crime

A larceny was reported at the Salvation Army Store on Jackson Street in the City of Batavia. Police are in the process of taking a report.

After striking a vehicle, two white male pedestrians ran from the scene, according to person in the parking lot of Walgreen's in Le Roy who called dispatch. The two males reportedly ran into traffic and struck the vehicle, words were exchanged between them and the driver, and they ran. This was in the area of Mill and Bacon streets and they were last seen running down Bacon Street.

The only other description is that one of them is wearing a long-sleeved black shirt and blue jeans. Le Roy police are on scene.

UPDATE 3:03 p.m.: Prior to this incident the suspects were seen inside the Sugar Creek convenience store and officers are checking there for possible IDs.

UPDATE 3:11 p.m.: Police are back in service. There was no report made.

A Batavia woman, convicted of drunk driving and parole violation, may be able to avoid state prison under a new multifaceted program.

Twenty-six-year-old Michelle Crawford appeared in Genesee County Court this morning. She was to have been sentenced for violating her probation following an accident in Byron.

She was also convicted of misdemeanor DUI charge in Erie County last March.

During her court appearance this morning, Judge Robert Noonan told Crawford that nothing other than state prison was appropriate in her case.

However, Noonan agreed to go along with a new program that allows Crawford to serve an interim probation involving in-patient alcohol treatment and supervision. It will also require that she wear a bracelet capable of detecting alcohol consumption.

Upon completing the program, Noonan said, Crawford may be able to avoid state prison.

The case was adjourned until Oct. 16 to allow her lawyer to set up the program, which is administered through the Buffalo City Court.

St. Joseph's School was reportedly burglarized on Thursday, according to Batavia police Det. Charles F. Dudek.

Police received a call that a window had been pried open to gain entry and a cash register was removed from a kiosk in the cafeteria. The register was found near the exterior of the school. There was an undetermined, but likely very small, amount of cash in the register at the time it was stolen. Nothing else appeared to be disturbed. The school is located at 2 Summit St.

Anyone with information that could aid the investigation may contact the detective at <Dudek@BataviaNewYork.com>, call dispatch at 345-6350, or call the confidential Tip Line at 345-6370.

A high-speed chase that started in Covington, made its way into Genesee County, and ended in Leicester may have begun because the driver had a revoked license, State Police say.

Shawn E. Wallace, 41, of Rochester, is charged with reckless endangerment, 1st, a Class D felony, unlawful fleeing of police and several traffic violations in multiple jurisdictions.

According to State Police, a trooper stopped a 2000 Mercedes on Route 19 in Covington on Friday for alleged traffic violations. Upon approaching the vehicle, the Mercedes allegedly fled at a high rate of speed.

Troopers pursued the vehicle into Genesee County on Route 63 and lost sight of the vehicle near Route 246.

Area law enforcement agencies were advised to be on the lookout for the vehicle and it was spotted a short time later on Route 20A, heading east toward Livingston County.

Troopers and Village of Perry police again attempted to stop the Mercedes and the vehicle allegedly fled at a high rate of speed.

During the second pursuit, the Mercedes allegedly nearly struck a state police vehicle head on.

The pursuit continued onto Perry Road into Leicester. After crossing Route 36, the Mercedes headed down a dead-end road and left the paved highway.

Following a short foot pursuit, Wallace was taken into custody.

Following arraignment, Wallace was placed in the Livingston County Jail without bail.

No injuries to either Wallace or law enforcement officers were reported as a result of the incident.

Laurie J. Lerkins, 35, of 8 Erie St., Le Roy, is charged with unlawful possession of marijuana. Lerkins was reportedly driving a vehicle stopped on Wolcott Street by Le Roy PD early Saturday morning for alleged broken tail lamp. Upon investigation, officers found Lerkins allegedly possessed multiple small bags of marijuana. During the stop, police identified Jose Del Carmen Hernandez-Zarate, 26, and with the assistance of the Border Patrol determined Hernandez-Zarate, who was reportedly working on a farm in East Bethany, was in the country illegally. Hernandez-Zarate was turned over to the Border Patrol for immigration proceedings.

Laszlo Szabo, 59, of 8687 Keeney Road Le Roy, is charged with felony DWI, aggravated driving with a BAC of .18 or greater and improper right turn. Szabo was observed Sunday night making an allegedly wide right turn of Mill Street onto Lake Street, crossing fully in to the oncoming traffic lane. Szabo was stopped by Le Roy PD and subsequently arrested.

Booker T. Ricks III, 41, of 7 Chestnut St., Apt. #1, Batavia, is  charged with criminal obstruction of breathing or blood circulation. Ricks was allegedly involved in a domestic incident and is accused of choking a victim.

John W. Williams III, 20, of 8170 Batavia Stafford Townline Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, improper right turn, uninspected vehicle and unlicensed operator. Williams was stopped at 2:09 a.m., Sunday, on West Main Street, Batavia, by Sgt. Dan Coffey.

Joseph Alan Home, 21, of West 5th Street, Erie, Pa., is charged with unlawful possession of marijuana. Home was stopped for allegedly speeding at 8:35 p.m., Sunday, on Ellicott Street Road, Batavia, by Sgt. Greg Walker. Home was allegedly found in possession of marijuana.

Raymond Kyle Jonathan, 23, of Bloomingdale Road, Alabama, was arrested on bench warrants related to charges of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Jonathan was arrested at his place of employment in Clarence and jailed on $250 cash bail or $1,000 bond.

Miguel Angel Valencia, 37, of Halfianen Street, Grand Junction, Colo., was arrested as a fugitive from justice. Valencia was an inmate at the Buffalo Federal Detention Center in Batavia. Valencia is wanted in California on a child molestation charge. Valencia was arraigned and jailed without bail awaiting extradition.

Jerrell Jordan Travis Jones, 24, of North Spruce Street, Batavia, was arrested on a warrant for alleged failure to pay fine. Jones was arrested upon his release from the Genesee County Jail, where he was held on an unrelated matter. Jones was arraigned on the charge and released.

Robert L. Murray, 36, of Darien, is charged with felony DWI. Murray was stopped by troopers Sunday on Route 5 in Batavia. Murray's BAC was allegedly .15, according to State Police.

Dylan T. Rotella, 19, of Rochester, is charged with unlawful possession of marijuana. A trooper reportedly came upon an unoccupied vehicle with its doors open outside a Batavia business and upon locating and interviewing Rotella, it was determined he allegedly possessed marijuana.

Robert L. Knight, 44, of Rochester, is charged with petit larceny, criminal impersonation and consumption of alcohol in a motor vehicle. Troopers responded Saturday to a report of a subject trying to steal scrap metal from Bergen Auto Recycling. Employees of the business detained Knight briefly until troopers arrived. Upon arrival, troopers determined Knight allegedly hid scrap metal in the trunk of his vehicle. When interviewed, Knight allegedly provided troopers with a false name. He was jailed on $1,000 bail. Robert L. Knight Jr., 18, of Rochester, was determined to be the alleged driver of the vehicle and he was charged with unregistered motor vehicle, uninsured motor vehicle, switched plates, and operating without a driver’s license.

A man claims his girlfriend struck him with her vehicle in the parking lot behind the Genesee County Jail on Main Street. He reportedly has an arm injury. The driver has since left the scene. City police and Mercy medics are on scene.

The amount of money that former Bergen resident and convicted felon Michele Ann Case will have to repay her former employer is still unresolved following a hearing in Genesee County Court on Thursday. The hearing is to be continued at 4 o'clock, Monday, Nov. 5.

The registered nurse, found guilty by a jury of third-degree grand larceny in March, supposedly took $14,650 from her former employer. That's the amount HomeCare & Hospice maintains it paid Case based on inflated mileage records and fraudulent "call in" claims she submitted between January 2009 through January 2011.

In addition, the company is seeking reimbursement for $7,000 it says it spent to investigate Case.

But claiming it and proving it to Judge Robert C. Noonan are two different matters entirely.

Under state law, a person convicted of third-degree grand larceny, a Class D felony, must pay restitution of $3,000 or more -- but it cannot exceed $50,000.

So, she'll have to pay at least $3,000 but any amount over that is something the judge must decide based on the proof provided.

He set an attorneys' conference on Oct. 11 wherein Public Defender Gary Horton and District Attorney Lawrence Friedman will update the judge on the status of evidence to be culled from trial transcripts and affidavits, testimonials or other sources to pin down how much money Case will be required to repay.

The transcripts are completed but they need proofreading before they can be released. The transcripts are also necessary because Case is appealing her conviction. She was sentenced to four months of intermittant jail time and five years probation.

On Thursday afternoon, Horton called four of the six witnesses present to testify. In his low-key style, leaning on the corner of the defendant's table with his right hand in his pocket, he questioned the women about their investigation of Michele Case.

Deborah Browne, the company's nursing services manager who works at the Warsaw office, testified that she pored over paper charts to verify Case's documentation of her nursing visits for the period of April through September 2011 logged to the Warsaw office.

Browne said she met with the human resources director and reviewed the information with her. When paper files were missing information, she attempted to find the information in the company's electronic database. She said they were in the process of transferring paper files into electronic databases.

Horton asked her to estimate how many paper files she reviewed. She indicated with her hands that she reviewed a rectangular box about three and a half feet long, and said it was full of about 40 to 45 files that documented nursing visits. Of those, she thinks "30 to 40" visits were questionable, but said she couldn't remember and that she couldn't always backtrack through the labyrinth and locate the patient.

She checked the paper cargo on several occasions but did not keep track of her time while specifically performing this task.

The 56 hours she swore to spending on her investigation in a signed affidavit were an estimate, she said, adding that the work also included meetings, phone calls, etc.

Friedman objected, and questioned the testimony's relevancy.

"I'm trying to ascertain the bulk of the work for those hours," Horton said.

Noonan overruled the objection.

"Did you prepare any written report of your findings?" Horton asked.

Browne said she made notes and passed them along to her supervisor. They were maybe a page long and took her 15 to 30 minutes to write, but she didn't keep track of her memo-writing time.

Altogether, she figures she spent "at least 59 hours" on the Case work.

On cross examination, Friedman seized on the inconsistency of her time estimates -- in the affidavit, she swore to 56 hours, now she says it was 59 hours or more.

Either way, Horton countered, they are both simply estimates.

Kathleen Miller, the director of clinical services, testified that "we had so many visits where we could not find the patient. ... That was quite an expensive search -- matching the patients with the visits."

When asked if she could quantify the number of patients or visits or the time spent matching them up, Miller replied "I can't tell you that, sir."

Miller said she reviewed the paper files of mileage claims for the Olean, Batavia and Warsaw offices. But to determine where Michele went, they had to access the patients' electronic records.

"How often did you have to do that?" Horton asked.

"I can't say -- hours," Miller said, adding that if she needed to travel, say, from Olean to Batavia to investigate, it could turn into "a 10-hour day."

Under Horton's questioning, Miller went on to testify that she did not put her findings in writing. If a visit couldn't be documented, there was no note made of the fact. She said she did not keep track of time she spent investigating; and that all throughout she was doing other tasks as needed.

Horton asked her if Browne had sent her a memo about the investigation, which Browne earlier testified to doing.

"I'm not sure, that was months ago," Miller said.

"Do you think you have anything like that (memo) in your possession?" Horton asked.

"I find it unlikely," Miller said.

Jodi Miller, an executive assistant for HomeCare & Hospice, testified that she was asked to help prepare for the lawsuit by searching MapQuest for mileage determinations, sending emails, faxes, setting up meetings, etc.

"How many MapQuest mileage determinations do you think you made?" Horton asked.

"I can't say," Jodi Miller said. "Weeks of my time was taken up with this."

Her affidavit specified 78 hours and she said that was an estimation because she did not make note of the time she spent on her lawsuit-related work.

Well, then, how did you arrive at the estimate of 78 hours? Horton inquired.

"One week (my supervisor) was gone all week and I spent that time (on the case) and then a couple of days before that," the executive assistant said.

At one point, Horton asked her if she recalled making copies of documentation for the former human services director and she did indeed.

"How many copies did you make?" Horton asked.

"I have no idea," she said.

The last witness to take the stand was an eight-year employee of the company, Kimberly Childs, an administrative specialist.

She testified that her boss asked her to verify Michele Case's nursing visits.

"How many?" Horton asked.

"There were a lot," Childs said, adding that she figures she spent two hours a day, three times a week on the task for a month.

But Horton noted that the company's CEO had indicated in the court record that Childs put in 14 hours.

"(The CEO) probably wasn't aware of how much I was working on it," Childs said.

After the witnesses' testimony, Friedman asked that the mileage and staff time spent by the employees of HomeCare & Hospice to come and testify Thursday be documented and put into the court record.

Horton told Judge Noonan that he saw no reason to include that in the record.

"Make a claim. We can hash it out like everything else," Noonan said.

Then Friedman asked the judge to allow him to question the defendant about her income and household expenses. They are relevant because they will be used to determine her monthly restitution payment, which is set to start Oct. 1.

Friedman said she provided handwritten notes about what she purports to be her income and her estimated household expenses but hasn't testified about them under oath.

Case took the stand and testified that she now lives with her mother and two children in Attica and pays no rent. Her home is in foreclosure. She has two jobs -- one at an abrasive products company in Lockport and one cleaning offices in Akron. During her trial, it was noted that she also receives $600 a month in child support.

She estimates that beginning Oct. 1, she will begin paying $550 a month rent for an apartment in Attica.

But under questioning by Friedman, she acknowleged that she does not have a lease signed and has not talked to the prospective Brooklyn Street landlord. She said her mother has spoken to him, but she doesn't know his name.

The DA questioned her $261-a-month car insurance payment and she said it was high because she had wrecked, "totaled," two vehicles within a 21-day period. Plus, she has monthly payments on a five-year loan for her current vehicle which she took out in January.

Laundry costs were also included in her household expenses.

"You mean your mother doesn't have a washing machine?" Friedman asked.

Case explained that, yes, her mother has a washing machine, but her estimate was based on her previous use of a laundromat, which she'll resume using once she's in the apartment she plans to rent.

She also based a claim of $175 a month for electricity on the amount she said she had been paying at her house that's in foreclosure.

"Nearly half the expenses she claims are for an apartment she doesn't have, owned by a landlord she's never met," Friedman subsequently told the judge, noting that it is all very "speculative."

The judge agreed and ordered Case to bring proof of employment when she returns for the conclusion of the hearing in November. Plus, he ordered her to make a lump sum restitution payment of $500, which is handled by the probation department, and provide proof of it.

Regarding her ongoing restitution payments, Noonan reminded counsel that the amount of the payments can be modified, but no additional victims can be added after restitution is set.

Thus, HomeCare & Hospice's insurer would need to be added as a claimant so Case can be required to pay the $1,000 deductible on HomeCare & Hospice's policy, which covered its losses.

Melissa Anne Williams, 42, of Lake Street, Le Roy, is charged with petit larceny. Williams is accused of stealing $33.57 in merchandise from the Bergen Sugar Creek.

Mark Wayne McWethy, 44, of South Main Street, Batavia, is charged with petit larceny. McWethy is accused of shoplifting from Kmart.

A former resident of Prestige Circle in Batavia has been indicted in Ontario County of 340 counts of sexual abuse.

Michael S. Lewis is accused of sexually abusing two girls in Bloomfield. According to WGRZ, he entered a not guilty plea in Ontario County Court.

The crimes were alleged to have occurred between April 2010 and November 2011 in two homes in Bloomfield.

The alleged victims were between age 12 and 14.

Lewis, who faces up to a maximum of four life sentences, is being held in Ontario County Jail on $250,000 bail.

The indictment includes eight counts of predatory sexual assault against a child and four counts of endangering the welfare of a child. There were reportedly two children who witnessed the alleged crimes.

The case has been set for trial Feb. 25.

Matthew James Vandorn, 22, of Trumbull Parkway, Batavia, is charged with criminal possession of stolen property, 5th, unlicensed operation, switched plates, unregistered motorcycle and no insurance. Vandorn was arrested after Deputy Joseph Graff stopped him at 10:41 p.m., Wednesday, to check on a motorcyclist in a parking lot off Route 63 in Pavilion. The license plates on the motorcycle were allegedly stolen property.

Robert P. Leiser Jr., is indicted on three counts of aggravated criminal contempt in the first degree, two counts of assault in the second degree, reckless endangerment in the second degree and criminal contempt in the first degree. Leiser is accused of causing serious physical injury to a person under protection of a court order on July 24 in the Town of Alabama. He is accused of hitting the person with a flashlight causing serious physical injury. He is also accused of driving in a reckless manner, at a high rate of speed and without obeying traffic devices, with that person on a motorcycle while the protected person was not wearing a helmet. He is also accused of threatening that person with a flashlight.

Bradley J. Broadbent is indicted on three counts of criminal mischief in the fourth degree, criminal trespass, burglary in the second degree and petit larceny. Broadbent is accused of damaging ceilings in three bathrooms and the sink in one bathroom at the Liberty Square office complex at between 3 and 3:30 p.m., July 6. On the same date, at 4:05 p.m., Broadbent is accused of damaging the door frame and door plate of an apartment on Hutchins Street. He is accused of entering that dwelling without permission. On the same date at 8:13 p.m., he is accused of damaging the exterior door of a residence on Tracy Avenue. He is accused of entering that residence with the intent of committing a crime once inside. He is accused of stealing a pair of shorts and a Buffalo Bills blanket from the residence.

Connie L. King is indicted on a misdemeanor charge of DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation. King is accused of driving drunk May 28 on Dodgeson Road, Alexander. She was previously convicted of driving while ability impaired in June 2009 in the Town of Batavia.

The grand jury also returned a "no bill" (meaning, the grand jury found insufficient evidence to sustain the charges) in the case of Leeann Marchese, who was accused of burglary in the second degree. The charge stemmed from an incident in the Town of Stafford on April 3.

A 42-year-old man who allegedly reported a gang-style assault during a graduation party in July has been arrested by Le Roy PD on a variety of charges, including making a false report.

Mark E. Cheeseman, of Le Roy, reportedly filed a report with police alleging a fight on Elm Street that he said left him severely injured.

He is said to have signed two sworn depositions alleging the fight and attack.

It turns out, according to investigators, that Cheeseman was the alleged instigator of any confrontation that night.

Cheeseman allegedly grabbed the buttocks of a woman, which led to a fight with other guests at the party.

The altercation reportedly spilled out of the residence and down Elm Street.

Cheeseman allegedly trespassed on another property and would not leave after being told to do so. He allegedly pushed another woman at that location.

Det. John Condidorio drove to Buffalo Criminal Court today and picked up Cheeseman on a warrant.

The charges against Cheeseman include forcible touching, two counts of filing a false written instrument, second-degree harassmen, and trespass.

He was arraigned and jailed on $1,500 bail.

No other arrests are expected in the case.

A Rochester man accused on two different occasions of selling cocaine in Batavia was given a prison sentence of four years Tuesday, and the time will be served concurrently with a prison term he's already serving on Monroe County charges.

Thomas L. Hill Jr., 22, entered a guilty plea June 29 to two counts of criminal possession of a controlled substance, 5th.

He originally faced four counts of criminal possession of controlled substance, 3rd, following arrests for selling cocaine on Oct. 8 at 335 Bank St., Batavia, and on Jan. 7 at 174 Ross St., Batavia.

Hill received two years on each of the counts he entered a guilty plea on, which will be served consecutively.

A Sheriff's deputy is responding to a complaint that someone is attempting to remove parts from the scene of a plane crash that occurred in August off Brooksville Road in Alexander.

A pilot dusting a sweet cornfield spotted a wire stretched over the field and in an attempt to avoid it, he crashed his plane. Louis C. Christie, 48, of Stephentown, was unhurt.

The plane was a 1974 Piper Pawnee D Spray Plane. The fuselage of the plane was largely undamaged.

FAA inspectors were called to the scene and the accident was investigation by the FAA and the Sheriff's Office. Their findings have not been released.

UPDATE 11:48 a.m.: According to Chief Deputy Gordon Dibble, the plane's owner or a representative of the owner is at the crash site specifically to remove remains of the wreckage and law enforcement assistance/supervision was requested.

Lori L. Mullen, 45, of 101 State St., Batavia, is charged with grand larceny, 3rd, and four counts of possession of a forged instrument, 2nd. Mullen is accused of taking the checks of an acquaintance, the forging the checks and cashing them. Mullen allegedly received more than $5,000. Mullen was released under supervision of Genesee Justice.

Cynthia Owens, 37, of 28 Buell St., Batavia, is charged with criminal trespass, 2nd, criminal mischief, 4th, harassment, 2nd and endangering the welfare of a child. Owens alleged forced her way into the apartment of an acquaintance on Ross Street, damaging the door in the process. She allegedly hit the resident in the presence of a child. Owens was jailed on $1,500 bail.

Shane Zimblis, 41, of Hutchins Street, Batavia, is charged with promoting prison contraband. Zimblis is accused of bringing "dangerous contraband" into the Genesee County Jail while serving a weekend sentence. No further information provided.

Ryan Nicholas Bartholomew, 18, of Adams Street, Batavia, is charged with trespass. Bartholomew allegedly entered private property on Kelsey Road, Batavia, without permission and caused car alarms to sound with the intent of disturbing the property owner. Also charged with trespass was Kyle James Bump, 19, of West Main Street Road, Batavia.

Jeremy Adam Schultz, 22, of Buffalo Street, Attica, is charged with criminal mischief, 3rd, and petit larceny. Schultz is accused of damaging an umbrella stand and stealing a security camera by prying it off a building on Attica Road in Alexander, damaging the camera and the wall.

A Niagara Falls police officer accused of hitting a fellow concertgoer inside a women's room at Darien Lake Performing Arts Center on Aug. 25 could face a Class A misdemeanor charge of assault in the third degree, according to her attorney.

Attorney Norm Effman, out of Warsaw, said he was retained today to represent Kelly L. Alcorn (top photo), a 23-year veteran of the police force, who was initially arrested on a Class B misdemeanor charge of harassment, 2nd.

A woman who claims she was the victim of Alcorn has reportedly contacted the District Attorney's Office requesting more serious charges be levied against Alcorn.

Elizabeth R. Dake, 45, of Farmington, reportedly told the Buffalo News that she suffered a concussion and bruises and that she missed nine days of work as a result of the confrontation.

The fight, according to court documents, appears to have involved at least four women and may have escalated after Dake intervened on behalf of a woman Alcorn was yelling at, according to her statement, for cutting in line.

Dake reportedly told Alcorn to relax and stop yelling.

Alcorn then allegedly turned on Dake and punched her and threw her into a bathroom wall. Dake fell to the ground and Alcorn allegedly began hitting Dake while she was down.

An uninvolved witness reportedly told Deputy Lonnie Nati that Alcorn was "flailing her arms like a windmill throwing wild punches."

Another witness reported seeing Alcorn use a closed fist to allegedly strike Dake.

Also arrested that night was Karen M. Walker, 35, of Niagara Falls, on a charge of harassment, 2nd. Walker allegedly hit another patron who tried to prevent Alcorn from allegedly hitting Dake.

Effman told Darien Town Justice Gary Graber that he was informed today that a new charge of third-degree assault could be filed against his client.

Outside of court, Effman said it's his understanding the investigation is still open, which means Alcorn may yet face a felony charge.

A felony charge, such as assault ,2nd, would likely jeopardize Alcorn's law enforcement career.

Effman said both the prosecution and defense are awaiting medical reports, which will provide details on the seriousness of the alleged injuries and determine the charge to file against Alcorn.

Assault, 3rd, requires only injury to the victim and assault, 2nd, requires serious physical injury.

Today, hours prior to Alcorn's appearance in Darien, District Attorney Lawrence Friedman said no decision has been made yet on what charges Alcorn may face.

In court, while waiting for her case to be called, Alcorn sat with Walker. After her case was over, Alcorn waited for Walker's case to be heard -- Walker also pled not guilty -- and the two women left the courthouse together.

Alcorn is scheduled to reappear in Darien Town Court on Oct. 23 and Walker on Sept. 25.

Asked if there are two sides this story as there are to every story, Effman said, "There’s always three sides to every story. It depends on how many people and how they view events. We don’t really know what’s going to happen. We haven’t seen any medical evidence. We’re simply at the beginning of the process. We’ve entered a plea of not guilty and that’s our position."

A 22-year-old man admitted in Genesee County Court today to illegal sexual intercourse with a girl age 15 years of age or younger.

Jonathan Garcia entered a guilty plea to rape in the second degree with no sentence cap in satisfaction of charges that also included rape in the first degree (forcible rape) and sexual abuse.

Garcia faces a sentence of up to seven years in prison and will be sentenced Nov. 15.

When Garcia was asked to admit to factual allegations by Judge Robert C. Noonan, Garcia balked admitting to sexual intercourse on May 16.

"I was there, but there are witnesses who were there who said I didn't do it," Garcia said.

Under questioning, however, Garcia admitted to sexual intercourse with the girl at another, unspecified, time.

District Attorney Lawrence Friedman suggested the charging document be amended to cover the time frame of May through June rather than specifically May 16.

The crime took place in the City of Batavia.

A Pavilion man who was arrested multiple times in early spring will serve two to six years in state prison on a third-degree-burglary conviction.

Joshua Lanair Webster, 25, of 7882 York Road, Pavilion, admitted to the burglary charge June 28 and was sentenced in Genesee County Court on Monday.

Webster was identified as the suspect in one crime after a picture of him walking through Batavia Downs was posted on The Batavian.

In April and May, in various unrelated incidents, Webster was charged with aggravated unlicensed operation, 2nd, leaving the scene of a property damage accident and failure to yield right-of-way, burglary, 3rd, grand larceny and criminal mischief, 4th, and criminal possession of a controlled substance.

UPDATED Tuesday, 8:36 a.m. with additional info from Sheriff's Office press release.

A Finger Lakes-area woman has reportedly written the District Attorney's Office and requested charges against a woman arrested at the Aug. 25 Jason Aldean concert be upgraded to a felony.

The suspect, 47-year-old Kelly Alcorn, is a 23-year veteran of the Niagara Falls Police Department, according to the Buffalo News.

Alcorn, of Town Hall Terrace West, Grand Island, was arrested at the concert for second-degree harassment, but Elizabeth Dake, 45, in a letter she sent to the News, describes a more serious attack.

Dake said she suffered a concussion and bruises and she missed nine days of work.

According to the News article, Dake accuses Alcorn of slamming her into a cement wall, punching her in the head, neck, arm and back.

A Sheriff's Office press release alleges that Alcorn punched a female in the face several times. Alcon was issued an appearance ticket returnable to Darien Town Court at 5 p.m. today.

Niagara Falls Police Superintendent John R. Chella said the department is awaiting a determination on whether the charges will be upgraded. A felony charge could cost Alcorn her job.

Full Story from the Buffalo News.