burglary in the second degree and investigators are working to determine whether he may have been involved in other larcenies.

Smith is being held on bail in the Genesee County Jail.

His arrest followed a report of a burglary in progress about noon on Tuesday. Police responded, surrounded the residence and officers entered the residence and found Smith allegedly involved in a larceny of property from the residence.

A reader who was in the area at the time of the incident told The Batavian this is what he saw:

"The cops were yelling to someone inside to come out with their hands up. The man inside the house came out a second-story window on top of the porch roof. At that time the police drew their guns and ordered him to freeze and put his hands up. They brought the man back into the house and out the front door before putting him into the police car."

Brandon M. Maldonado, 24, of 24 Tracy Ave., Batavia, is charged with criminal possession of a forged instrument, 2nd, criminal possession of stolen property, 5th, and two bench warrants for alleged failure to appear as directed. Maldonado was taken into custody by Batavia PD at his residence on a felony arrest warrant as well as the bench warrants on unrelated charges. Maldonado was jailed without bail.

Daniel L. Zelazny, 50, of 6469 Swamp Road, Byron, is charged with driving while ability impaired by alcohol. Zelazny was taken into custody by the Sheriff's Office and turned over to Batavia PD following an investigation by Officer Matt Lutey of a motor-vehicle accident on East Main Street on Aug. 12.

Dominique L. Clyburn, 22, of 142 Saxton St., Rochester, is charged with criminal obstruction of breathing, criminal mischief, 4th, and harassment, 2nd. Clyburn was taken into custody by Rochester PD on an arrest warrant out of Batavia City Court and turned over to Batavia PD. Clyburn was jailed on $1,500 bail.

Elizabeth Ann Bucci, 58, of Prestige Crossing, Batavia, is charged with criminal contempt, 2nd. Bucci is accused of placing a phone call to a person she was ordered not to contact.

Casey Thomas Sutherland, 22, of Westside Drive, Churchville, is charged with unlawful possession of marijuana. Sutherland was allegedly found in possession of a small amount of marijuana during a traffic stop by Deputy Jason Saile at 9:20 p.m. Friday on Route 262, Byron.

Jonathan Christopher Pestillo, 18, of Seven Springs Road, Batavia, is charged with two counts of petit larceny. Pestillo is accused of shoplifting from Target on Dec. 16 and Dec. 19.

Jessie Marie Miles, 49, of Walnut Street, Batavia, is charged with petit larceny. Miles is accused of shoplifting at Kmart.

Jason L. Perry, 18, of Pavilion, is charged with unauthorized use of a motor vehicle and driving without a license. Perry was arrested by State Police on an alleged incident reported at 2:32 p.m. Thursday in Pavilion.

Two patrons of Tenney Coin Laundry at 198 Ellicott St. reportedly got into a fight over a washing machine and one of them slammed the machine's lid on the other's fingers. Police are responding.

A male patron of Sunny's Restaurant in the city mall reportedly got out of control and police have been called to respond. He is said to have started "swinging at people" once outside the eatery and was trying to regain entry through a side door.

Press release:

The Batavia Police Department is investigating several residential burglaries in the southwest area of the city. Entries to all residences were made in similar fashion via unsecured doors. Taken from the residences were items such as laptop computers, small electronics, gift cards and jewelry.

All incidents are similar in nature and are occurring during daylight hours.

Police will be increasing patrol activities in this area. The police department is also asking residents to be observant for, and to report, any strange activity or unknown persons in their neighborhood. Police ask that residents not attempt to intervene, but rather obtain a description of the person or persons involved, any vehicles involved as well as any direction of travel. Residents are encouraged to call 9-1-1 immediately and report the incident.

All residents are reminded of the importance of locking the doors to their homes even during the daytime hours. Residents are also reminded of the importance of documenting serial numbers or other identifying numbers of valuable items in the event they become lost or stolen. This documentation will assist the police in tracking the items if necessary.

Anyone with information regarding these burglaries, or any unsolved crime, is encouraged to contact the Batavia Police Department at 345-6350. Residents may also contact the Batavia Police Department’s Confidential Tip Line at 345-6370.

Darryl P. James, 30, of Darien, is charged with felony DWI, driving with a BAC of .08 or greater, aggravated driving with a BAC of .18 or greater, moving from lane unsafely, open container, failure to submit to breath test, resisting arrest and obstructing governmental administration. The Wyoming County Sheriff's Office received a complaint at 4:42 a.m., Christmas Day, of a vehicle operating on a resident's driveway on Church Road, Bennington, and James was arrested following further investigation. James allegedly has two prior DWI convictions. James was jailed on $25,000 bail.

Bryan Michael Wharton, 25, of Clover Crossing, Manchester, is charged with unlawful possession of untaxed cigarettes. Wharton was stopped at 4:16 p.m., Dec. 23, for alleged equipment violations on Gabbey Road, Pembroke, by Deputy Kevin McCarthy. He was allegedly found in possession of untaxed cigarettes.

Alberto Laboy-Bertran, 74, of North Plymouth Avenue, Rochester, is charged with aggravated unlicensed operation and unlicensed operator. Laboy-Bertran is accused of driving at 11:40 a.m., Sunday, with 31 active driver's license suspensions and revocations dating back to 2000. Laboy-Bertran was jailed on $25,000 bail.

Aaron David Prusak, 25, of Park Street, Warsaw, is charged with criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument and aggravated unlicensed operation, 3rd. Prusak was located in a 2000 Chevrolet Silverado at 10:31 p.m., Friday, parked in the roadway of Route 19 in Bergen. Upon investigation by Sgt. Greg Walker and Deputy Joseph Graff, Prusak was allegedly found in possession of a needle and a controlled substance.

Ryan Nicholas DeSantis, 19, of South Main Street, Batavia, is charged with petit larceny. DeSantis is accused of shoplifting while working at Kmart.

Kyle David Ferguson, 20, of Maltby Road, Oakfield, is charged with petit larceny. Ferguson is accused of shoplifting while working at Kmart.

Timothy L. Taylor, 38, of 219 N. Spruce St., #124, Batavia, is charged with assault, 3rd, criminal obstruction of breathing and reckless endangerment, 2nd. Taylor was picked up by the State Police at a location on West Main Street Road on an unrelated matter Saturday and turned over to the Batavia PD on a warrant for the listed charges. Taylor is also accused of violating the terms of Drug Treatment Court. Taylor was jailed on $5,000 bail for the alleged criminal offenses and $100,000 for the alleged violation of drug court terms. He is schedule to reappear in city court on Dec. 26.

Scott N. Cameron, 30, of 25 Vine St., Batavia, is charged with harassment, 2nd and endangering the welfare of a child. Cameron is accused of hitting a family member who is under age 17.

Benjamin L. Brade, 30, of 12 Denio St., Batavia, is  charged with criminal contempt, 2nd. Brade is accused of violating an order of protection by being under the influence of alcohol while with the protected party.

Carl I. Sherman, 33, of 68 Dix St., Rochester, is charged with aggravated harassment, 2nd. Sherman was picked up by Rochester PD and turned over to Batavia PD on a warrant related to the listed charges. Sherman posted $500 bail.

Emily V. Salvatore, 30, of Bergen, is charged with DWI and driving with a BAC of .08 or greater. Salvatore was stopped by State Police at 11:27 p.m., Friday, on Route 31, Albion.

John Lee Smith, 38, of Rose Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, avoiding intersection, failure to keep right, moving from lane unsafely. Smith was stopped at 9:49 p.m., Saturday, on West Main Street Road, Batavia, by Deputy Frank Bordonaro. Smith was allegedly observed avoiding the intersection at River Street and Main Street and not maintaining his lane.

Jeffrey J. Cervone, 44, of Skye Road, Basom, is charged with petit larceny. Cervone was taken into custody by the State Police out of Clarence and turned over to the Sheriff's Office on a bench warrant.

Gary Howard Waters, 35, of East Avenue, Gasport, is charged with DWI, driving with a BAC of .18, speed not reasonable and prudent, leaving the scene of a property damage accident and failure to keep right. Waters was arrested following an investigation by Deputy Jason Saile and Deputy Eric Seppala into a motor vehicle accident at 3:03 a.m., Saturday, on Lewiston Road, Oakfield.

Robert A. Barnhart Jr., of Le Roy, was arrested on a warrant by the Wyoming County Sheriff's Office. Barnhart is accused of owing several thousands of dollars in restitution from a prior case.

State Police are asking the public assistance to help locate the driver and car involved in a hit-and-run car vs. pedestrian accident Friday night in front of Batavia Downs Casino.

The car is described as a red four-door sedan, possibly a Chevrolet Malibu.

The car may have front grill, hood and windshield damage.

The victim was hit by the car, according to Sgt. Ron Lobur, rolled up onto the hood, hit the windshield and then rolled off the front the car and was nearly struck a second time.

"The victim is very, very fortunate to come away with only minor injuries," Lobur said.

Information about the victim is not being released yet, Lobur said, pending following up on leads that have come in, or may come in, as a result of the request for more information.

Anybody with information that may assist in the investigation are asked to call the State Police at 343-2200.

Press release:

The Batavia Police Department is investigating three reported residential burglaries which occurred during the day to early evening hours on Thursday, Dec. 20.

The burglaries occurred on Pearl Street, Madison Avenue and on South Main Street.

Entry to the residences was gained through unsecured doors.

Taken from the residences was a laptop computer, a Kindle tablet, a telephone, an XBOX game system, jewelry, cash and medication.

Anyone having observed or observing any suspicious activity or having information is asked to contact the Batavia Police Department at 345-6350, or to access the Batavia Police Confidential Tip Line at 345-6370.

Mikel Anthony Anderson, 21, of Eagle Street, Medina, is charged with harassment 2nd. Anderson is accused of pushing a family member several times during a dispute. Anderson was jailed on $1,000 bail.

Alicia Maria Stankwick, 21, of Ellicott Street, Batavia, was arrested on a warrant for allegedly falsely reporting an incident to law enforcement. The alleged false report was filed at 5:18 a.m., Oct. 21. Stankwick was jailed on $1,000 bail.

Tanya Lee Thyret, 34, of Clinton Street, Batavia, was arrested on a warrant for allegedly issuing bad checks in June. She faces two counts.

Holly L. Gambino, 47, of 7273 Morrow Road, Covington, is charged with grand larceny, 4th. Gambino was located and arrested on a warrant. She is accused of refusing to return a car to its proper owner, who is an acquaintance of Gambino's. Gambino was held pending a court appearance today.

Leonard Charles Millard, 55, of Highland Park, Batavia, was arrested on a bench warrant for an alleged failure to pay a court-imposed fine. Millard turned himself into the Sheriff's Office. He was arraigned in Genesee County Court and released pending further court proceedings.

Jon Hoyt Bush, 29, of Oak Orchard Road, Elba, is charged with criminal possession of a controlled substance. Bush turned himself in on a warrant out of Batavia City Court.

David Allen Draper, 32, of West Main Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding (84 in a 55 mph zone) and uninspected motor vehicle. Draper was stopped at 10:04 p.m. Monday on Route 5 in Batavia by Deputy Tim Wescott.

The Genesee County Sheriff's Office is warning about a computer scam that has apparently hit at least one person locally and prompted a call to law enforcement.

The scam apparently involves a computer virus or Trojan horse of some type that locks up a user's computer while surfing a questionable site on the Web.

A red screen flashes and a verbal message activates informing the user that the FBI has frozen the user's computer due to some supposed violation and demands $300 be paid to the "FBI" via "money pac" before the computer will be unfrozen.

"This appears to be some sort of scam/virus that would probably require a professional to fix as the FBI doesn't not conduct investigations this way," said Deputy Chief Gordon Dibble.

There is information about the scam and how to deal with it that can be found in a Google search.

Dibble questioned whether some of solutions found online might also be a scam and suggested that inexperienced, or non-expert users contact a computer professional for assistance if they suspect such a problem.

Users should have good virus protection installed, Dibble noted, and said users should be careful about their Web travel.

My take: I get a lot of e-mails from people around the community who have added me to their address book with what to me are dangerous attachments or bogus links. This means that people who downloaded such an attachment or opened such a link got their computer infected.

Unless you're on guard against such malware, and especially if you use Windows, it's pretty much inevitiable you will get some sort of virus on your machine.

The best computer security is: never open attachments or click on links that you're not sure about. I never open attachments of any kind that are part of a chain e-mail (forwarded from one person to another) or click on links that look like they will take me to a Web site I'm not confident is legitimate. 

If you're not sure of an e-mail communication ... even from your mother ... don't open it, don't download the attachment, don't click the link. If necessary, call and verify that the person meant to send that e-mail to you.

Press release from Det. Sgt. Patrick J. Corona:

The Batavia Police Department has received, and is investigating, reports of fraudulent individuals posing as legitimate collection agencies, making telephone contact with persons and attempting to acquire cash payments.

Residents should be on guard for this activity and never give out personal information over the telephone.

The individuals involved in this activity are potentially committing offenses of larceny by fraud, identity theft, and criminal impersonation. Individuals involved in this activity could be subject to federal prosecution.

Anyone having questions in regards to the legitimacy of persons making such contact with them over the telephone should contact their local police

Jamie R. Bachorski, 18, of Oakfield, is charged with two counts of burglary, 3rd. Bachorski is accused of stealing two ATVs from a storage shed on Batavia Oakfield Townline Road over the summer. He's also accused of entering a pole barn on Fisher Road and stealing an ATV. Bachorski was jailed on $10,000 bail for alleged violation of probation. The case was investigated by Deputy Tim Wescott, Youth Officer John Dehm and Investigator Roger Stone.

Joseph Thomas Bortie, 41, of Knowlesville Road, Alabama, is charged with driving while ability impaired by drugs, moving from lane unsafely and driving across hazardous marking. Bortie was stopped at 4:28 p.m. Monday on Route 262, Byron, following a report of an erratic driver on westbound Route 262. Deputy Chad Minuto located Bortie's vehicle a short time later near Transit Road. Minuto said he saw Bortie's vehicle cross into the eastbound lane and almost collide with another vehicle. Bortie was taken into custody following field tests. He was released on an appearance ticket.

Jennifer Lynn Sprague, 29, of Pringle Avenue, Batavia, is charged with falsely reporting an incident to law enforcement. Sprague was taken into custody on Central Avenue on a warrant for the charge out of Town of Bergen Court. She was released under supervision of Genesee Justice.

Another member of an alleged meth distribution ring in Genesee County that was broken up in 2009 has been sentenced in federal court, the U.S. Attorney's Office announced today.

Andrew Chapman, 42, of Batavia, will serve two years on probation for his part in the distribution of methamphetamine.

In June, Chapman admitted in federal court to conspiracy to possess with intent to distribute, and to distribute, methamphetamine.

Chapman received the meth he sold from Donald G. Vanelli II, 49, of Le Roy, who is serving more than 17 years for his role in the sale and distribution of meth locally.

Three other people were arrested in the raids in 2009.

All of the cases have been resolved, except that of Donna L. Boon (aka Donna McAuley), who lives at 3658 Batavia-Oakfield Townline Road. Her original charges were dropped but she remains under federal indictment for other alleged offenses.

Roxanne G. Rowe, 25, of Maple Avenue, Oakfield, is charged with animal cruelty and unlawful possession of marijuana. Rowe is accused of trying to harm a neighbor's dog by placing pieces of metal in a meat product and making it available for the dog to eat. At the time of her arrest -- 10:15 a.m., Saturday, by Deputy Brian Thompson -- Rowe also allegedly possessed marijuana.

Lakiesha A. Gibson, 26, of 13 Williams St., Lockport, is charged with disorderly conduct and endangering the welfare of a child. Gibson is accused of shouting obscenities while outside on Thorpe Street at 10:20 p.m., Saturday. Gibson also allegedly refused to remove two children out of the roadway and away from a dispute.

Timothy J. Wenzel, 19, of 13 Harvester Ave., Batavia, is charged with criminal contempt, 2nd. Wenzel was allegedly seen with a person who is protected by a "stay away" order of protection.

Makeen K. Ithna-Asheri, 52, of 111 State St., Batavia, is charged with criminal trespass, 2nd. Ithna-Asheri allegedly entered a residence he had previously been advised not to enter.

Danielle M. Stevens, 36, of Ford Road, Elba, is charged with three counts of petit larceny. Stevens is accused of stealing $140 and a gold pendant from a relative's house within a six-week period. Stevens was jailed on $500 bail.

Brenden Kirstipher Steck, 23, of Broadway Road, Darien, is charged with DWI and driving with a BAC of .08 or greater. Steck was allegedly found to be the operator of a disabled motor vehicle on Route 20 in Darien at 1:15 a.m., Saturday, by Deputy James Diehl.

Joseph E. Marr, 34, of Attica, is charged with DWI and driving with a BAC of .08 or greater. Marr was reportedly involved in a motor vehicle accident at 10:13 p.m. Friday on Keeney Road, Le Roy. He was arrested by State Police.