crime

The case of Justin C. Smith is an example, Judge Robert C. Noonan said in county court today, of what can happen when a "basically good person has drugs take control of his life."

On Nov. 18, Smith broke into the residence of a friend on Porter Avenue and stole an item and pawned it.

In July, Smith admitted to attempted burglary, 2nd.

Because Smith has a prior non-violent felony conviction, from 2007, the minimum sentence available to Noonan was three years. Smith will spend three years in prison.

"There are a lot of different kinds of entries into somebody's house and your's violated the trust of a friend," Noonan said. "You accessed the property of somebody you knew and, unfortunately for you, that is classified as a violent felony with a mandatory determinate sentence."

A friend of Smith's sat in the gallery and wept as Noonan pronounced sentence.

One his term is completed, Smith will be on post-release supervision for five years.

He must also pay restitution to Pawn King for $105.

A Canandaigua man will serve a 90-day intermittent sentence in jail and five years on probation for claiming fraudulent unemployment benefits in Genesee County.

He faces similar charges in Ontario County.

Nicholas A. Caliese must repay the county $12,829.50.

Caliese entered a guilty plea to grand larceny, 3rd, in Genesee County Court on July 6.

His sentence was based on a plea deal struck over the summer.

Currently, Caliese is working two jobs, one is full-time, and going to school.

"A probation sentence is appropriate, giving him the opportunity to continue forward with the positive steps that he’s just made recently," said Billy Tedford, his attorney.

Jamie R. Alford, 22, of 219 N. Spruce St., Batavia, is charged with disorderly conduct and resisting arrest. Batavia PD responded to a report of a disturbance in the bar at Days Inn at 1:18 a.m., Sunday. Several people were reportedly involved in several fights inside and outside the hotel. Alford was reportedly among people ordered by hotel staff and police officers to leave the property. While patrols were dispersing the crowd, Alford allegedly tried to start another fight in the bar area. When officers attempted to arrest Alford, he allegedly resisted arrest and fought with police. Following arraignment in city court, Alford was jailed on $500 bail.

Alicia M. Stankwick, 21, of 318 E. Main St., Apt. #2, Batavia, is charged with criminal contempt. Stankwick allegedly violated an order of protection by having a third-party communicate with the protected party.

Roger L. Lashure Sr., 45, of 3322 W. Main St. Road, Batavia, is charged with three counts of criminal contempt, 2nd. Lashure is accused of contacting a person he was ordered not to contact on three occasions between Oct. 23 and Oct. 25.

Abigail R. Storman, 17, of 111 State St., Batavia, is charged with menacing, 2nd, harassment, 2nd, criminal mischief, 4th, and harassment, 2nd. Stroman is accused to threatening a person by holding a knife and stating she would "slice up" the person at 9:15 a.m., Thursday. She also allegedly threatened to hit the person while raising her fist. She allegedly punched and broke a window in the residence.

Scott Dwayne Kingdon, 46, of Sparks Road, Pavilion, is charged with aggravated harassment, 2nd. Kingdon is accused of constantly contacting a person through Facebook, texting and e-mails after being old not to have contact with the person. An order of protection was issued following Kingdon's arrest.

Garfield George Phillips, 46, of Lincoln Avenue, Rochester, is charged with issuing a bad check. Phillips was taken into custody by Rochester PD on an arrest warrant out of Le Roy Town Court and turned over to the Sherrif's Office. Phillips is accused of writing a bad check July 25 in the amount of $2,400.

Ashlea Marie Harmon, 21, of Edwards Street, Batavia, is charged with petit larceny. Harmon is accused of stealing a Kindle Fire from an apartment where she was babysitting and then pawning the ebook reader.

Some teenagers reportedly took a gun, a "38 Special," out of a vehicle in the parking lot by the Verizon Store in the Tops plaza, according to a caller to dispatch, and another caller reports that man in a blue truck in the parking lot of Batavia Downs is striking someone and yelling about them taking a weapon out of a vehicle. Law enforcement is trying to sort it out now.

John Spyropoulos, co-owner of Settler's Restaurant on West Main Street, was a little taken aback yesterday to learn that the insurance company for the owner of a car that took out his 28-year-old business sign Oct. 10 won't help pay for its replacement.

State Farm said, according to Spyropoulos, that since the alleged driver, Martin F. Jones, 41, of 120 Jackson St., Batavia, wasn't authorized to drive the vehicle, the owner's policy doesn't cover the damage.

"I thought that was what uninsured motorist was for," Spyropoulos said.

It will cost $12,000 to replace the sign and the insurance Spyropoulos has on the building will pay only for $5,000 of it.

To get his money, Spyropoulos may need to file a claim for restitution through the courts. He could file a claim for the entire $12,000 expense.

If Jones is convicted, Jones could be ordered to pay for the sign at his sentencing.

Spyropoulos said he will look into that option.

Jones was charged with felony DWI, refusal to take breath test, two counts of leaving the scene of a property damage accident, unsafe backing, aggravated unlicensed operation, 1st, avoiding an intersection, speed not reasonable and prudent and driving on the sidewalk.

A burglary suspect turned himself in yesterday following a police investigation into a break-in at a residence on East Avenue in the city on Oct. 9.

Trevon L. Armstrong, 27, of 20 Tracy Ave., Batavia, is charged with burglary, 2nd, and grand larceny, 4th.

Det. Charles Dudek investigated the case, identified Armstrong as the suspect, and asked him to turn himself in. Yesterday, he did.

A flat-screen TV and a laptop computer were recovered shortly after the burglary was reported, Dudek said.

Armstrong was arraigned in Batavia City Court and ordered held without bail.

Officer Mark Lawrence assisted in the investigation.

Mercedes Shanelle Stricklin, 19, of Pringle Avenue, Batavia, is charged with petit larceny. Stricklin is accused of shoplifting from Kmart.

Amanda Lee McGowan, 20, of Pringle Avenue, Batavia, is charged with petit larceny. McGowan is accused of shoplifting from Kmart.

Jennifer L. Stack, 33, of 48 S. Main St., Batavia, is charged with petit larceny. Stack is accused of shoplifting from the Kwik Fill at 99 Jackson St., Batavia.

A Pavilion mother who was arrested for driving drunk with her child in her car will get a chance to get herself straightened out as part of a plea deal approved by Judge Robert C. Noonan.

Angela R. Kruse, 40, will go through substance-abuse rehabilitation for a year. If she succeeds in the program, she need serve only another four years on probation.

If she fails she will be sent to prison for four years.

Kruse was arrested in June after a tipster in Wyoming County told local law enforcement that she was driving drunk with a child in her car. She was arrested in the parking lot of Tops Market in Le Roy.

Her BAC at the time was reportedly .14 and her 4-year-old child was in the vehicle.

Today, Kruse admitted to driving drunk with a child in her car.

Currently, Kruse is being held in the Wyoming County Jail on $15,000 bail following her arrest in September for allegedly driving drunk. In that case, Kruse was reportedly involved in a single-vehicle accident in Covington.

Charges in that case are still pending and will be considered separately -- since it's another jurisdiction -- from the Genesee County case.

UPDATED 3:25 p.m.

An attorney for one of the city firefighters accused of bookmaking said after a court appearance today that he expects the case to be resolved by Dec. 11.

That's when the three defendants in the case will return to Batavia City Court.

The defendants, Gregory Phillips, 39, of Belvedere Lane, and Brian Bordinaro, 43, of Prospect Avenue, both city firefighters, along with 41-year-old Lance Engel, of Wade Avenue, who's a chef at the Western New York Veterans Home, appeared in court today with their attorneys.

After an appearance for his client Phillips, attorney Larry Andolina said that discussions were taking place that could resolve the case and he expected a resolution by Dec. 11.

Asked if that meant a plea deal, he said he didn't know. Asked if there's a chance the charges cold be dropped, he said, "there's always a chance." Asked if there were any new developments in the case, he said, "no." 

District Attorney Lawrence Friedman confirmed that his office and attorneys for the three defendants have been in discussions. He noted that the defendants have waived their right to a speedy trial in order for discussions to take place.

Judge Robert Balbick set today's appearance date six months ago, giving the prosecution and defense a chance to work a deal or time for the DA to submit the complicated case to a grand jury.

The case has apparently not yet been presented to a grand jury.

"Typically, a case does not go to the grand jury unless and until we are unable to resolve the case without doing so," Friedman said.

The three Batavia residents were initially charged with criminal possession of gambling records, a Class E felony. Later, an additional Class B felony charge of "enterprise corruption," under New York's racketeering statute, was added.

Attorney Thomas Keane, appearing for Engel, told Balbick that he has been in discussions with Friedman and in light of those discussions, he asked for the case to be continued until Dec. 11.

Andolina and Bordinaro's attorney, Joseph LaTona, also asked for an adjournment to Dec. 11.

Photo: Phillips arriving for court.

McKayla J. Kosiorek, 18, of 304 S. Jackson St., Batavia, Terrance M. Schramm, 22, of 9 Edwards St., upper, Batavia, Isaiah Johnson, 22, of 110 Walnut St., Batavia, Kassean L. Shannon, 20, of 119 State St., #4, Batavia, Matthew J. Reed, 28, of 141 State St., #3, Batavia, Anthony M. Manners, 21, of 354 W. State St., Albion, and Alicia M. Stankwick, 21, of 319 E. Main St., #2, Batavia, are all charged with criminal trespass, 3rd. The seven individuals are accused of trespassing at 10:53 p.m., Monday, at the New Life House of God Church on Swan Street, Batavia.

Some girls on Ross Street near Batavia Middle School are reportedly throwing rocks at passing motorists. A women whose car windshield was struck by a rock is at the police station filing a complaint and an officer is going to the scene.

The wife of a Batavia couple who were accused of welfare fraud will serve five years on probation, Judge Robert C. Noonan ruled in Genesee County Court today.

Deborah Schramm, 32, of Hutchins Place, Batavia, entered a guilty plea July 16 to attempted grand larceny, 3rd.

Originally, Schramm was charged with five counts of offering a false instrument for filing, 1st, and grand larceny, 3rd.

Her husband, Michael Schramm, was sentenced Sept. 7 to one-and-a-half to three years in prison after pleading guilty earlier to offering a false instrument for filing, 1st.

The Schramms will be required to reimburse the Department of Social Services $17,026.39.

The couple admitted to not disclosing Michael Schramm's full-time job at a farm in Niagara County from February 2011 through August 2011. During that time the Schramms were receiving financial assistance from DSS.

Cases of suspected welfare fraud can be reported to the Genesee County Department of Social Services Fraud Investigation Unit at (585) 344-2580, ext. 6417 or 6416. All calls are confidential.

Tyler J. Pratt, 16, of 41 Vine St, Batavia, is charged with criminal contempt, 2nd, menacing, 1st, and criminal possession of a weapon, 4th. Pratt allegedly called police at 11:35 p.m., Saturday, reporting a subject with a knife at a residence on Roosevelt Avenue. When officers arrived, they allegedly found Pratt in possession of the knife. Pratt reportedly ignored several orders to drop the knife and allegedly brandished it in a threatening manner toward officers. Pratt then reportedly attempted to flee and was taken into custody after a brief foot chase. Pratt is under court order to stay away from the residence of the alleged incident. Pratt was remanded to the Genesee County Jail on no bail. Officers who responded to the call were Frank Klimjack, Daryle Streeter, Eric Bolles and Jamie Givens.

Shari A. Yark, 50, of 4 Roosevelt Ave., Batavia, is charged with criminal contempt, 2nd, and endangering the welfare of a child. Yark is accused of allowing a person at her residence at 11:35 p.m., Saturday, who was barred from the residence and of contacting her daughter while allegedly knowing a stay away order of protection is in place.

Antonio Michael Giglia, 22, of Amherst Street, Buffalo, is charged with grand larceny, 4th, conspiracy, 5th, petit larceny, criminal possession of a controlled substance, 7th, and possession of burglary tools. Giglia was apprehended following a complaint of larceny at Target. The suspects allegedly left stolen merchandise behind and fled the store. Deputies later located the suspects' vehicle. Also arrested was Amanda Rose Renza. Renza is charged with grand larceny, 4th, conspiracy, 5th and petit larceny. The case was investigated by deputies Joseph Graff and Patrick Reeves.

Leon C. Bloom Jr., 30, of 5 Thorpe St., Batavia, is charged with burglary, 2nd, criminal mischief, 4th, and petit larceny. Bloom was taken into custody following a report of a burglary in progress Saturday at a location on Fordham Drive. Bloom was also charged with criminal obstruction of breathing, criminal mischief, 4th, petit larceny and harassment, 2nd. Those charges stem from an unrelated incident earlier in the day.

Kevin Edward Moscicki, 25, of Jakaub Road, Elba, is charged with DWI, driving with a BAC of .18 or greater, refusal to submit to breath test, failure to yield right of way for emergency vehicle and driving left of pavement markings. Moscicki was arrested following a report at 8:16 p.m., Thursday, of a hit-and-run accident on Route 33, Town of Batavia. The suspect vehicle rear-ended a car parked on the shoulder of the roadway and fled the scene. At 9:05 p.m., dispatchers received a report of a Chevy pickup with front-end damage that was stopped at the intersection of Route 77 and Gabby Road, Town of Pembroke. The pickup was located by Deputy Patrick Reeves. Moscicki is also accused of leaving the scene of a property damage accident and moving from lane unsafely.

Melissa A. Williams, of Lake Street, Le Roy, is charged with petit larceny. Williams is accused of stealing two cans of Four Loko from a convience store in the village. Williams allegedly still possessed one can when she was located by Le Roy PD.

John W. Williams III, of 8170 Batavia Stafford Townline Road, Batavia, is charged with DWI. Williams was arrested by Batavia PD on a warrant. Williams was jailed on $1,000 bail.

Danny D. Williams, 24, of 18 East Ave., upper, Batavia, is charged with harassment, 2nd. Williams is accused of punching another person in the face and grabbing that person by the hair during a domestic incident at 10:40 p.m., Saturday. Williams was jailed on $250 bail.

Steven J. Mancuso-Haitz Jr., 28, of 110 Bank St., Batavia, is charged with criminal contempt, 2nd. Mancuso-Haitz turned himself in on a warrant for allegedly sending a letter to a protected party.

Dashawn Butler, 33, of 101 Summit St., right side, Batavia, is charged with unnecessary noise. Butler is accused of hosting an excessively loud party at his residence.

Scott C. Brown II, 24, of 3490 S. Main St. Road, Batavia, is charged with unlawful possession of marijuana. Brown was reportedly asked to leave a local business for allegedly being unruly. When police arrived they found him allegedly in possession of marijuana.

Charges were dismissed in Federal Court in August against the one person arrested on the Tonawanda Indian Reservation as the result of a raid related to alleged synthetic drug sales at smoke shops.

Tiffany E. Greiner, 22, of Akron, was arrested in July on a single count of conspiracy and possession with intent to distribute a controlled substance analog intended for human consumption.

Joseph LaTona, her attorney, said this morning that the charges were dismissed because a witness was out of town and not available for a scheduled court appearance. The prosecution didn't want to adjourn the case, so LaTona moved to dismiss the charges and the judge granted the request.

Federal prosecutors still have the option to take the case to a grand jury and seek an indictment.

Barbara Burns, spokeswoman for the U.S. Attorney's Office in Western New York, declined comment on the dismissal, but said authorities continue to investigate the case related to the Tonawanda raids. She said authorities continue to seek witnesses or other people with information and encouraged members of the public to come forward with any information they might have related to the alleged sale of synthetic drugs at the reservation.

Damon Bradford, 18, of Scottsvile Mumford Road, Scottsville, is charged with criminal impersonation, 2nd. Bradford is accused of impersonating a parent and defrauding Elba High School.

Jeremy D. Lyons, 27, of Oakfield, is charged with criminal contempt, 2nd. Lyons is accused of violating an order of protection. Lyons was arrested by State Police and jailed on cash bail. No further details released.

Josue Garcia-Basilio, 28, of no permanent address, was arrested by State Police on an unspecified federal felony. Garcia-Basilio was jailed on a bail bond. No further details released.

Suzanne Dizak is indicted on counts of criminal possession of stolen property, 4th, and criminal possession of a controlled substance, 7th. Dizak is accused of possessing jewelry stolen from Target on April 1 when she allegedly knew the property was stolen. The total value of the jewelry was reportedly $1,171.58. On that same date, Dizak is accused of possessing heroin.

Brian P. Griffen is indicted on counts of burglary, 3rd, and grand larceny, 4th. Griffen is accused of breaking into a building on Fisher Road, Oakfield, sometime between June 12 and June 26 and stealing a dune buggy, Yamaha Kodiak 4-wheeler and a Honda dirt bike.

Luis Ramos Perez is indicted on felony counts of aggravated DWI and aggravated driving with a BAC of .08 or greater. Perez is accused of driving drunk May 6 on Route 262, Byron, with a child under age 15 in the car.

Sheri Lee Flint, 30, of Selden Road, Le Roy, is charged with identity theft, 3rd. Flint is accused of applying for a credit line in the name of another person and after receiving the credit card, making a purchase on credit.

Emily J. Walker, 19, of Sherman-Stedman Road, Sherman, is charged with criminal contempt, 2nd. Walker is accused of sending text messages to a person in violation of a court order.

Benjamin Santiago, 23, who made news June 1, 2011, when he was part of a group of men arrested at a local hotel for drug possession in a case that unraveled into an attempt by a suspect to flee, jail house violence and a conspiracy to commit murder, is back in custody.

Santiago was located in a parked car by Rochester PD and arrested on warrants for bail jumping, 2nd, and criminal possession of a controlled substance.

The former Batavia resident admitted in May to drug possession but was offered a chance by Judge Robert C. Noonan at a reduced plea and no jail time if he completed a substance abuse program.

Following his arrest in Rochester, Santiago was turned over to the Genesee County Sheriff's Office, arraigned and jailed without bail.

Kenyon Hanks Barnes, 27, of North Street, Le Roy, is charged with trespass. Barnes is accused of being on College Village property after being banned.

Joseph Henry Schenik, 21, of Mill Street, Le Roy, was arrested on a warrant for alleged failure to appear on a charge of criminal possession of property, 5th. Schenik was jailed on $500 bail or $1,000 bond.

Former Batavia resident Richard Lee Matson admitted in Genesee County Court today that he possessed and cashed a forged check.

The plea satisfies up to 15 such charges for which Matson will be required to make $4,500 in restitution.

Matson was arrested in July and accused of cashing forged checks in both the town and City of Batavia.

The Class D felony conviction carries a possible sentence of two-and-a-third to seven years in prison and as part of the plea, there is no sentence cap.

In court today, when asked, Matson told the court clerk he now lives at an address on Tracey Avenue in Northshire.

Sentencing is set for Jan. 9 and Matson is out of jail under supervision of Genesee Justice in the meantime.