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Twelve jurors selected for Simmons trial, but no alternates named yet

By Howard B. Owens

Twelve Genesee County residents have been selected to serve on the jury of the Jacquetta Simmons case.

A pool of potential jurors are being drawn for consideration as alternate jurors. The potential alternates will be interviewed after the lunch break.

Simmons is being tried on a single count of assault in the second degree with an accusation of being more than 10 years younger than the alleged victim who is over age 65.

The 27-year-old Batavia woman is accused of hitting a 70-year-old Walmart cashier on Christmas Eve.

UPDATE 3 p.m.: Three alternate jurors have been selected. The jury is comprised of 10 women and two men. The three alternates are women. Judge Robert C. Noonan is delivering instructions and the trial will start tomorrow.

First eight jurors selected in case of Walmart customer who allegedly punched employee

By Howard B. Owens

The first eight members of the jury in the Jacquetta Simmons trial were selected today in an day-long session aimed at weeding out those who may not be able to fairly weigh evidence in the case.

Local and regional media coverage of the 27-year-old Simmons, who allegedly punched a 70-year-old employee of Walmart on Christmas Eve, has been intense and each prospective juror was asked how he or she found out about the case.

Jurors who read about the story in print and online and admitted to drawing a conclusion about the guilt or innocence of Simmons didn't make the cut.

The eight selected, along with most of the remaining prospective jurors -- 12 must be selected, plus alternates -- either hadn't heard about the case prior to today or had minimal media exposure, such as hearing or seeing a broadcast report in December.

While District Attorney Lawrence Friedman and defense attorney Earl Key quizzed prospective jurors about media coverage, they also focused on issues ranging from how views on race might impact their ability to weigh the evidence and whether they had any other conflicts of interest.

The jury selection process began at 10 a.m. with 73 prospective jurors from throughout Genesee County. The first 18 were seated in the jury box in a random drawing. Judge Robert C. Noonan then quizzed jurors about their prior knowledge of the case.

While some jurors disclosed prior knowledge and made-up minds, they weren't asked immediately to leave the jury box during the morning session. All were eventually dismissed however. In the afternoon, after the first eight jurors were sworn in, Judge Noonan began dimissing prospective jurors as quickly as they expressed any sort of fixed bias in the case.

After the first eight were chosen, the other 10 remaining in the jury box were dismissed and a second group of 18 were seated. By 5 o'clock, there were 18 men and women in the box who expressed no obvious bias or conflict of interest and that was how the day ended.

In the morning session, with the initial group of prospective jurors, Friedman and Key questioned the group and individual jurors.

Friedman started off by asking questions about the ability of jurors to weigh evidence based on what was presented in court, without any outside influence, and whether they could fairly judge circumstantial evidence. He asked whether jurors could recognize truth from falsehood, and more specifically, how they might judge intent, and if they've had experiences, pro or con, with store employees asking to review a receipt for purchases.

In order to win a conviction, the prosecution must is prove Simmons intended to seriously injure the alleged victim.

Simmons is also the first person in Genesee County charged under a two-year-old New York law which makes it a more serious violent felony for a person more than 10 years younger to hit a victim 65 years of age or older.

Friedmen asked prospective jurors if they had any objection to such a law and none present did.

Then the DA wanted to know if each prospective juror could make his or her decision based on the facts and evidence in the case, with no bias based on race -- the defendant is black and the alleged victim is white.

All prospective jurors, which at this time included one African-American man, said race would not be a factor.

Key also asked questions about weighing evidence fairly, and just before asking his first race-related question, he wanted to find out if any of the jurors might succomb to peer pressure.

He asked a female juror, "If (the African-American prospective juror) absolutely believes my client is absolutely guilty and you don't, will you cave in?"

The woman said she wouldn't.

Key, then said, "I don't don't expect this case to be about race whatsoever, because it will be decided on the facts of the case, but would you tend to one side or the other because of race?"

Key, whose courtroom demeanor is affable and even jocular at times, wanted to know if any jurors harbored racial bias.

"I've had people tell me they don't like black people and it's absolutely fine," Key said with a broad smile. "Just don't come over to my house."

Nearly all of the prospective jurors laughed. None revealed any sort of racial bias.

Race could be a factor in the case because Simmons allegedly made racially charged comments during the encounter with alleged victim Grace Souzzi.

By the afternoon, the lone black in the prospective jury pool had been sent home with no explanation given for his dismissal.

After the hearing, Key said he didn't want to comment on the jury selection while the process was ongoing. He also said "I don't want to try the case in the media," and that everything would be clear after opening statements.

In all, more than two dozen prospective jurors were dismissed after revealing they had read about the events either in print or online media and formed an opinion based on those reports.

Fewer than a half dozen of the 60 or so prospective jurors hadn't heard of the case at all prior to today.

The Batavian first broke the story of a person hitting a Walmart employee on Dec. 24 and first reported the arrest of Simmons on Dec. 25.

Other regional media outlets started reporting the story on Dec. 26. Many of the prospective jurors who hadn't followed the case closely said they first heard about the case on television, radio or read it in a newspaper around that time.

As the proceedings concluded today, there are 18 prospective jurors in the jury box and 14 in the gallery whose number hasn't been called yet.

Jury selection resumes at 10 a.m., Tuesday. Once the panel is selected, Noonan will spend about an hour on jury instructions and then the defense and prosecution will offer opening statements.

CLARIFICATIONS: While no explanation was given for the dismissal of the prospective African-American juror, that procecure applies to numerous other prospective jurors who were dimissed for cause or as part of either defense or prosecution challenges. The point we meant to make is that while it was clear why several of the prospective jurors were dismissed, we don't know the reason this (as with several others) juror was dismissed. Also, the prosecution needs only to prove intent to cause physical injury. Simmons is being tried on a single charge of assualt, 2nd, being a person 10 years younger against a person over age 65. The original charge of assault, 2nd, was reduced to assault, 3rd, (a misdemeanor) by Judge Noonan. Following the ruling, the prosecution moved to dismiss the assault, 3rd, charge.

Got gas? Someone siphoned it from lawnmower in Bergen

By Billie Owens

A Sheriff's deputy is responding to a larceny complaint at the Barbery Coast Mobile Home Park, located at 7862 Clinton St. Road, Bergen. The resident at Lot 16 says someone stole every drop of gas from his lawnmower.

Law and Order: Man arrested after short foot chase with police

By Howard B. Owens

Brett R. Doward, 26, 411 W. Hickory St., East Rochester, is charged with obstructing governmental administration, 2nd, criminal possession of a controlled substance, 7th, and possession of a controlled substance not in it original container. Following a report at 12:06 a.m., Sunday, of a disturbance on Hall Street, Batavia, Batavia PD received the description of a person allegedly involved and the vehicle he allegedly used to leave the scene. Officer Jason Ivison spotted a vehicle matching the description on Ellicott Street. The vehicle fled and pulled into a driveway on Liberty Street. Doward allegedly jumped from the vehicle and ran. After a short foot pursuit, Doward was taken into custody. Doward was released on an appearance ticket. BPD was assisted by the Sheriff's Office and State Police.

A 17-year-old resident of North Main Street, Perry, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Jeremy Dean Lyons, 27, of Judge Road, Oakfield, is charged with criminal mischief, 3rd, unauthorized use of a motor vehicle, 3rd, aggravated unlicensed operation, 3rd and unlicensed operation. During a domestic dispute with his girlfriend, Lyons alleged damaged property and then allegedly took a vehicle without permission and drove the vehicle on a suspended license.

Jeremy Dean Lyons, 27, of Judge Road, Oakfield, is charged with criminal contempt, 2nd. While housed in the Genesee County Jail, Lyons allegedly violated an order of protection by contacting the protected party.

Terri Marisa Doctor, 33, of Council House Road, Basom, is charged with DWI. Doctor was taken into custody on a Town of Pembroke warrant issued in November 2012 for allegedly failing to pay a fine on a DWI convictions. Doctor was jailed on $1,500 bail.

Spencer Todd Grimes, 18, of Goodrich Street, Albion, is charged with trespass. Grimes is reportedly a former employee of Darien Lake who was accused of stealing and barred from the property. Grimes was allegedly on the property Saturday morning.

Nicholas Lamont Santos, 19, of Gillette Road, Albion, is charged with trespass. Santos is reportedly a former employee of Darien Lake who was accused of stealing and barred from the property. Santos was allegedly on the property Saturday morning.

Randy Lee Ridd, 55, of Swamp Road, Byron, is charged with grand larceny, 4th, and trespass. Ridd is accused of trespassing on the property of a business in Bergen and stealing metal plates. Also charged was Corretta Melissa Pitts, 44, of Swamp Road, Byron.

Brandon Monteleon, 20, of 57 Church St., Le Roy, is charged with criminal obstruction of breathing or blood circulation and harassment. Monteleone was arrested following an alleged disturbance on Church Street between the defendant and another individual.

Daniel S. Platt, 31, of 53 Lake St., Le Roy, is charged with criminal obstruction of breaking or blood circulation and one count of unlawful dealing with a child and harassment, 2nd. Platt is accused of placing his hands around the neck of a victim, causing difficulty breathing. He's also accused of serving alcohol to a person under age 21.

Andrea M. Gray, 34, of 14 Lake St., Apt. #2, Le Roy, is charged with harassment, 2nd, and reckless endangerment, 2nd. Gray reportedly had an argument with an acquaintance on Lake Street. Gray allegedly pushed the victim, causing the victim to fall backward. The victim's head struck a driveway. Gray is also accused of sitting on the victim and pulling the victim's hair. Gray was jailed on $1,000 bail.

Building vandalized on Attica Road

By Billie Owens

A building at 1991 Attica Road, on the site of a quarry, has had its windows smashed and a door busted open. Sheriff's deputies are responding.

Four arrested at Def Leppard/Poison concert at Darien Lake

By Howard B. Owens

The following arrests were made by the Sheriff's Office in connection with Def Leppard/Poison concert at Darien Lake Performing Arts Center:

Sarah B. Blevins, 22, of E. Bayard Street Extension, Seneca Falls, is charged with disorderly conduct and resisting arrest after allegedly causing a disturbance at the Sumner Road employee entrance to Darien Lake and then refusing to be taken into custody. Blevins was arraigned in Darien Town Court and remanded to jail in lieu of $500 bail.

Blanca Compton, 49, and Brian L. Compton, 46, both of Route 414, Lodi, are charged with obstruction of governmental administration, 2nd, and disorderly conduct after allegedly interfering with deputies making another arrest and engaging in violent tumultuous behavior. Both suspects were arraigned in Darien Town Court and both were remanded to jail in lieu of $500 bail each.

Lorraine A. Goodell, 38, of Railroad Avenue, Waterloo, is charged with trespass after allegedly refusing to leave the concert venue. Goodell was arraigned in Darien Town Court and remanded to jail in lieu of $250 bail.

Benjamin Rosputin, 31, of Kaymar Drive, Amherst, is charged with harassment, 2nd, after allegedly shoving a CSC security guard inside the venue.

Thief who bilked elderly victims of hundreds of thousands of dollars gets the max

By Billie Owens

Before being handed the maximum sentence possible in county court today, caregiver Heidi L. Schollard was described as ruthless, narcissistic, thoughtless, manipulative, dangerous, relentless, remorseless, predatory, cruel, selfish, without mercy and completely clueless as to the gravity of her crimes.

The 40-year-old Batavia woman and mother of two who bilked two elderly patients out of hundreds of thousands of dollars was given up to seven years in prison. In May, she pled guilty to four felonies -- three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony.

On the latter conviction, she got one-and-a-third to four years in prison, and for the other crimes she was given two-and-a-third to seven years. These will be served concurrently under the terms of a plea agreement with the District Attorney's Office.

The caregiver was initially arrested in December 2010 for allegedly stealing about $250,000 from a Batavia resident. She was out of jail during the proceedings in that case and was arrested again in March and accused of defrauding another elderly person. The victim in that case is a resident of the Town of Alabama.

When asked about what some may consider a good deal for the defendant, District Attorney Lawrence Friedman said afterward that "there were no assurances with this case" if it had gone to trial. That's because the simple fact that the victims needed a caretaker could call into question their capacity to testify and communicate about the case.

"It is already a hole in the balloon," said a relative of a victim outside the courtroom.

"If Heidi says she was given gifts of money, how do you prove they weren't?" Friedman said, "It's not a slam-dunk and unless you know all the facts of the case, it's easy to -- like the judge said -- be critical."

Schollard, who lives at 161 Bank St., was also ordered to pay restitution to the first victim of $265,131 and $42,026.57 to the second one. In addition, she has to repay the state Department of Taxation and Finance $23,414 and another $2,485 to the NYS Department of Labor. When you tack on another 5-percent surcharge requirement, the order comes to nearly $350,000.

But no one in the courtroom seemed to believe full monetary restitution will ever be made -- certainly not in the victims' lifetime, nor likely in the defendant's lifetime.

In the meanwhile, the victims are having to liquidate many of their assets. And their families are left to pick up the pieces of all the broken lives, according to their testimonies and in letters filed with the court.

The first speaker this afternoon identified himself as a victim's son and told Judge Noonan:

"We were an average American family -- we spent the holidays at my parent's house, Thanksgiving, Christmas, birthdays. We had bumps, but we all got along. Then Heidi came into the house and started to change everything. She moved around the furniture. She did things her way. It became Heidi's house. I didn't even like to enter the house. It felt foreign."

Add this to the mix -- Heidi's in a romantic relationship with his nephew and now the lines of communication in the family are strained.

"We're no longer a family, we have no base anymore, it's gone," he said, choking back his tears.

The next speaker said his aunt was a victim and that Schollard first came into the picture in 2006 when she was highly recommended as a caregiver. In time, the employee's actions resulted in his aunt not being able to live out her years in the lovely home she had had all her life.

"She ruthlessly and thoughtlessly manipulated my aunt to further her criminal plans," the man said.

His aunt experienced a "profound loss of trust, deep depression, self recrimination and has lost her will to live and this has impacted her health."

The nephew went on to say that besides stealing huge amounts of money via hundreds of fraudulent checks and ATM transactions, she continuously violated basic personal boundaries.

As an example of Schollard's manipulative behavior, the nephew said she frequently introduced herself to people as the woman's daughter or granddaughter. She even insisted on being allowed to sit in on his aunt's sessions with her psychiatrist. But the doctor refused and deemed Schollard to be "dangerous."

When his aunt was placed in an assisted-living facility, he said Schollard would go there, after being told to have no contact with her, and not sign in at the front desk. She'd leave with his aunt and then bring her back just in time for her meds so she wouldn't be missed. She gave his aunt a cell phone and only Schollard knew the number to it. Ultimately, he says Schollard tried to move his aunt out of the facility. And not long ago, she tried to contact his aunt in violation of a court order, the nephew said.

A CPA, who had been one of the victim's tax advisor for 25 years and is now a financial co-guardian of the estate, said that in his entire 35-year career, he has never encountered such an egregious example of elder abuse. The accountant said that in the week leading up to a family meeting about the forensic examination of the victim's financial records and the dispensation of 249 checks, Schollard misappropriated $50,000 and covered her tracks by cooking up a second set of books.

Throughout the whole ordeal, the tax man said Schollard showed no remorse whatsoever.

After the testimonies, Friedman said the picture that emerged reflects exactly what "someone like her would say and do," and he told Noonan she deserved no consideration of leniency.

"No one wants her to be at liberty to pay back some part of the restitution," Friedman said. "We seek the strongest maximum sentence."

Noonan said over the past several days he spent hours poring over a voluminous case file. Oddly, the last letter he read was written last week by Schollard herself, and it's chock full of attempted manipulation in order to get leniency. Noonan said it had the complete opposite effect on him.

The other letters he read amounted to more than just the rantings of angry victims. It was practically a case study in how someone can methodically victimize the frail and elderly.

He knows because during the last two years he said he's attended seminars about an emerging trend in the courts -- elder abuse -- which will likely continue as more Baby Boomers age.

Then Noonan put this case in context of his time spent on the bench. In the last 16 years, having meted out prison times for more than 100 cases a year on a wide range of crimes, Heidi L. Schollard's case is a rarity.

"This is a case that's different from any I've ever had before," Noonan said, not only for the huge theft -- none has ever totalled up to this much money, but also because it's rare that he sentences nonviolent, first offenders to a lengthy prison term.

"You are so narcissistic, so self-centered, so unaware of how your conduct fits into the world," Noonan told Schollard. "Society needs to be rid of you for as long as possible. ... You just don't get it...You are a thief who apparently has enough charm to make the elderly feel you are their friend but you are not."

Even her attorney said "We won't waste the court's time asking for mercy."

The perp was sullen, dressed in a gray hoodie and matching pants, wearing white sneakers, tortoise shell-rimmed glasses, with her hair pulled back in a stubby ponytail. Gone was her mug shot's pert semblance of a smile and look of wide-eyed wonder. She sat with slumped shoulders, eyes cast downward, and had nothing to say when the judge asked her if she wanted to speak.

After sentencing, a deputy ushered her off to jail.

Outside the courtroom, her brother-in-law stood, seeming somewhat dazed about what had just taken place. He said this has been a long time in coming and he wanted to witness the proceedings firsthand, so later on Heidi can't lie about what was said. He said she is a pathological liar.

"She's been a peach to deal with for 10 or 15 years," he said, noting that she always blames her troubles on others, or the past.

He said she is the second youngest of 12 children who were split up during childhood and put in foster homes "where some bad things happened." But she denies responsiblity for her actions.

Now he and her sister are the guardians of the former caregiver's children and will be for years to come.

Pembroke man accused of illegally possessing four handguns

By Howard B. Owens

A convicted criminal in Pembroke was allegedly found in possession of four handguns during the execution of a search warrant at his residence Wednesday.

Members of Local Drug Enforcement Task Force were assisting Batavia PD detectives with the search at a home on Allegheny Road when the guns were allegedly found.

The original reason for the search warrant or why it was a Batavia PD case was not released.

Charged with criminal possession of a weapon, 3rd, a Class D felony, is 59-year-old Frederick J. Hensel Jr.

Hensel has a prior criminal conviction, according to the Sheriff's Office, and did not have pistol permit.

Hensel was arraigned in Darien Town Court and jailed on $25,000 bail.

People reportedly wreaking havoc inside former tattoo parlor

By Billie Owens

Alleged intruders are inside the former Laughing Buddha tattoo parlor and reportedly trashing the store and/or throwing things around inside, says a caller to the emergency dispatch center. A rep from building owner Mancuso Properties is en route along with city police.

The store is located on Ellicott Street in the City of Batavia.

An officer on scene reports there are two people inside. An officer asks dispatch to contact former store operator Jason Lang.

UPDATE 10:09 p.m. (by Howard): Free-lance journalist Alecia Kaus went to the scene. It appears there was a misunderstanding over a display counter inside the former store. Another business owner claims he still owns the counter and was removing it. The property owner showed up and wouldn't let the person remove the counter. Authorities were unable to contact Lang to help resolve the issue, so the property claim is being held over until tomorrow.

Two woman accused of possessing oxycodone

By Howard B. Owens

During a routine patrol Wednesday members of the Local Drug Enforcement Task allegedly spotted two women in a car in a parking lot on West Main Street Road, Batavia, ingesting a controlled substance.

Upon approaching the car, task force members allegedly found the women in possession of a quantity of oxycodone.

Charged with criminal possession of a controlled substance, 7th, were (name redacted upon request, charge dismissed), 19, of Colonial Boulevard, and Julie A. Huntoon, 20, of Jackson Street, Batavia.

Law and Order: Pair accused of possession of hydrocodone

By Howard B. Owens

Kimberly Dawn Moore, 45, of South Main Street, Warsaw, is charged with criminal possession of a controlled substance. Moore was stopped at 1:34 p.m., Saturday, on Ellicott Street, Batavia, by Deputy Brian Thompson and Officer Eric Hill. Moore was found to allegedly be in illegal possession of hydrocodone. Also charged with criminal possession of a controlled substance was Jon Hoyt Bush, 29, of Oak Orchard Road, Batavia.

Kyle K. Shultz, 18, of Norton Road, Elba, is charged with DWI, driving with a BAC of .08, failure to keep right, open container, mobile phone use in a motor vehicle. Shultz was stopped at 6:14 a.m., Saturday, at Byron Road and Fotch Road, Stafford, by Deputy Brian Thompson. Shultz allegedly had a BAC of .16.

Sheriff's Office looking for stolen white 2004 Acura sedan with dark tinted windows, sunroof

By Billie Owens

Press release:

The Genesee County Sheriff's Office is investigating the Aug. 11 theft of a vehicle from a parking lot at Darien Lake Theme Park.

The white 2004 four-door Acura sedan was taken from the VIP parking lot during a concert. The vehicle has a sunroof, low profile, custom black rims, and dark tinted windows.

Anyone with information is asked to call the Genesee County Sheriff's Office at (585) 343-5000.

Larceny suspect nabbed after foot chase by police

By Billie Owens

City police went on a brief foot chase that started by the courthouse to catch a white male allegedly observed rifling through vehicles and "possibly in possession of stolen items." He is wearing a white T-shirt, blue jeans and a hat. He's now been tracked down in the ARC parking lot on Walnut Street.

He was on a bike at first but ditched it in the weeds behind the courthouse.

UPDATE 2:27 p.m.: He's being taken back to the courthouse. He allegedly is in possession of "items commonly found in the front seats of passenger vehicles," says on officer, "change, cigarettes, electronic items." They are going to meet up with owners of the vehicles allegedly involved and interview them.

UPDATE 2:32 p.m.: "There are some silver coins -- dimes and nickels -- strewn about here," says an officer searching the grounds of the courthouse. They've also found some other property  -- a camera and other items -- that were possibly stolen.

Sex offender registery now includes exact street address for Level 2 offenders

By Howard B. Owens

Press release:

In keeping with its policy to provide the residents of the City of Batavia with the maximum amount of information allowed by law regarding registered sex offenders residing in the City of Batavia, the Batavia Police Department is now posting the exact address information of New York State Level 2 Registered Sex Offenders.

The New York State Corrections Law now provides for the posting of exact address information in regards to New York State Level 2 Registered Sex Offenders by local law enforcement agencies. Previously, local law enforcement could post only the exact address of Level 3 offenders.

Batavia Police Department continues to provide information regarding Level 1 offenders, but by law is only allowed to post an approximate address by Zip Code.

Batavia residents are encouraged to frequently view the Local Sex Offender Web site at www.batavianewyork.com for the most current and real-time information regarding registered sex offenders residing in the City of Batavia.

Residents are also encouraged to sign up for NY –Alert – Sex Offender Relocation Email Alerts, provided by the New York Division of Criminal Justice Services at: www.criminaljustice.ny.gov.

Law and Order: Man accused of felony assault in Oakfield

By Howard B. Owens

Robert P. Leiser Jr., of Lockport Road, Oakfield, is charged with assault, 2nd, and criminal contempt, 1st. Leiser was allegedly involved in a domestic incident July 24 at his residence. Leiser allegedly struck a female in the head with a flashlight. The woman required medical treatment. Leiser was allegedly under court order not to have physical contact with the woman. He was located in the City of Batavia, arrested, and jailed on $15,000 bail.

James A. Klotzback, 35, of Rochester, is charged with assault, 2nd. Klotzback was arrested by State Police for an alleged incident reported at 9:18 a.m., Wednesday, in the Town of Byron. No further details were released.

Summer Ogden, 36, no permanent address, is charged with trespass. Ogden is accused of being on 400 Towers property after allegedly being previously told by police and management that she was barred from the property.

Morgan B. Mikolajczyk, 18, of 328 S. Jackson St., Batavia, is charged with harassment, 2nd. Mikolajczyk is accused of pushing a family member during an argument.

Jessica R. Johns, 29, of 122 Jackson St., Batavia, is charged with unlawful possession of marijuana. Johns allegedly possess marijuana while a passenger in a vehicle that was stopped on Jackson Avenue for an alleged traffic violation.

Cory J. Endres, 18, of 400 B Island Cottage Road, Rochester, is charged with harassment, 2nd. Endres was arrested Thursday by State Police for an alleged incident reported June 9 in the Town of Darien. No further details released.

Daniel H. Bettilyon, 51, of Hamlin, is charged with felony DWI and felony driving with a BAC of .08 or greater. Bettilyon was stopped by State Police at 1:24 p.m., Friday, on Maltby Road, Oakfield.

Emily Ann Lane, 22, of Corfu, is charged with petit larceny. Lane allegedly stole $51.94 in merchandise from Kmart.

Richard Charles Hollfelder, 54, of Oakfield, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and leaving the scene of a property damage accident.

Florida won't extradite man found locally with warrant issued in 1994

By Howard B. Owens

A Sheriff's deputy is in contact with a 57-year-old man who has an 18-year-old warrant for his arrest out of Florida.

Florida officials confirmed with the Sheriff's Office that the warrant is still valid.

The warrant is for an alleged failure to appear on a DWI charge.

While the warrant, issued in August 1994, is valid, Florida will not extradite on the charge.

The gentleman is aware of the situation, the deputy told dispatch.

"I guess he'll get a vacation when they come get him," the deputy said.

Brad Paisley also played music: 92 arrests and citations at Darien Lake

By Howard B. Owens

The following people were arrested by members of the Sheriff's Office in connection with the Brad Paisley Virtual Reality Concert at Darien Lake Performing Arts Center on Saturday.

The 10 arrests are down from the 14 at last year's show. After the 2011 concert, Paisley posted on Twitter: "Quite a performance in Darien Lakes Saturday. We also played music." (followed by a link to The Batavian's story on arrests at the show)

There were 56 underage drinking citations last year and 81 this year. The increase can be attributed, at least in part, to increased enforcement at the park in 2012.

All but one of the arrests last year might be attributed to drunken misbehavior. This year, only, maybe, five of the 10 arrests might fit that description.

Benjamin B. Cramer, 27 of Route 20, Varysburg, is charged with public lewdness and resisting arrest after allegedly urinating in the concert venue and then resisting arrest. Cramer was arraigned in Darien Town Court and remanded to jail in lieu of $500 bail.

Jessica L. Juda, 22, of Pleasant Valley Road, Delevan, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return. Juda was arraigned in Darien Town Court and remanded to jail in lieu of $100 bail.

Daniel R. Blonski, 22, of Salem Avenue, Hamilton, Ontario, Canada, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return. Blonski was arraigned in Darien Town Court and remanded to jail in lieu of $100 bail.

Kelsey M. Shea, 19, of Towhee Court, East Amherst, is charged with unlawful possession of marijuana and possession of alcohol under age 21.

Tanner C. Boesch, 19 of Turkill Road, Fairport, is charged with inlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Kathryn A. Tuscano, 20, of Main Avenue, Norwalk, Conn., is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Erik Schneckenberger, 29, of Roycroft Drive, West Seneca, is charged with harassment, 2nd, after allegedly striking another concert patron.

Jedidiah B. Gabriel, 21 of William Street, Lancaster, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Jaclyn D. Marshfield, 18, of Pompey Center, Fabius, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Matthew M. Muldowney, 18, of Route 11, Tully, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

The following people received citations for alleged possession or consumption of alcohol under age 21.

William T. Bickelman, 18, of Contessa Court, Williamsville
Kate L. Blair, 17, of Highmanor Drive, Henrietta
Stephanie M. Sorber, 17, of Chelsa Meadows, West Henrietta
Patrick M. Byrne II, 18, of Butler Drive, Pittsford
Jordan D. Messimer, 18, of Rush-Scottsville Road, Rush
Justin T. Larusch, 18, Tamarack Street, Buffalo
Dylan J. Caldiero, 20, of Tuscarora Road, Buffalo
Robert W. Anderson, 20, of Nottingham Terrace, Hamburg
Rebecca E. Milbrand, 20, of Renwood Avenue, Kenmore
Hannah J. Verboon, 18, of Jerseyville Road, Brant County, Ontario, Canada
Steven A. Tripp, 19, of Sawmill Road, Street, Catherines, Ontario, Canada
Emily N. Kosakowski, 18, of Morwick Drive, Ancaster, Ontario, Canada
Tara A. Derosa, 18, of Gateway Road, Fairport
Dominic J. Zambelli, 19, of Dickinson Crossing, Fairport
Felicia M. Lattanzio, 20, of Wynmoor Drive, Cicero
Britta M. Schug, 20, of Lawdon Street, North Syracuse
Lilian R. Smith, 19, of Hamilton Road, North Syracuse
Carl J. Larson, 20, of Glen Oak Drive, East Amherst
Julia A. Lauria, 18, of Ashwood Lane, Orchard Park
Calle J. Demeter, 20, of Hillside Drive, Orchard Park
Sarah R. Jacobs-Ferderbar, 20, of Timberlake Drive, Orchard Park
Emily S. McCreary, 20, of Melinda Lane, Phoenix, Ariz.
Tamara L. Medgrossi,17, of Morgan Drive, Lewiston
Keith R. Burns, 19, of Youngstown-Lockport Road, Ransomville
Meggan M. Imcorvia, 20, of Homestead Drive, North Tonawanda
Kayleigh R. Erickson, 19, of Harris Hill Road, Falconer
Michael J. Ovellette, 20, of Olympia Drive, Rochester
Taylor A. Schimenti, 17, of Almont Avenue, West Seneca
Reaghan T. Hayes, 20, of Doyle Road, Baldwinsville
Breanna M. Hyman, 20, of Hyman Road, Newark
Margaret C. Vankouwenberg, 20, of Bryant Avenue, Newark
Ryan J. Digati, 19, of Cardinal Lane, Grand Island
Michael R. T. Malaney, 17, of Settlers Road, Grand Island
Dakota C. Swain, 18, of Gordonville Road, Rushford
Taylor K. Bedford, 19, of Whitney Lane, Grand Island
Cassie K. Gilcart, 16, of Whitney Lane,  Grand Island
Julia L. Pratt, 19, of Dalton Road, Cato
Grace E. Rooney, 19, of Hilltop Road, Syracuse
Vincent R. S. Scienza, 19, of Straight Road, Forestville
Jennifer E. Hasting, 20, of Claudette Court, Depew
Mandy L. Odrobina, 20, of Madaline Lane, Depew
Jacob N. Resnick, 20, of Lakeshore Drive, Hilton
Jessica A. Woons, 20, of Tribbles Lane, Rochester
Jake W. Wark, 20, of Maplewood Avenue, Spencerport
Neil A. Dambra, 20, of Dortmund Circle, Rochester
Jennifer A. Lopez, 20, of Renaissance Drive, Rochester
Michael J. Brocklehurst, 19, of Linwood Avenue, North Tonawanda
Shane G. Sawicki, 20, of Clarice Drive, Hamburg
Amanda G. Rivera, 18, of Brown Street, Penn Yan
Nicholas R. Groff, 16, of Bullis Road, Elma
Morgan L. McMahon, 19, of Lisle Road, Owego
Darrcy E. Matthews, 20, of Green Street Extension, Dekalb Junction
Abigail M. Ohlmeyer, 20, of Mason Drive, Syracuse
Nathan J. Kloepfer, 19, of Leroy Street, Camillus
Erin M. Myers, 20, of Kent Place, Syracuse
Kala M. Wilkins, 18, of Simsbury Lane, Pittsford
Jennifer A. Riley, 18, of Mahoga Street, Pittsford
Conner C. Renaldo, 16, of Shirley Road, North Collins
Merit L. Jendrowski, 20, of Newton Avenue, Akron
Jenna T. Jendrowski, 17, of Newton Avenue, Akron
Anna L. Legrett, 20, of Lantern Lane, Honeoye Falls
Nicholas J. Fredette, 19, of County Route 24, Minetto
Rebecca A. Krass, 18, of West Myers Road, Oswego
Mary K. Finn, 19, of Swift Street, Oswego
Destini L. Carter, 17, of Bronson Street, Oswego
Morgan A. Allen, 19, of Kathleen Drive, Oswego
Haley N. Sierdsma, 17, of Dunkirk Drive, Hamilton, Ontario, Canada
Riley D. McCullough, 17, of Hill Garden Drive, Stoney Creek, Ontario, Canada
Matthew R. Kennedy, 17, of Trinity Church Road, Binbrook, Ontario, Canada
Jamie J. Vandehei, 17, of Bell Road, Binbrook, Ontario, Canada
Luke J. Nault, 18, of Binbrook Road, Hamilton, Ontario, Canada
Cody G. G. Badour, 18, of Braemar Avenue, Caledonia, Ontario, Canada
Brian J. Sheppard, 19, of White Stone Lane, Lancaster
Neena M. Carter, 17, of Electric Avenue, Cheektowaga
Rachel J. Bolton, 17, of Croydon Drive, Depew
Isiah L. Montpetit, 18, of Freeman Road, Middleport
Dominique Dipietro, 17, of Misty Lane, East Amherst
Benjamin A. Rein, 16, of Via Pinto Drive, Williamsville
Patrick J. Quinn, 18, of Gaylord Court, Elma
Andrew J. Partridge, 19, of Black Creek Road, Hamburg
Nathan C. Bracci-Kurtz, 18, of Queens Way, Depew

Ambulance being dispatched for victim of fight in Elba

By Howard B. Owens

A subject may have a broken nose following a fight on North Main Street, near Chapel Street, in the Village of Elba.

An ambulance is being requested to the scene.

A witness notified dispatchers of a fight less than five minutes ago and a deputy responded.

The suspect, described as a 25-year-old Mexican, is wearing black shorts and shirt and flip-flops, and is believed to be on foot in the area.

UPDATE 11:39 p.m.: The suspect lost a flip-flop. A deputy found it. The suspect may be heading south on Route 98 on foot.

UPDATE 11:40 p.m.: Suspect may actually have left in a red Mazda.

UPDATE 11:42 p.m.: The ambulance is responding to the area of 42 Chapel St., the apparent location of the victim.

UPDATE 11:45 p.m.: There are apparently multiple suspects.  A couple are with deputies now.

UPDATE 12:21 a.m.: The flip-flop wearing suspect, who is now completely flip-flopless, seems to be in custody. Also, I heard something earlier about a knife being recovered, and it sounded like a deputy involved in this call, but not certain.

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