crime

The following people were arrested Wednesday by the Sheriff’s Department during the WEDG Slipknot/Slayer concert at Darien Lake Performing Arts Center.

David A. Staley, 49, of Shumway Street, Buffalo, is charged with disorderly conduct after allegedly engaging in a fight in the parking lot.

Steven J. Pavone, 27, of West Squire Drive, Rochester, is charged with disorderly conduct after allegedly engaging in a fight in the parking lot.

Richard W. Lee, 23, of North Park Drive, Rochester, is charged with trespass after allegedly climbing a light pole inside the concert venue.

Peter Z. Torok, 51, of Salmon Creek Road, Brockport, is charged with DWI and driving with more than .08 BAC after allegedly driving in the parking lot intoxicated.

The following people were charged with unlawful possession of marijuana:

Jacob C. Berg, 21, of West Morris Street, Bath
Leanne P. Maniscallo, 30, of Point Breeze Street, Angola
Timothy M. Schultz, 31, of Angola Place, Angola
Michael D. Pilger, 40, of Caleb Avenue, Syracuse
Douglas W. Teed II, 30, of Cronk Road, Montour Falls
Gregory M. Crites, 31, of Mitchell Place, Lackawana
Richard A. Bieger, 27, of Longnecker Street, Buffalo

The following people were issued citations for alleged consumtion/possession of alcohol under age 21.

David Z. Custard-Jarosz, 19, of Hopkins Street, South Buffalo (two citations)
Jacob M. Parisi, 19, of Westmar Drive, Rochester
Amanda M. Scheiber, 19, of River Road, Niagara Falls
Timothy M. Zambito, 19, of Ward Road, Sanborn
Chelsea E. Printup, 17, of Poodry Road, Alabama
Joseph M. Nappo, 20, of East Center Road, West Seneca
Ryan J. McMahon, 19, of Towers Blvd. Cheektowaga
John M. Tredd, 20, of Pine Ridge Road, Busti
Chanda L. Germain, 19, of Prospect Street, Portage, Pa.
Tara L. Castle, 19, of Chapin Street, Seneca Falls

Regarding the lower number of underage drinking citations, Deputy Chief Gordon Dibble said Slipknot and Slayer draw a slightly older crowd than say, Toby Keith.

"We still went out looking for violations, we just didn't find too many," Dibble said.

Dibble didn't have the exact attendance figures, but the projected attendance (which the Sheriff's Office uses to guage the size of its enforcement and traffic detail) was 6,500.

A landowner contacted the Sheriff's Office and tipped them that there was a pot crop growing on another property. The caller was told this morning that law enforcement had a helicopter fly over the property to search for the marijuana and none was found.

The insistant tipster called back a few minutes ago, apparently to double-check on the status of the matter. An officer contacted the one who spoke with the caller earlier today and asked what to tell this guy.

The officer, sounding slightly annoyed, said "Like I told him this morning, we had a helicopter fly over the property and saw the plants and they weren't marijuana."

In other words, "There's NO POT growing on your neighbor's land."

Maybe they really are just weeds.

Stephen A. Lewis, 32, of 130 W. Main St., Apt. A, Batavia, is charged with disorderly conduct, resisting arrest and harassment, 2nd. Lewis was arrested following a report at 3:45 p.m., Friday, of two men arguing, with one of them possibly carrying a baseball bat, at East Main and Summit streets. According to Batavia PD, when a patrol officer attempted to interview Lewis, Lewis became irate and yelled obscenities. He continued, according to police, even after being warned to stop yelling and clean up his language. Lewis was placed under arrest and charged with disorderly conduct. Lewis struggled with officers. Once taken into custody by officers Eric Hill and Kevin DeFelice, Lewis was arraigned at city court and jailed on $1,000 bail. On the way to jail, Lewis allegedly threatened to kill Batavia PD officers, leading to the harassment, 2nd, charge. (Initial Report)

George M. Hodges, 22, of 9 Pringle Ave., lower, Batavia, is charged with disorderly conduct. Batavia PD officers responded to 9 Pringle Ave. at 11:46 p.m., Saturday, to investigate the report of a property dispute. While Officer Frank Klimjack was on scene, Hodges was allegedly irate and yelled obscenities. Klimjack reportedly warned Hodges to calm down, but Hodges allegedly continued yelling obscenities.

Brodes J. Gibson, 51, of 13 Thorpe St., Batavia, is charged with two counts of petit larceny. Gibson is accused of entering the Kwik Fill at 99 Jackson St. on two occasions and stealing two 18 packs of beer.

Joel S. Shelhorse, 24, of 23 West Ave., Elba, is charged with DWI, consumption of alcohol in a motor vehicle, operating in violation of a restricted use license, aggravated unlicensed operation and opening a vehicle door interfering with traffic. Shelhorse was taken into custody following a report at 8:46 a.m., Sunday, of a male and female arguing on South Main Street.

David A. Kendall, 40, of 215 Bank St., Batavia, is charged with trespass. Kendall is accused of entering a neighbor's property at 4:45 p.m., July 21, without permission.

David M. Smith, 26, of Pavilion, is charged with criminal possession of a weapon, 4th. Smith was arrested by State Police following an incident reported at 10:20 p.m., Sunday, in Darien. No further details released.

It took nearly an hour for Batavia PD to bring order back to State Street last night after a fight was reported at 11:55 p.m. involving 20 to 30 people near Lewis Place.

Five people were taken into custody.

After the initial call at 11:55 p.m., at least two other fights broke out while law enforcement was on scene.

Arrested were:

• Jerry T. Saddler Jr., 36, of 112 State St., Batavia, charged with disorderly conduct and resisting arrest.
• Latoya D. Jackson, 26, of 112 State St., Batavia, charged with obstructing governmental administration and resisting arrest.
• Willie F. Irvin II, 30, of 17 Elm St., Batavia, charged with disorderly conduct.
• Samantha G. Reed, 25, of 6 Lewis Place, Batavia, charged with disorderly conduct.
• J.W. Hardy III, 25, of 265 E. State St., Apt. B, Albion, charged with disorderly conduct.

Bail for Saddler was set at $2,500 and Jackson was jailed on $1,000 bail. The other suspects were released on appearance tickets.

Officers responding from Batavia PD were Lt. Greg Steele, Sgt. Dan Coffey and officers Frank Klimjack and Eric Bolles. Deputies and troopers assisted at the scene.

A suspect in a series of burglaries in Le Roy, Batavia and other parts of the county was taken into custody this morning after he allegedly broke into a home on Summit Street while being monitored by detectives.

Chief Deputy Jerome Brewster said the suspect was identified thanks to alert citizens in the City of Batavia and detectives began to monitor the man's activities.

The name of the suspect, who is being questioned at Batavia PD headquarters, has not been released, but Brewster said he is on parole and had allegedly been out of contact with his parole officer.

After a couple of burglaries in Le Roy where a person entered homes during the day and stole jewelry and other small items such as coins, there were a couple of similar burglaries elsewhere in the county, and then similar burglaries in the City of Batavia.

"This is a suspect in those crimes and I’m fairly confident that we have him," Brewster said. "I think you’re going to see a sudden end to those (types of) crimes being reported."

Detectives from Le Roy, Batavia and the Sheriff's Office cooperated in the investigation.

"This would not have been possible without the cooperation of all agencies," Brewster said.

The suspect's truck was impounded and will be searched once a search warrant is secured.

His name and the charges against him will be released following his arraignment in the proper court or courts of jurisdiction.

In a week or two, attorneys in the Jacquetta Simmons case will find out from Judge Robert C. Noonan whether two felony counts against the 26-year-old Batavia woman will stand.

Simmons is accused of punching a 70-year-old Walmart employee on Christmas Eve.

A grand jury indicted Simmons on felony counts of assault in the second degree, for allegedly hitting the victim with intent to cause serious injury, and a second count of assault, 2nd, charging Simmons with hiitting a person more than 10 years older who is also 65 years old or older.

A hearing today was scheduled for Noonan to consider the constitutionality of the so-called "elder abuse" law, but Noonan also asked the defense and prosecution to address whether sufficient evidence was presented to the grand jury to support count one of the indictment, the basic second-degree assault charge.

On the assult charge, attorney Ann Nichols argued that there is no evidence presented to the grand jury that Simmons intended to cause serious or permanent injury to the victim, Grace Suozzi, nor that Suozzi suffered such an injury.

"In the grand jury minutes, Ms. Suozzi does not say she was punched," Nichols said. "She says she was hit. She doesn't say she was punched until after Mr. (District Attorney Lawrence) Friedman uses the word punched in a question. I don’t see intent to cause serious physical injury being reliant on one punch, if it was in fact a punch, and Ms. Suozzi said herself it was just a hit."

There's no doubt, argued Melissa Cianfrini, assistant district attorney, that the "roundhouse" swing by Simmons was a punch.

Cianfrini described a surveillance video which she said depicted Simmons bracing her leg, winding up and taking a full swing at the victim.

"The punch was so powerful that it knocked her off her feet," Cianfrini said.

Simmons's intent was also clear from statements the defendent allegedly made before and after the alleged assault.

According to Cianfrini, Simmons last statement before allegedly hitting Suozzi was, "I'm not showing the fucking white bitch the receipt."

After the confrontation, with her male companion dragging her away, Simmons allegedly told another witness "you going to get it, too."

Cianfrini said, "That’s not a statement of someone who is acting in self defense. It’s not the statement of someone who regrets what she did. It’s the statement of somebody who knows fully what she did."

Outside of court, Nichols said the defense clearly has a different interpretation of events than Cianfrini and that she believes a jury will be able to fairly weigh the facts, even if the case appears racially charged.

"We have the video," Nichols said. "You can see the video for yourself. It’s more an interpretation. Unfortunately there’s no sound, but we can all kind of see on our own and infer what it depicts."

Nichols added, "I don’t’ really it (see race being a factor with the jury). Once anyone sees the video, white, black, Asian, whatever, you’re going to get an interpretation leaving race out of it."

On the issue of whether count two of the indictment, the elder abuse law, is constitutional, Nichols argued that the way the statute is written would require a defendent to know the victim's age at the time of the assault. 

"I argue there's no way Ms. Simmons could have known, based on how the law is drafted, that this is a strict liability crime and the fact the legislature chose to draft it so poorly is a violation of the due process of this defendant and other defendents," Nichols said.

Cianfrini noted that another court -- though the decision is not binding on this court -- has already ruled the law is constitutional on the same grounds, but added that the court should not just look to the letter of the law, but the legislative intent. Cianfrini said legislative notes and history clearly indicates the legislature meant the law to apply any time a person more than 10 years younger hits a victim 65 years or older.

Noonan did not give a specific time when his written decision will be issued.

Simmons will go to trial Aug. 20. She turned down a plea offer that would have given Noonan the option of sentencing her to prison time up to three-and-a-half years in prison. If convicted at trial, Simmons could be sentenced up to eight years in prison.

Toby Keith may like girls who drink beer, but when they come to his concerts at Darien Lake, those drinking beer better be at least 21 years old.

Last night a total of 225 young people found that out when they were issued citations in a joint effort involving the Sheriff's Office, State Police and Darien Lake security to crack down on underage drinking at the concert venue.

A checkpoint was set up earlier in the afternoon at the entrance to the park and at least a half dozen troopers were involved in issuing nearly 80 citations by 6 p.m.

The aggressive early enforcement, officials believe, contributed to quieter night with fewer arrests for rowdy behavior than is typical for a major country star's show at Darien Lake.

"What you’re seeing tonight is just a little more creative effort into ways to better to enforce (underage drinking)," said Bob Montgomery, general manager for the theme park. "We’ve worked hard this year and I think our arrests have almost doubled from what they were last year when they increased from whatever they’ve been in the past."

Throughout the evening, deputies talked about how fewer disruptive incidents they were being reported, almost with a level of amazement.

The show, after all, was Toby Keith, whose concert in 2011 had eight people arrested for alleged disruptive behavior.

On Sunday, only four people were taken into custody for what could be described as disruptive behavior.

Typically, as concertgoers try to exit the facility after a big country concert, police radio traffic is filled with hectic chatter of reports of fights in the parking lot, but last night only one "head-butting" incident was reported.

Sgt. Thomas Sanfratello, who usually heads up the concert law enforcement detail, thinks curbing underage drinking helped the situation.

"I think it's a direct reflection on the ABCs (citations)," Sanfratello said.

During the 2011 season, law enforcement issued 526 citations for alleged underage drinking.

Coming into Sunday's show, there had already been 353 citations issued. Add in Sunday's ticket writing and it brings the year's total to 578. 

The 2012 season is only half over.

As underage drinkers were found, if they had alcohol, they had to dump it out or dispose of it, including those stopped at the checkpiont.

One officer said he came across a group of young people in the parking lot minutes after they arrived. The group had to dump out several six-packs of beer and an unopened bottle of gin.

As a result of the enforcement effort, an official said that fewer people than usual were refused entrance to the concert for being overly intoxicated.

"We’re really pleased with what we’ve seen tonight," Montgomery said. "It’s definitely made a difference tonight by being preemptive, and by putting the fence up it will work only that much better."

The chainlink fence will stretch along a large portion of the Darien Lake property on Sumner Road blocking access to the concert venue for anyone who tries to walk in from a private lot.

For years, residents along Sumner Road have let people park in their yards and pastures for a fee.

On Aug. 24, Darien Lake will close pedestrian access to the venue from Sumner Road.

Of course, concertgoers will still be able to park in the private lots, if residents continue to allow it, but they will be required to either drive into the venue or walk around to the main entrance on Alleghany Road.

"We're very interested in creating a safe environment for all guests," said Gerald Rakestraw, VP of development for Darien Lake's owner, Herschend Family Entertainment. "Securing the park's perimeter is key because of the pedestrian issues and access for emergency vehicles."

Rakestraw has been working closely with Montgomery and his staff to come up with a plan to improve concertgoer safety and enjoyment, he said.

While some property owners had signs up Sunday indicating they will shut down their parking operations Aug. 24, others may continue to try and lure concert goers to their lots.

There has been some talk of lots offering shuttles to the front entrance, but Montgomery said Darien Lake won't allow drop-offs from such shuttles.

"A shuttle in also means a shuttle out, and that’s just not feasible," Montgomery said. "So we’re not going to encourage that kind of operation because it really doesn’t work."

Officials plan to do their best to educate the public prior to Aug. 24 about the changes and there will be conspicuous signage for anybody going to private lots that pedestrian access to the park from Sumner Road is not allowed, Montgomery said.

"They'll find when they get here that they can't access the PAC area," Montgomery said. "Certainly they (concertgoers) are welcome to do park there,  but they’ll find they won’t be able to walk down (to the concert)."

Getting traffic moving out of the parking lot swiftly is a key strategy to cutting down on altercations in the parking lot, officials said. When there's gridlock, tempers flare. On Sunday, the parking lot was cleared of nearly all cars by 1 a.m., about an hour ahead of the typical time for a concert attended by more than 16,000 people.

With all the emphasis on underage drinking Sunday, Sanfratello, along with other members of law enforcement, said he could see a big difference in the parking lots both prior and after the show. There were fewer masses of young people gathered around big piles of empty beer cans. There was less unruly behavior and after the show. There was a lot less trash dumped on the ground.

The security trailer where suspects are booked prior to to arraignment in Darien Town Court was a pretty quiet room for most of Sunday night.

One person was brought in and had to be placed in a restraint chair as he appeared to fight with deputies while laughing and bragging of his strength.

Two other young women were booked for allegedly giving false information about themselves while being cited for alleged underage drinking.

Rachel A. Johnson, 19, of Linwood Road, Le Roy, allegedly gave Sanfratello the names of a friend and of her sister before Sanfratello acquired her real name.

She was charged with two counts of criminal impersonation, 2nd.

At one point he asked her, "Was it worth the $1,000 fine instead of a $50 ticket?"

Then there was the case of a 16-year-old from Canada who was cited for alleged underage drinking. He was stopped on Employee Road and as he was being written up he started to freak out just a little bit, sure the citation meant the end of all of his hopes and dreams.

"You don't understand," he said. "I'm from Canada. It's not like the United States. I was going into the army. They won't take me now."

Because of his age, a deputy spoke to his mother and got permission for him to be released to the custody of his older girlfriend.

Only minutes later, the youth returned. He said he didn't know what to do. A deputy told him to go enjoy the concert, but he couldn't because his girlfriend had just broken up with him and went into the show without him.

The youth had to wait in the security area until 10 p.m. when his father arrived from Canada to pick him up and take him home.

While a Buffalo News reporter was at the show Sunday, officials hope more Rochester and Buffalo media pick up the story of increased law enforcement pressure to curb underage and problem drinking at shows. They also hope stories such as this get passed around on Twitter and Facebook.

The message officials hope sinks in for the public isn't that you can come to Darien Lake, have a good time and even drink a little. It's just that if you're under 21, you shouldn't drink at all, and if you're of age, drink responsibly.

"We want people to com and have a great time here," Montgomery said. "Our issue is when that good time starts to go a little overboard and disturb the quiet enjoyment of the other people at the show."

The Sheriff's Office press release of arrests and citations along with more pictures from Sunday are after the jump (click on the headline to read more):

A group of young ladies enjoying an apparent bachorlette party in the parking lot prior to the show.

A popular game in the parking lot prior to a concert is "Kan Jam," which is sort of a Frisbee version of horseshoes.

A suspect struggles with deputies while being placed into a restraint chair.

At about 8 p.m., the stack of paperwork for citations and arrests.

During "the dump," when most concertgoers leave, Employee Road is blocked by pedestrians heading toward the private lots, and cars stream out of the private lots tying up traffic on Sumner Road. Officials hope the new fence is put into operation Aug. 24, it will help keep Employee Road open and Sumner Road safer and with better traffic flow.

A Toby Keith fan who also had a good time in the theme park.

Fans who wanted their picture on The Batavian. It's a little out of focus, but the gentleman recently returned from a deployment in Afghanistan and is home on leave.

More fans who asked to get their picture on The Batavian.

For after-show entertainment, just stand along Employee Road and watch people try to cross the drainage ditch. The mud sucks people right in. Regular observers figure if anybody ever digs out the ditch they will find hundreds of thousands shoes, sandals and flip-flops lost their over the years.

Sheriff's Office press release:

Sean A. Kota, 19, of Byron-Holley Road, Byron, is charged with disorderly conduct and possession of alcohol under 21 after allegedly causing a disturbance on Employee Road and being found in possession of alcohol being under age 21. Kota was arraigned and jailed on $250 bail.

Curtis P. A. Kelly, 21, of Hennepin Circle, Niagara Falls, Ontario, Canada, is charged with trespass and resisting arrest after allegedly reentering the concert venue after being ejected and told not to return and then physically resisting arrest. Kelly was arraigned and jailed on $1,000 bail.

Megan E. Heywood, 19, of Genesee Street, Le Roy, is charged with false personation, disorderly conduct and possession of alcohol under 21 after allegedly giving a false age and blocking vehicular traffic on Employee Road. Heywood was also allegedly found in possession of alcohol under age 21. Heywood was arraigned and jailed on $200 bail.

Rachel A. Johnson, 19, of Linwood Road, Le Roy, is charged with two counts of criminal impersonation, 2nd, and possession of alcohol under age 21 after allegedly giving two different names when asked to correctly identify herself. Johnson was also allegedly found in possession of alcohol under age 21.

Adam J. Cole, 24, of Alpine Knoll, Fairport, is charged with unlawful possession of marijuana by State Police.

James J.  Drzewiecki Jr., 19, of Roycroft Parkway, Elma, is charged with unlawful possession of marijuana and possession of alcohol under age 21.

Ashley Brant-Hunter, 17, of Chapman Parkway, Hamburg
Rachel D. Anderson, 17, of Drayton Parkway, Hamburg
Alexandria A. Schultz, 18, of Sundance Trail, Lakeview
Houston D. Draper, 19, of Woodside Court, Holley
Chelsea L. Solina, 19, of Eastwood Street, Buffalo
Mason A. Pritchard, 18, of Huff Road, Hemlock
Emily R. Schwegzler, 17, of Federal Road, Livonia
Bianca R. Lowrey, 19, of Collamer Road, Hilton
Patrick Palyer, 19, of Cayuga
Jessica A. Wilkes, 17, of Parker Street, Auburn
Laura M. Tuffo, 19, of Cooper Drive, Hilton
Taylor M. Balbierz, 17, of Amsdell Road, Hamburg
Emilia Vibloum, 19, of South Abbott Road, Orchard Park
Joshua E. Escobar, 19, of Woodside Court, Holley
Adrianna R Ricci, 18, of Holleybrook Road, Brockport
William E. Szelazkewicz, 19, of Stahley Road, East Amherst
Megan L. Haberer, 19, of Webster Road, Orchard Park
Michelle A. Hahn, 19, of Lapp Road, Alden
Megan M. Tomasello, 19, of Ransom Road, Lancaster
Ellen M. Meyersage, 20, of Andover Lane, Williamsville
Jenessa N. Lucey, 20, of Sandhurst Lane, Williamsville
Danielle M. Giamcarlo, 19, of North Autumn, Williamsville
Jacquelyn M. Murrer, 20, of Kingsview Court, Williamsville
Patrick M. Wannamaker, 19, of Frankin Street, Williamsville
Maxwell G. Kahn, 19, of Chicory Lane, East Amherst
Mitchell S. Kyser, 20, of East Main Street, Westfield
Gregory F. Dimock, 20, of Hunter Lane, Williamsville
Bradley J. Moancelli, 19, of Bowers Road, Casadaga
William P. Barber, 20, of Elm Street, Westfield
Michael J. Mercurid, 17, of Creekview Drive, Hamberg
Travis T. Scida, 20, of Powers Avenue, Johansonburg, Pa.
Alexander N. Kotrider, 19, of West Master Drive, East Amherst
Angelo J. Caruso, 18, of Ashford Court, East Amherst
Ashley M. James, 19, of Armison Road, Filmore
Matthew M. Lates, 19, of County Road #27, Portageville
Jessica E. Smith, 19, of Bernard Street, Filmore
Cody J. VanBuskirk, 20, of Wiskey Mills, Filmore
Anna K. Rauber, 18, of County Road #46, Dansville
Hailey M. Sick, 18, of Franklin Street, Dansville
Alexander C. Cerbini, 20, of Whittier Road, Brockport
David F. Lyons, 17, of Barker-Schoolhouse Road, Hamlin
Alexa A. Banaszak, 17, of Newberry Lane, Lancaster
Kyle G. McCarthy, 20, of Gordon Avenue, Lancaster
Peter G. Wallace, 19, of County Road #36, Wayland
Mandy L. Oakes, 17, of West Lake Road, Geneseo
Jessica Mancini, 20, of Rutgers Road, Andover, Md.
Lauren E. Piluso, 19, of Helendeler Road, Rochester
Erinn S. Hopkins, 19, of Cohocton
Tyler A. Barber, 18, of Weinhart Street, Wayland
Joseph L. Meyer III, 18, of Ward Road, Wayland
Cody J. Lang, 18, of Depot Road, Springwater
Samuel A. Moyer, 18, of Hollywood Drive, Lockport
Anthony J. King, 18, of Hollywood Drive, Lockport
Brian K. Rotsoth, 20, of Main Street, Canton, Ohio
Kathleen A. Cougen, 20, of Washington Street, Bradford, Pa.
David S. Dugburn, 20, of West Seneca
Taylor J. Maryniewski, 18, of Depew
Allison M. Weiss, 19, of Clarion Place, Whitesboro
Careena M. Gratan, 20, of Beachwood Drive, Caledonia
Arian L. Vasquez, 17, of Abbott Road, South Buffalo
Edward J. Krier Jr., 20, of Wellworth Place, Cheektowaga
Robert K. Capo, 18, of West Center Street, Medina
Samantha M. Staino, 18, of Hollybrook Road, Brockport
Samantha N. Havlom, 20, of Eagle Harbor Road, Albion
Tyler Harper, 18, of Ladue Road, Holley
Tyler J. Thielges, 19, of Granger Road, Wayland
Michael J. Murphy, 18, of County Road #36, Wayland
Cody J. Oas, 18, of Michigan Street, Perkinsville
Kevin J. Grimaldi, 18, of Walden Drive, Lakeview
Cody L. Winton, 20, of State Route 12, Sherburne
Cameron T. Yerton, 19, of North Road, Sherburne
Cynthia D. Bush, 18, of Classic Street, Sherburne
Joshua J. Mase, 20, of East Avenue, Batavia
Sara R. Hart-Predmore, 20, of Yarkerdale Drive, Rochester
Cedrick N. Simmons, 20, of Garden Apartment, Ithaca
Edward J. Buell, 18, of Ridgedale Circle, Greece
Kaitlyn A. Boehm, 19, of Ridgecrest Road, Rochester
Megan H. Kelly, 20, of Dohrcrest Drive, Rochester
Bryan M. Stehm, 19, of Sagewood Drive, Spencerport
Jason R. Hensel, 18, of Celtic Lane Rochester
Kyle J. Stubbe, 19, of Edgemere Drive, Rochester
Courtney L. O’Hara, 19, of Andrews Drive, Rochester
Stephanie L. Matteson, 19, of Woodsong Lane, Rochester
Andrew M. Frosini, 19, of Pebbleview Drive, Rochester
Nicholas H. Nadrowski, 19, of Lakeview Drive, Lakeview
Louis M. Wagner, 19, of Versailles Drive, Lakeview
Andrew M. Vincent, 19, of Clifton Parkway, Hamburg
Matthew J. Byrne, 19, of Wyndfield Court, Hamburg
Chelsy G. Karcher, 18, of Reserve Road, West Seneca
Correen L. Longbine, 20, of Milestrip Road, Orchard Park
Emily A. Whiteside, 20, of Hawthorne Drive, Orchard Park
Ashley E. Avino, 19, of Woodsfield Drive, Lakeview
Joanna M. T. Dunn, 19, of Twilight Lane, Hamburg
Emilia V. Bloom, 20, of South Abbott Road, Orchard Park
Aaron M. Ellison, 20, of Karrow Street, Orchard Park
Alexandria E. Schultz, 19, of Caitlin Terrace, Hamburg
Demi N. Flynn, 20, of North Collins, ?
Alicia M. Barratt, 20, of Seneca Street, Lawtons
Stevie R. Foit, 20, of Maple Street, Lawtons
Michael A. Spain, 17, of Otisco Valley Road, Preble
Joshuah T. Lewis, 17, of Stevens Road, Tully
Stuart D. Grass, 19, of Schuler Street, Syracuse
Jacquelyn A. Rapple, 19, of Kinyon Road, Marietta
Deanna M. Clappsaddle, 18, of Bear Ridge Road, North Tonawanda
Megan E. Clarke, 18, of Deerfield Drive, North Tonawanda
Justin P. Reinhardt, 19, of Deerfield Drive, North Tonawanda
Daniel R. Snyder, 20, of Mull Street, North Tonawanda
Raymond J. Wasieszko, 20, of Ruie Road, North Tonawanda
Matthew J. Rua, 20, of Sherwood Ave, North Tonawanda
Olivia L. Cabana, 19, of Ashford Avenue, Tonawanda
Rebecca R. Rush, 20, of Sundridge Drive, Amherst
Frank T. Nemeth, 19, of Kelly Drive, Niagara Falls, Ontario, Canada
Blake R. J. Roubos, 19, of Cataract Road, Thorold, Ontario, Canada
Daniel S. Holmes, 18, of Con. 4 Road, Street, Anns, Ontario, Canada
Rachel P. Meyer, 20, of Word Road, Wayland
Hayley S. Ormond, 19, of North Lackawana Street, Wayland
Katelyn M. Clawson, 20, of County Road #36, Atlanta
Taylor A. Morse, 17, of Granger Road, Wayland
Kevin R. Shaughnessy, 20, of Helfer Lane, Minoa
Nicholas A. Raesky, 17, of James Street, East Syracuse
Camri J. Hanlon, 18, of McNutt Road, Campbell
Brook D. Knowles, 20, of Reed Hill Road, Campbell
Corinne R. Wright, 20, of Main Street, Campbell
Jenna A. Clarke, 19, of 4^th Section Road, Brockport
Jessica E. Daley, 20, of Bramblewood Lane, West Rochester
Hallie P. Fenti, 19, of Church Street, Hornell
Alexandria A. Gibson, 20, of Roncroff Drive, North Tonawanda
Kaitlyn H. Saunders, 18, of Euclid Avenue, Perry
Emily G. Gallagher, 20, of Wayland Road, Penfield
Alison M. Deacon, 20, of Creekview Drive, Hamburg
Derek R. Schmidt, 18, of Dean Road, Spencerport
Gregory M. Smith, 19, of Martin Road, Hamlin
Garrett D. Hartler, 19, of Dean Road, Spencerport
Lindsay A. Adams, 18, of Wedgedon Landing, Hilton
Alaina R. Bechtold, 20, of Hilton-Parma Corners Road, Spencerport
Mikayla L. Zanghi, 17, of Macintosh Drive, Rochester
Michael B. Coyne, 17, of West Gate Road, Kenmore
Sean J. Dungan, 19, of Zimmerman Blvd., Tonawanda
Chelsea L. Mooreage 19, of Desmond Drive, Tonawanda
William G. Moore, 18, of Woodward Avenue, Kenmore
Tyler J. Crawford, 18, of Johns Avenue, Buffalo
Timothy W. Balkin, 18, of Wellingwood Drive, East Amherst
Matthew R. Goss, 17, of Dodge Road, Getzville
Joseph C. Schrader, 20, of Harbor Street, Wilson
Molly J. Curry, 19, of Burch Road, Ransonville
Kimberly L. Daunce, 20, of Wilson Cambria Road, Wilson
Tyler W. Reimers, 19, of Wilson Cambria Road, Wilson
Camille L. Arth, 19, of Evergreen Drive, Lakeview
Mary E. Mcmahon, 16, of White Water Court, Hamburg
Thomas D. Scott, 17, of Second Avenue, Lancaster
Anessa L. Gervase Bage, 17, of Robinwood Court, Lancaster
Michael J. Enders, 17, of Pleasant View Drive, Lancaster
Francis J. Sterlace, 20, of Jackle Avenue, Silver Creek
Franklin G. Brown, 18, of Post Street, Irving
Hayley L. Trippy, 18, of Versailles Plank Road, North Collins
Levi M. Bower, 19, of East Avenue, Rochester
Jordyn A. Govenettio, 17, of Chapman Pkwy, Hamburg
Kali C. Compise, 16, of Overlook Point, Hamburg
Michael P. Edwards, 19, of Morgan Pkwy, Hamburg
Tiffany M. Agro, 18, of Linwood Avenue, Blasdell
James A. Militello, 20, of Champion Drive, Daytona Beach, Fla.
Nicholas J. Patronik, 19, of Juno Drive, Lakeview
Joshua L. Baker, 20, of Hewson Road, Lakeview
Garrett R. Cortright, 20, of Clifton Parkway, Hamburg
Jordan J. M. Harwood, 19, of Yankee Lane, Hornell
Kassandrea D. Heller, 18, of Maple Court, Hornell
Zachary M. Hynes, 17, of Split Rail Run, Penfield
Cody T. Murphy, 18, of Bowerman Road, Farmington
Aaron J. Ford, 17, of Green Road, Farmington
Sarah D. Kessler, 20, of Muriel Drive, Rochester
Michelle M. Snodgrass, 18, of Delta Road, Amherst
Rebecca A. Piduch, 20, of Gardenwood Lane, Buffalo
Nathan D. Rigby, 20, of Sodus Street, Clyde
Shannon D. Shakespeare-Brogan, 16, of Hogan Road, Fairport
Mikaela R. Cook, 18, of Wipple Tree Drive, Fairport
Ryan G. Weir, 20, of Cheryl Road, West Seneca
Nicholas S. Jennings, 19, of Logan Road, Attica
Patricia A. Glass, 20, of Chase Street, Medina
Clint A. Wright, 17, of Bethany Center Road, Wyoming
Nelson M. Burke, 16, of Main Street, Alexander
Lucas S. Terry, 17, of Holmes Hill Road, Conesus
Nicholas A. Braun, 19, of Pries Avenue, Buffalo
Sean P. Griffin, 20, of Rutland Street, Buffalo
Christopher P. Kane, 20, of Columbia Pkwy., West Seneca
Jacqueline P. Kane, 18, of McKinley Pkwy., Buffalo
Daniel M. Major, 19, of Hemlock Drive, Grand Island
Jermey R. Stark, 16, of Highway 3, East Port Colbourne, Ontario, Canada
Jacqueline H. Franck, 17, of Poplar Avenue, Ridgeway, Ontario, Canada
Andrew J. Kurtzhaltz, 19, of Prospect Avenue, East Aurora
Hanna J. Cimperman, 18, of Mill Road, East Aurora
Jaycen A. Watts, 20, of Pine Street, East Aurora
Joshua L. Cesario, 19, of John Peet Road, Canastota
Ryan P. Yeates, 18, of Norwood Avenue, Hamburg
Alexandra M. Curre, 18, of Corral Drive, Penfield
Matthew A. Majchrzak, 19, of Pennicott Circle, Penfield
Nicholas S. Fields, 18, of Seton Court, Penfield
William F. Asquith, 20, of Chaffee Road, Arcade
Jacqulyn M. Graber, 18, of Clarence Center Road, Clarence Center
Kristie Nasr, 18, of Glenhaven Drive, Amherst
Jonathan G. Vara, 18, of Manor Oak Drive, Amherst
Yanni S. Zulia, 17, of Bowen Drive, West North Tonawanda
Taylor N. Friedl, 19, of Cushing Road, Albion
Joel J. Prince, 20, of Claremont Park Palmyra
Timothy J. Depetris, 19, of Crestview Drive, Niagara Falls
Ian M. Marrett, 16, of East Bethany-Le Roy Road, Le Roy
Kristin N. Wach, 19, of Harmony Circle, Orchard Park
Adam R. Wattles, 19, of Old Lower East Hill Road, Colden
Kaitlyn M. Federico, 20, of Covered Bridge Circle, Greece
Max J. Roehmoldt, 19, of Village Point Lane, Williamsville
Brian J. Graham Jr., 20, of Lower Mountain Road, Lockport
Peter A. Roehmoldt, 20, of Village Point Lane, Williamsville
Ryan T. Burkard, 20, of West Minister Drive, East Amherst
Sean M. McGrath, 19, of Paul Place, Buffalo
Jordon Z. Richard, 18, of Lapp Road, Alden
Miguel-Christian Aragon-Prieto, 18, of Century Road, Orchard Park
Carly R. Hill, 19, of Doran Road, Lima
Joseph O. Pinter, 18, of Roat Drive, Angola
Elizabeth A. Gawronski, 20, of Cottage Street, Fredonia
Jason W. Myrick, 19, of Lovers Lane Road, Corfu
Chelsee M. Baun, 20, of Carlyle Avenue, Buffalo

UPDATED Saturday at 12:48 p.m. with the names of the suspects and clarified/corrected information from the Sheriff's Office.

A federal helicopter passing over Genesee County this evening just happened to spot what looked like marijuana plants growing in a field off Angling Road in Corfu, and following an alleged frenzied attempt to hide or destroy the crop three people were taken into custody.

The three suspects are being charged with felony counts of criminal possession of marijuana 3rd and tampering with physical evidence as well as a misdemeanor charge of unlawful growing of cannabis.

Taken into custody were James P. Cox, 49, of 2109 Angling Road, Corfu, Jessica D. Cox, 22, of Benedict Street, Perry, and Beau T. Bressler, 25, of Benedict Street, Perry.

Sheriff's dispatchers received a call from a Homeland Security helicopter piloted by U.S. Border Patrol Agents just before 8:30 p.m. saying that the agents had spotted a suspected marijuana field at 2109 Angling Road, Corfu.

"The border patrol was not actively working with us or actively looking for marijuana," said Sgt. Steve Mullen, of the Sheriff's Office. "They just happened to be flying over the area on their way back to their base."

Immediately after the initial call, the agents informed dispatchers that an individual had run from the field into a residence at that address. At least four people immediately left the residence.

Two people reportedly jumped into a white sedan.

The other three people were allegedly spotted pulling up marijuana plants from the ground and carrying them into the house, into a barn, into a cornfield and into a red SUV parked at the house.

The red SUV was reported to leave the scene and was subsequently stopped by a trooper on Angling Road.

"We had communication with the helicopter through the inter-county system and the helicopter was able to tell us what was going on play-by-play and give us a description of the vehicles as they were leaving," Mullen said.

"(They were able to) observe it (the suspected marijuana) being placed in vehicles and observe it being destroyed or tampered with by throwing it into the cornfield in the hope that we wouldn’t subsequently see it or find it."

Several suspected marijuana plants, with their roots still attached and dusted with dirt, were found inside the vehicle (top photo with Sgt. Greg Walker and Deputy James Diehl, who is also the driver in the photo below).

Mullen said all suspected marijuana plants had been pulled from the ground by the three people allegedly involved in the incident. A total of 32 marijuana plants were recorved, according to the Sheriff's Office.

Two individuals who reportedly left in a white sedan told law enforcement that they left the scene when the suspects started to pull up the plants because they weren't involved and didn't want to be involved in what was going on. Neither of those people were arrested.

The residence at 2109 Angling Road is owned, according to the county's online database, by James P. Cox.

Mullen said one of the inviduals arrested was a resident of the property and the other two people were visiting at the time the suspected pot plants were discovered.

"After noticing the helicopter they decided to help (the suspected grower), or so they thought, remove or destroy the evidence."

Deputies are responding to East Pembroke where a U.S. Border Patrol helicopter has reportedly spotted people cultivating marijuana.

One person reportedly saw the helicopter and ducked into a house.

Two other people are reportedly pulling plants into a barn and there is some concern they are trying to destroy the evidence.

A white sedan with a sunroof was reported leaving the property and a deputy has located the car.

Other deputies are responding to the scene.

One suspect is carrying plants to the residence.

An older model red SUV has reportedly left the property.

UPDATE 8:32 p.m.: The subject in the white car reported that he left because they were pulling the plants. Another subject is in custody. The red SUV has not been stopped yet.

UPDATE 10:41 p.m.: I inadvertently failed to publish to the home page when it was breaking. I just returned from the scene. Three people taken into custody. More info and pictures coming.

A church burglary suspect who allegedly tried to escape from the Genesee County Jail had an alleged accomplice, the Sheriff's Office revealed today.

Along with 22-year-old John Anthony Cabrera, Paul Joseph Doctor, 34, of West Main Street, Batavia, is facing an escape in the first degree charge. The charge is a Class D felony.

Both were arraigned in Batavia City Court today.

According to Investigator William Ferrando, Doctor aided Cabrera by giving him a boost into the ceiling area of the jail dormitory.

Cabrera then allegedly used the jail air duct system to access the correction officer locker room and stole a CO's uniform and boots. 

Somehow, Cabrera allegedly then made his way into the basement area under Genesee Justice (the old Sheriff's Office), which effectively meant he was out of the jail and an alleged escapee.

According to Ferrando, Cabrera was unable to proceed further because by that time corrections officers discovered he was missing. Jail-escape protocols were initiated, which included law enforcement setting up a perimeter around the building at 15 W. Main St., Batavia.

The Cabrera case, which includes multiple felonies, including two felonies charged in the Town of Batavia prior to his arrest July 22 for an alleged church burglary, will be presented to the Grand Jury on Tuesday, District Attorney Lawrence Friedman said. 

In the Town of Batavia, Cabrera was charged with possession of stolen property, 4th, and forgery, 2nd, for allegedly possessing a stolen credit card and using it.

At the end of June, Cabrera was arrested on misdemeanor charges of criminal mischief, petit larceny and conspiracy. Cabrera, with an alleged accomplice, was accused of using a rock to smash a window of a parked car and steal a purse from the front passenger seat.

In city court today, besides the escape charge, Cabrera was arraigned on charges of burglary, 3rd, stemming from his alleged attempt to escape from the jail, and criminal mischief, 3rd, for allegedly damaging county property in the process.

Judge Robert Balbick ordered Cabrera held without bail.

"The court has discretion on bail in this matter, but it's clear to the court that no bail in this case would be appropriate," Balbick said.

A 29-year-old Batavia man was jailed on a $10,000 cash bail after allegedly spitting blood on a deputy's face when the deputy attempted to arrest him at an address on Bennett Avenue, Oakfield, at 7 p.m., Thursday.

Shawn Michael Twardowski, of Montclair Avenue, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd.

Twardowski was arrested by Deputy Matthew Fleming after Fleming responded to a report that Twardowski was at the address in Oakfield in violation of an order of protection.

The criminal contempt charge was elevated to the first degree because Twardowski has a second-degree criminal contempt conviction within the past five years.

As Fleming placed Twardowski under arrest, Twardowski allegedly spit blood on the deputy's face, leading to the harassment, 2nd, charge.

Bail was set at $10,000 or $25,000 bond.

A few minutes ago, Batavia PD took a subject into custody in the 200 block of East Main Street.

The subject was seen struggling with police after he was handcuffed.

The initial indication is he will be charged with resisting arrest and disorderly conduct.

We don't have details yet on the situation, but minutes prior to his arrest there was a complaint of two male subjects fighting, with one possibly having a baseball bat, at an other location. Sgt. John Peck said he was only aware of a verbal argument proceeding the arrest.

Mercy EMS was dispatched to Batavia Police HQ for a subject who had been sprayed with pepper spray.

UPDATE 4:23 p.m.: The subject at the police station refused medical treatment.

Samantha M. Williams, 31, of 218 State St., Batavia, is charged with resisting arrest and false personation. Batavia PD contacted Williams at 8:58, Thursday, in an attempt to execute an arrest warrant out of the Town of Hamburg on charges of resisting arrest and obstructing governmental administration, 2nd. When Batavia PD officers attempted to arrest Williams, she allegedly gave a false name and then allegedly resisted arrest. Williams was issued an appearance ticket for city court and turned over to the Hamburg PD.

Nicole Marie Paddock, 24, of Liberty Street, Warsaw, is charged with harassment, 2nd. Paddock is accused of striking a female friend as the exited the concert at Darien Lake Performing Arts Center parking lot at 10:30 p.m., Thursday.

Yesterday our story on the raid at The 420 Emporium contained information from an affidavit we obtained that had been filed in support of a search warrant request.

It turns out, that affidavit came out of the Northern District of the U.S. Attorney's Office. Today, we obtained a copy of the affidavit from the Western District, which includes Batavia, Brockport and Rochester.

Below is some of the information that is specific to the WNY affidavit, presented in the order it appears in the affidavit, omitting information covered in the previous affidavit and concentrating on items relevant to Batavia:

• Product obtained at the stores allegedly contained controlled substance analogs known as alpha-PVP, Pentedrone, MPPP, UR-144, and AM2201.
• The first undercover purchase was May 10 at the Brockport store. The agent inquired about "Snowblind" and "Rave." The agent paid $60 for the products and left. Tests showed the products allegedly contained Pentedrone.
• On July 19, an undercover agent again entered the Brockport store and noticed packages of synthetic marijuana were no longer available. The agent inquired about a product called "Da Bomb." A clerk reportedly said the store did not carry the product anymore because it had been outlawed. A second clerk said the problem was the packages didn't contain a surgeon general warning and the first clerk allegedly said that somebody would "repackage that shit in like a month or two and send it back out, you know that," and the second clerk added, "You know it's going to be the same companies, different name."
• The first alleged controlled purchase by agents in Batavia was July 2. Two undercover agents entered. The first agent inquired about Amped, Pump-It and Spice. A store clerk allegedly said the Batavia location was out of Pump-It but the Rochester store might have it. UC-1 asked if a different synethetic cannabinoid had the same watermelon flavor as "Mr. Happy." The clerk allegedly said that was like "comparing apples to oranges." The UC asked for a recommendation and the clerk said she could not recommend anything, saying "people like what they like." The agent reportedly recognized face-down packages of Amped on the counter, so asked if there was any Amped available. The agent purchased one package of Amped for $65.
• The second agent requested a synthetic cannabinoid known as "Purple Haze." The agent said one of the product made his girlfriend's stomach sick and asked what product might make someone's stomach sick. The clerk said she didn't know and added that the product was not supposed to be used for human consumption. The clerk then sold the agent a package of "Purple Haze" for $21.60. The affidavit notes that agents made it abundantly clear they intended to use products for human consumption and the female clerk was reluctant to talk about it.
• On July 16, two undercover agents entered the Batavia store. The first agent asked for a packet of Snowman and the clerk said the store was out of it. "The clerk further stated the brands Rave and Snowman tested positive in 'field test,' " the affidavit says. "When asked if they had anything like it the clerk said he could not lead the agent in any one direction, but then, in a not-so-subtle fashion, displayed an empty packet of Amped." The agent said he had taken "Amped" before and tried to purchase one package for $54. When the agent couldn't produce ID, the other agent allegedly made the purchase.
• The second agent then inquired about G-13. The clerk said the product was illegal. The agent asked if any was still in stock and the clerk allegedly responded that they had "Da Bomb" and "WOW" in stock. The first agent then said, "we need papers." The clerk said he could not sell the product and papers in the same purchase "because I have to assume it is going to be consumed," allegedly adding, but "you can go outside and come back." Agent one allegedly made the synthetic cannabinoid purchase, left the store while the second agent waited, returned 10 seconds later and bought papers. 
• During the July 16 undercover buy, the clerk advised the agents 420 Emporium had been in the news recently about bath salts. The clerk allegedly explained that he would only get into trouble if he sold bath salts for human consumption.
• The Amped was not being kept in plain view, the agent notes in the affidavit. A sign read, "All products are intended for their legal purposes only. Any mention of illegal activity will not be tolerated. Thank you."
• During an alleged buy in Rochester, a clerk reportedly told an agent that there were 16 remote cameras in the store that were monitored by the owner from his home.
• The affidavit notes that the Batavia store had been subject of multiple police reports from concerned citizens and community activists. The report makes note of, but not by name, the arrest of Nicole Lang for alleged trespassing. The incident spawned increased media attention on the store and led to a protest at the location, the affidavit notes.
• Michelle Condidorio, Joshua Denise and Austin Szczur are all named in the affidavit as suspects for arrest.

Raids conducted in 109 cities around the United States yesterday were the result of local law enforcement asking for help in dealing with an exploding synthetic drug problem, the head of the Drug Enforcement Adminsitration said today during a press conference in Washington, D.C.

"There was an outpouring of requests to the DEA from chiefs and sheriffs throughout the country asking for our help," said DEA Administrator Michele M. Leonhart.

The press conference was carried live on DEA's website.

While there is work to be done to cut off the supplies of synthetic drug chemicals from China and other parts of Asia, it was the pleas for help from people in the United States that prompted the DEA to lead the first-ever nationwide crack down on the synthetic drug trade, called "Operation Log Jam."

"In this first take down, we wanted to go after the locations that are most impacting our communities," Leonhart said.

Operation Log Jam was a combined effort by the DEA, Immigration and Customs Enforcement (ICE), with assistance from the Internal Revenue Service Criminal Investigations, U.S. Postal Inspection Service, U.S. Customs and Border Protection, the FBI, Food and Drug Administration’s Office of Criminal Investigations, as well as countless members of state and local law enforcement.

In total, 91 people were arrested, more than 4.8 million packets of synthetic cannabinoids (ex. K2, Spice) and the products to produce nearly 13.6 million more, were seized. Agents also confiscated 167,000 packets of synthetic cathinones, "bath salts," and the products to produce an additional 392,000 packets.

Of course, part of Operation Log Jam was the raids on The 420 Emporium location in Batavia, as well as the other four stores in the chain and the home in Greece of the stores' owner(s).

The operation was the largest of its kind in the history of the DEA, Leonhart said.

Previously we published a story looking at the communities that had head shops alleged to be selling synthetic drugs and those villages that had no such establishment.

As part of the process, we requested an interview Brockport Chief of Police Daniel Varrenti -- several times. At one point, we got the message back that he was out of the office until Thursday.

Yesterday morning as I stood outside The 420 Emporium on Ellicott Street, Batavia, and knew the same sort of raid was taking place in Brockport I thought, "ah, this is why the chief didn't want to talk to me until Thursday."

This morning, Varrenti apologized for not getting back to me. He was in fact concerned about discussing The 420 Emporium prior to the raids.

This morning while awaiting my own appearance on "Kimberly and Beck" radio show on "The Buzz," I heard a Brockport resident talk about how many people in the community there were concerned about the 420 allegedly selling bath salts and that just like in Batavia, dozens of people drove down Market Street yesterday cheering on law enforcement during the raid.

Varrenti confirmed this morning that there were people in the community concerned that the 420 might be selling synthetic drugs and were requesting police action. He said, however, as a law enforcement issue, his officers did not handle many calls similar to what we've seen in Batavia involving bizarre and violent behavior.

There were calls, he said, involving bizarre behavior, but it was never established that they were related to bath salts.

His officers, he said, weren't necessarily looking for a connection to bath salts.

"I know I've read reports where people might have denoted some psychological problems, but we do not know if it was the result of synthetic drugs," Varrenti said.

"How do we know we haven’t come across 20 of these things, but because there was no law broken all we’re going to do is bring in the person to be evaluated for (his or her) mental health and we’re never going to know what the problem was," Varrenti added.

Varrenti said as a 33-year veteran in law enforcement including more than a dozen years as a narcotics detective, many people in the community know him as an expert in narcotics.

"If I'm a quasi-expert in anything," Varrenti said. "It's narcotics."

With that background, people were looking to his department especially to do something about the perceived problem at the 420.

"Why can't you take care of this problem we have here?" Varrenti said people would ask him.

"It's very difficult because these investigations take a long time," Varrenti said. "We don't want to lock up the clerk behind the counter. We want to get to the distributor or the importer. I'm not a patient person by nature and I can only imagine what it's like for a member of the community who has a family member (who is using bath salts), and we've gotten those complaints."

In one of the affidavits used to secure search warrants for yesterday's raids,* community complaints in Brockport are used as a justification for the search.  Varrenti provided DEA agents with an email from a community member who said "it is killing our children" and implored Brockport PD to do something about it.

*NOTE: There were two affidavits used for search warrants yesterday, one for the Northern District of the U.S. Attorney's Office and one for the Western District.  Yesterday, we only had the Northern District affidavit. Today we obtained the Western District affidavit, which is full of information specific to Batavia that was not in the Northern District affidavit. In a separate post later today we'll share information from that affidavit.

Michelle Condidorio Joshua Denise

The three clerks employed by The 420 Emporium and arrested Wednesday by federal agents have already been arraigned on charges that could send them away for as much as 20 years.

But with an investigation that's still pending and boxes and boxes of evidence to sort through, the defendants may yet find more charges piled on.

Authorities are especially interested in hearing from any potential witnesses who may have purchased synthetic drugs from the clerks, later ingested them and wound up in the hospital as a result.

The sentencing guidelines for people convicted of selling a controlled substance or its analog that leads to serious bodily harm requires a mandatory minimum of 20 years in a federal penitentiary.

"The judge has no choice," said William Hochul, U.S. Attorney for Western New York, during a press conference in Batavia on Wednesday evening. "You have to go to jail for at least 20 years and up to life imprisonment. As we’ve indicated in court, we believe that there is a possibility of that kind of sentence in this kind of case regardless of whether we proceed under the Analog Act or Title 21."

Taken into custody Wednesday were Joshua Denise, 37, a Batavia resident, Michelle Condidorio, 30, of Le Roy, and Austin Szczur, 22, of Rochester.

Denise and Condidorio are believed to have been employed at The 420 Emporium's Batavia location and Szczur reportedly worked in Brockport.

All three are suspected of selling packages of a product that contained alpha-PVP, a chemical that is an analog to MDPV. They are charged with possession with intent to distribute, and distribution of, a controlled substance analog.

MDPV became a controlled substance July 9 when President Barack Obama signed into law an act to ban a wide range of chemicals that are believed to be used in the synthetic drug trade.

An analog of a controlled substance is a chemical that has the same or similiar effect on a person as an illegal drug and was sold with the intent of human consumption.

"This stuff in the DEA’s eyes is just as bad as methamphetamine, cocaine, heroin," said James Burns, assistant special agent in charge for the DEA. "When you’re charging $60 for a 3-gram pack of some of this stuff and it’s labeled glass cleaner or plant food or bath salt, I mean that raises a red flag with me.

"It should raise a red flag with any rational individual because we all know you can go down to the five-and-dime and buy a box of bath salts for far less than 60 bucks, or a bag of potpourri for far less than what these substances are being sold for."

The alleged sale of these synthetic drugs appears to have been quite lucrative for Charles Darwin Fitzgerald, who is the owner of The 420 Emporium chain of five stores, according to federal authorities, and his live-in girlfriend Amber Snover, who has proclaimed herself the owner, on Facebook and in a public meeting, of at least four of the stores.

The couple's home at 21 West Hills Estate in Greece is worth at least $224,000.

Authorities say they recovered more than $700,000 in cash from the six locations raided by law enforcement Wednesday.

Authorities displayed potato-sack-sized bag of cash at the press conference, stuffed full of bundles of cash in denominations from $5 to $100.

Investigators said they couldn't publicly indentify at this time which location that bag of cash was seized from, but news reporters on the scene of 21 West Hills Estate yesterday said they saw officials carrying a large sack of cash from the Fitzgerald/Snover residence.

Neither Fitzgerald nor Snover were arrested Wednesday and so far are facing no federal charges.

They are free to reopen all five of their stores today. 

All of their employees who were arrested were released from custody following their arraignments.

Officials reportedly, however, seized all of the computer and electronic communication devices in the possession of Fitzgerald and Snover, including mobile phones.

The search warrant also reportedly allowed authorities to seize any written records.

With the investigation still pending, DEA agents will presumably be looking for evidence that connects Fitzgerald and Snover to knowledge of actual sales to the public or possession of a controlled substance.

According to a search warrant affidavit, the owner or owners of the 420 were able to monitor activity in the stores via remotely operated cameras.

Burns said the only reason people sell synthetic drugs is to make money.

"Even though something is called legal doesn’t make it safe," Burns said. "These are chemicals that have never been tested on either animals or humans.

"We have no idea what the long-term effects of these substances will be, and trust me ladies and gentlemen, the folks who are selling these substances and manufacturing this stuff, they’re not in it for humanitarian reasons or altruistic reasons. That (Burns pointed to the bag of money) right there is why they’re selling thses substances."

Local and state law enforcement officials spoke to the problems synthetic drugs are causing in neighborhoods and said they have presented a serious public safety hazard and difficult law enforcement problem.

"They’re manufactured in so many different ways you don’t know what's in the contents of these packages until you actually go and test them," said Major Christopher Cummings, Troop A commander, State Police. "You don’t know the reaction that can occur when a person consumes (these products) so it makes it difficult at our level in trying to address this situation.

"Some of the drugs in these packets here may be a controlled substance under New York State penal code, but then again they may not. Our federal partners are critical in addressing this fast-moving situation that we’re in."

Hochul praised the community support in alert law enforcement to what was happening with bath salts in their neighborhoods and said that law enforcement will continue to need community support if the potential damaging effects of illicit drugs is to be minimized.

"We in law enforcement will never be able to arrest our way out of any narcotics problem, including synthetic drugs," Hochul said. "I think with the public’s assistance in identifying (the availability of) these substances in these packets as being sold in the community then they can at least help to identify targets for us."

Lt. Jim Henning, Batavia PD, said the community cooperation and support as the bath salt problem seemed to spread throughout the city in recent months has been tremendously helpful.

"It’s very reassuring when the majority of your community realizes the danger that these drugs pose to the entire community," Henning said. "We’re just extremely happy with the events that took place today in our community because we realize on a daily basis the effect it has on our community and on our citizens."

The following people were arrested by members of the Sheriff's Office in connection with the Nickelback concert at Darien Lake Performing Arts Center on Wednesday.

Reuben L. Bumpus, 29, of Davis Drive, Newark, is charged with 14 counts of criminal mischief, 3rd, after allegedly throwing stones damaging 14 vehicles in the employee parking lot. Bumpus was arraigned and jailed on $10,000 bail.

Robert J. Tilton, 37, of Burkhart Road, Lexington, N.C., is charged with assault, 3rd, after allegedly punching another concert patron in the face causing a severe laceration. Tilton was arraigned and jailed on $1,000 bail.

Ryan J. Johnson, 21, of Hidden Oaks Court, Grand Island, is charged with unlawfully dealing with a child, 1st, after allegedly providing alcohol to two underage females.

Doel H. Hormats, 23, of Lake Avenue, Rochester, is charged with criminal mischief, 4th, after allegedly damaging a seat in the venue.

Dustin W. Tagg, 17, of County Road, 15 Livonia, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Jeffrey W. Donahue, 20, of Roosevelt Highway, Waterport, is charged with unlawful possession of marijuana and possession of alcohol under 21 after allegedly being found in possession of marijuana and alcohol.

Leslie W. Bardak, 50, of Hardt Lane, Amherst, is charged with DWI and aggravated DWI after allegedly being found operating a motor vehicle in the parking lot in an intoxicated condition.

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

Tyler D. Hall, 18, of Route 362, Bliss
Jonathan R. Maroone, 18, of Hamburg
Kayla M. Stephenson, 18, of Middlesex Drive, Orchard Park
Carl L. Ratze, 17, of Pine Street, Franklinville
Joshua J. Fuller, 16, of Franklin Street, Franklinville
Nicholas H. Terwilliger, 17, of Johnson Street, Franklinville
Eric D. Michaelis, 16, of 2nd Avenue, Franklinville
(name redacted upon request), 17, of Florence Drive, Ransomville
(name redacted upon request), 17, of Porter Center Road, Lewiston
(name redacted upon request), 16, of Onondaga Street, Lewiston
(name redacted upon request), 16, Dickersonville Road, Ransomville
Jazzmin B. Lewis, 16, of Parkview Terrace,Cheektowaga
Lillith O. Boyd-Gamel, 18, of Pendennis Place, Cheektowaga
Nicole S. Putland, 18, of Peachtree Road, Cheektowaga
Sarah L. Williams, 17, of Staley Road, Grand Island
Kelly E. William, 20, of Staley Road, Grand Island
Tyler M. Bartlett, 18, of Kellogg Road, Springwater

Michelle Condidorio Joshua Denise

Two Genesee County residents and one person from Rochester were arrested on suspicion of possessing -- with intent to distribute, and distribution of -- a controlled substance analog, synthetic marijuana.

U.S. Attorney General William J. Hochul Jr. announced this afternoon that Joshua Denise, 37, of Batavia, and Michelle Condidorio, 30, of Le Roy, were arrested and charged along with 22-year-old Austin Szczur, of Rochester.

The charges carry a maximum penalty of 20 years in prison and a one million dollar fine, or both. If the substances as described in the criminal complaint caused serious bodily injury, the punishment will be a mandatory 20-year incarceration and a maximum of life in prison, if convicted.

A full report from Howard with information from the DEA and State Police will be published tomorrow.

A 30-something woman walked out of the 420 Emporium at 400 Ellicott St., Batavia, this morning and told a police officer standing near the door, "Well, I picked the wrong day to come here."

Minutes before, at precisely 11:30 a.m., law enforcement officers from multiple agencies and led by an agent from the federal Drug Enforcement Administration swooped into the head shop and executed a search warrant aimed at finding evidence of illegal synthetic drug sales.

Two people believed to be employees of the 420 Emporium were taken into custody and four boxes of product marked "DEA Evidence" were removed from the store.

The raid was an apparent coordinated effort by DEA agents throughout the United States to go after the distributors of "bath salts" and other synthetic drugs.  News reports from around the country so far report bath salt-related raids in Boston, Albuquerque, Tampa, Texas and Utica.

The 420 shops in Brockport and Fulton were also raided as was the home of Charles Fitzgerald and Amber Snover at 21 West Hills Estate, Greece (mailbox, inset photo, courtesy Sean Carroll, WHAM13).

A warehouse in Tonawanda was also raided and WIVB reports it was allegedly a major distribution point for synthetic drug-trafficking throughout Western New York. Fawzi Al-Arashi was arrested at his Amherst home in connection with that raid.

The names of the two people taken into custody in Batavia this morning have not been released, nor do we know yet what federal charges they might face. They were transported to Rochester federal court for arraignment.

Authorities at the scene of the raid were not able to confirm what substances, if any, were found. We can only report that investigators -- which included agents of the Local Drug Enforcement Task Force and the State Police -- were inside the shop for two hours. DEA agents entered with flat, folded boxes and left with boxes seemingly packed to the brim of items retrieved from inside the store.

One male believed to be an employee of the store was inside at the time of the raid. A second woman showed up about 12:45 p.m. and spoke briefly with a trooper outside the shop, giggling nervously and saying she came by "to see if I still had a job."

Less than two minutes after she entered the shop she was sitting in a chair with her hands cuffed behind her back.

The same woman had been in the shop and behind the counter seemingly waiting on a customer when a reporter from The Batavian entered the store on July 17.

While Batavia PD were on scene, numerous members of the community drove by the location on Ellicott Street and honked, gave thumbs up and yelled "good job" at police officers.

"It’s very nice to see the community is supporting the efforts that we are doing here today," said Chief of Police Shawn Heubusch.

Heubusch said the DEA enforcement effort was indeed a welcome one for the community.

"This is a big relief for the City of Batavia as a whole," Heubusch said. "The residents in this community have been plagued by a problem with bath salts. To see this effort, to see that the federal government has noticed this, it is a very big relief to the residents of the city and the police department."

Asked if it felt like it took awhile for DEA to act at a time when current laws kind of tie the hands of local law enforcement, or if the DEA action seemed swift, Heubusch said, "The old saying ‘good things come to those who wait’ applies here. As with any criminal action, you need to get all of your ducks in a row and make sure you’re on good legal solid ground. I think they acted swiftly in this case."

The actual investigation into 420 Emporium appears to have taken about two-and-a-half months, according to an affidavit filed in federal court in support of a DEA request for a search warrant.

The affidavit states that a confidential informant helped supply information about the operation of the 420 shops, the practices of its owner, identified as Charles Darwin Fitzgerald, and supplied possible evidence to agents.

According to the affidavit, Fitzgerald was previously involved with the Look A Hookah shop in Rochester and that the informant has witnessed Fitzgerald provide synthetic drugs to people to sample and test so he could determine the effect on the people and the effectiveness of the product.

Fitzgerald is reportedly romantically involved with Amber Snover and they have at least one child together and both reside at 21 West Hills Estate in Greece.

Fitzgerald is identified as the sole owner of the 420 locations in Brockport, Fulton, Rochester, Henrietta and Batavia.

The affidavit focuses on two types of "Amped" allegedly sold at the 420 stores. 
There is an older product that is a white powder and a newer product that is an off-white powder. Both products are allegedly distributed by a company out of Tempe, Ariz., called Dynamic Distribution.

DEA agents intercepted two shipments headed to Rochester. Allegedly, one was specifically addressed to "Amber" at 21 West Hills Estate. (The phone number associated with the shipment is one digit off, with a an "8" where a "3" should be for the number The Batavian used to request an interview with Amber Snover earlier this week.)

The second box allegedly listed the same recipient as the first box and notes the second box required a COD payment of $23,500.

The first box weighed 22.9 pounds and was allegedly shipped from John Freeman, 3360 Annapolis Lane North, Suite A, Plymouth, Minn. 

The DEA requested and received a search warrant in order to seize the packages.

Inside, agents allegedly found 2,000 grams of "Amped Exuberance Powder," 500 grams of "White Water Exuberance Powder" and 495 grams of "Snowman Glass Cleaner."

A lab test allegedly found the Amped contained alpha-PVP, benzocaine and caffeine, and those same substances were allegedly found in the other products as well.

Alpha-PVP is apparently an analog (something like -- and under the Federal Analog Act like enough to -- a controlled substance that it's illegal to sell) of MPDV, which was made a federally controlled substance July 9 and has been a controlled substance in New York for nearly a year.

Over the past two-and-half months, according to the affidavit, agents have made a series of undercover buys at all five 420 locations.

During the undercover operation, agents noticed each of the 420 locations had security cameras that the DEA believes allowed a person at a remote location to monitor activities at the stores.

Undercover buys of Amped were allegedly made in Brockport and Batavia on July 2 and July 3.

At other 420 locations, clerks are alleged to have detailed conversations with undercover agents about the use of specific synthetic drugs, including Amped.

Bottom photo, 21 West Hill Estate in Greece, the residence of Charles Fitzgerald and Amber Snover. Photo courtesy Sean Carroll, WHAM13.