crime

The following arrests were made by the Sheriff's Office on Saturday night in connection with the Rascal Flatts concert at Darien Lake.

Anna V. Brucket, 18, of  2nd Street, Geneseo, is charged with trespass for allegedly reentering the concert venue after she was previously ejected from the concert.

Justin R. Edder, 30, of Shirley Road, North Collins, is charged with trespass for allegedly reentering the concert venue after he was previously ejected from the concert.

Robert A. Pelusio, 22, of Frostholm Drive, Rochester is charged with unlawful possession of marijuana.

Sheriff's deputies issued tickets to 59 people for alleged possession of alcohol underage 21. The names of the individuals were not released.

A man who is a passenger on a Trailways passenger bus on Park Road in Batavia is reportedly threatening to shoot people once the bus arrives at its destination in Rochester. The bus driver is in a store asking that the man be removed from the bus. The suspect is described as 6 feet tall, wearing a yellow shirt and is said to be sitting in the seat right behind the driver. Multiple law enforcement units are responding.

UPDATE 12:48 p.m.: A Mercy ambulance is dispatched to the deli at 8204 Park Road to transport the man who allegedly made the threats to a mental health facility for evaluation.

Nicholas Adam Antonucci, 25, of 4192 Broadway Road, Alexander, is charged with burglary, 3rd, two counts of grand larceny, 3rd, and one count of grand larceny, 4th, following a traffic stop on Ellicott Street in Batavia on June 26. Sheriff's K-9 Deputy Brian Thompson stopped Antonucci to arrest him on a warrant out of Attica Town Court, which was ordered following an investigation of stolen four-wheelers and dirt bikes from homes in the Attica area. The suspect in the thefts was arraigned in Attica Town Court and put in Wyoming County Jail on $100,000 bail. In addition, a search warrant was executed at Antonucci's residence and a 2009 Dodge pickup truck was seized. The investigation is continuing and numerous charges are pending. Those working the case include Genesee County Sheriff's investigators Timothy Weis and Chris Kautz, State Police Investigator Scott Mills and Trooper John Szymkowiak, and in Wyoming County, Sheriff's Investigator Aaron Anderson, Deputy Steve Miller, Undersheriff Greg Rudolph and Lt. Ed Till.

Douglas Peter Pytlik, 30, of Linwood Avenue, North Tonawanda, is charged with disorderly conduct and was arraigned in Darien Town Court at 1 a.m. this morning. He is accused of walking westbound on Route 77, in the middle of the road, obstructing traffic from passing by him. Sheriff's Sgt. Gregory Walker made the arrest.

Brent Edward Bierman, 23, of Wadsworth Hill Road, Scion, is charged with driving while intoxicated, aggravated DWI -- driving with a BAC of .18 percent or higher, driving without headlights, and not wearing a seat belt. Bierman was arrested at 1:03 a.m. this morning following a traffic stop on Sumner Road in the Town of Darien. Sheriff's Deputy Jason E. Saile made the arrest.

The following people were arrested in conjunction with the Eric Church concert at Darien Lake Performing Arts Center on Thursday.

Jon A. Naumowicz, 36, of Meadowbrook Parkway, Cheektowaga, is charged with two counts of harassment, 2nd, public lewdness and criminal impersonation. Naumowicz allegedly urinated on a female and then got into a physical altercation with the female and a male acquaintance. When security officers intervened in the physical disturbance, Naumowicz displayed a gold badge and identified himself as a Cheektowaga Police Officer. Investigation revealed that Naumowicz had displayed a gold badge that identified Naumowicz as a volunteer firefighter and emergency medical technician.        

Elizabeth M. Czerniak, 22, of Fairview Drive, Alden, is charged with harassment, 2nd, trespass and criminal trespass, 3rd, for allegedly being in an area that she was restricted from being. When Czerniak was approached by security officers she allegedly fought with security guards.

Jamie D. Doelman, 20, of Fox Trace, Lancaster, is charged with two counts of harassment, 2nd, for allegedly striking two individuals in the face.   

Daniel J. Jankowiak, 23, of North Star Road, East Aurora, is charged with disorderly conduct and resisting arrest. Jankowiak allegedly interfered and caused a disturbance in the parking lot while deputies were conducting an investigation. When the deputies attempted to place Jankowiak into custody, he attempted to flee from the officers. Jankowiak was caught after a brief foot chase. 

Alicia M. Kessel, 22, of Tiverton Court, Derby, is charged with trespass. Kessel allegedly entered the concert venue after having been previously evicted from the concert.

David J. Vattes, 35, was arrested on a violation of probation warrant from Cattaraugus County. Vattes was turned over to the Cattaraugus County Sheriff’s Office.

Joseph E. Amadori, 19, of Tillen Road, Boston, is charged with DWI, Driving with BAC of .08 or greater and following too closely after an alleged accident in the parking lot. 

The following citations were issued for alleged underage possession and/or consumption of alcohol.

Thomas J. Coleman, 17, of East Avenue, Gasport. Coleman was also charged with unlawful possession of marijuana, for allegedly possessing a quantity of marijuana. 
Ashley E. Avino, 19, of Woodsfield Drive, Lakeview
Dylan J. Scinta, 17, of Huntingwood Drive, East Amherst
Alexander T. Miller, 18, of Golden Pheasant Drive, Getzville
Evan A. Lang, 18, of Forestbrook Court, Getzville
Rickard K. Woodrow, 18, of Garlow Road, Lewiston
Bridget N. Gromley, 17, of Danbury Lane, Kenmore
Sydney D. Phillips, 20, of Lovers Lane, Batavia
Patricia L. Larkin, 19, of Countryside Lane, Williamsville
(Name Removed Upon Request), 18, of Oakfield Lane, Williamsville
Stephanie A. Plair, 17, of Westminster Road, West Seneca
Taylor C. Petroff, 17, of Lake Avenue, Orchard Park
Paul W. Kucinski, 17, of Millcreek Drive, East Amherst
Kayla M. Bennion, 17, of Liberty Street, Arcade
Karolyn M. Frangos, 16, of North French Road, Amherst
Benedict C. Ferro, 17, of Emerald Trail, Williamsville
William M. Coyne, 16, of East Avon Road, Avon
Ashley J. Lyskawa, 17, of Pinehurst Court, East Amherst
Rebecca S. Czarniak, 19, of Fairview Drive, Alden
John Zaccarella, 16, of Slusarie Road, North Tonawanda
Daniel J. Harrington, 18, of South Transit Road, Lockport 
Dina M. Giancarlo, 18, of Crescent Court, Cheektowaga
Kathryn C. Horvatits, 18, of Katherine Street, Lancaster
Chad M. Mahoney, 19, Sunset Lane, Springville
Andrew J. Baranyi, 19, of Carriagehill Court, Williamsville
(name redacted upon request), 18, of Delemere Road, Williamsville
Ryan J. Winkler, 17, of Deer Ridge, Getzville
Michael A. Nowicki, 18, of Tiburon Lane, East Amherst
Dylan J. Coldiero, 20, of Tucarora Road, Buffalo
JoAnna M. Dunn, 19, of Twilight Lane, Hamburg

A 31-year-old Le Roy man who lives on School Street was arrested Wednesday and charged with one count each of criminal possession of a weapon, 4th, menacing, 2nd, and criminal possession of a controlled substance, 7th. All are Class A misdemeanors.

Tommy L. Mobley was arrested by Le Roy police after a reported disturbance on Hilltop Drive in the village in which he was allegedly chasing another person down the street with his vehicle. He also allegedly confronted the victim with a knife, threatening the victim and placing that person in fear of injury, according to information from Det. John Condidorio.

The disturbance allegedly started when Mobley thought the victim had unlawfully entered a relative's residence. During the investigation, a knife and cocaine were found, allegedly in Mobley's possession. Mobley was arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Robert Lee Hizer, of East Avon - Lima Road, Avon, is charged with: aggravated driving while intoxicated with a child in the vehicle under age 15 (Leandra's Law); driving while intoxicated; aggravated unlicensed operation of a motor vehicle, 3rd; improper signal; and not wearing a seat belt. Following arraignment, Hizer was jailed on $25,000 cash bail or $50,000 bond. The charges stem from the 32-year-old's alleged robbery of a convenience store on Lake Street in Le Roy on the morning of June 23, and then leading police on a pursuit. He is scheduled to appear in Le Roy Town Court at 1 p.m. on Monday, July 9. The case was investigated by Deputy Jason E. Saile.

Eric R. Swede, 24, of Perry Road, Pavilion, was arrested by Wyoming County Sheriff's deputies at his home on June 26 on an outstanding warrant for a violation of probation. He was arraigned in the Town of Covington Court and committed to the Wyoming County Jail without bail. He is scheduled to appear in the Covington courtroom on July 2 for further proceedings.

Kyle W. Nash, 24, of Route 5,  Stafford, is charged with criminal contempt, 2nd, for allegedly violating a stay away court order of protection which was issued June 25. The following day, he allegedly entered the residence of the protected person. He was issued an appearance ticket for July 3 in Stafford Town Court. The case was investigated by Deputy Frank Bordonaro.

In Genesee County Court today, attorney Earl Key, representing Jacquetta Simmons, the 26-year-old Batavia resident accused of punching a 70-year-old Walmart employee on Christmas Eve, asked Judge Robert C. Noonan a series of specific questions about how juries are selected in his courtroom.

Key was there with co-counsel Ann Nichols and Simmons for a hearing on motions filed by the defense and as things were wrapping up, Key wanted to be sure he understood Noonan's ground rules.

The information will be important because outside of court after the hearing, Key told reporters, "I definitely intend to go to trial."

From the time Key was first retained to represent Simmons, he's said there's more to the case than has been reported in the media.

Asked to elaborate, especially in context of having now reviewed video surveillance tapes from Dec. 24, Key's only example of misinformation was that it's been reported that the victim, Walmart employee Grace Suozzi, was near the front door working as a greeter. She was actually working as a cashier that day.

Asked if the tape showed anything else, such as whether Souzzi grabbed the bag from Simmons, Key said, "I'll let that come out at trial."

Today's hearing was scheduled to cover a series of motions filed by Key, including a challenge to the constitutionality of a section of New York law that makes it a felony for a younger person to hit somebody over age 65.

This motion was supposed to be heard a week ago, but the Attorney General's Office was not notified of the challenge as required by law.

The AG's office has now been notified, but the letter did not include notice of today's scheduled hearing, so Noonan set another date, July 16, for the hearing.

Noonan said if history is any indication, the AG's office will not send a representative to the hearing, but rather write the court and inform Noonan that it opposes the challenge but reserves the right to appeal if Noonan finds the law unconstitutional.

This is at least the second time the law has been challenged by a defense attorney. The first time was in Queens, and that attorney lost his motion, but Key said he's raising two additional matters not addressed by the previous attorney.

While he declined to elaborate on the differences, Key said the main issue he is challenging is the vague language of the statute.

"It's vague in meaning and unclear," Key said. "It’s unclear if our client had to know if the alleged victim was 65 years of age. That’s the real question here."

If there is a trial, jury selection will begin Aug. 20 in county court.

The July 16 hearing will also be the last opportunity for Simmons to accept any possible or potential plea offer. If no plea agreement is reached before Simmons leaves court July 16, she will either go to trial or have to accept an unconditional plea.

John A. Cabrera Jr., 22, with no permanent address, is charged with criminal mischief, petit larceny and conspiracy; Rosemary R. Waters, 26, with no permanent address, is charged with criminal possession of stolen property and conspiracy. Cabrera and Waters are accused of teaming up on a larceny at Tops Friendly Market at 7:30 p.m., Monday, when Cabrera allegedly used a rock to smash a window of a parked car and steal a purse from the front passenger seat.

Robert VanDyne, 30, of 46 South St., Le Roy, is charged with harassment, 2nd, and two counts of criminal mischief, 4th. VanDyne is accused of being involved in a domestic dispute early Sunday morning in which he allegedly grabbed a female's wrist and twisted a mobile phone out of her hand and then broke the phone, preventing the woman from calling 9-1-1.

Bradley Michael Crandall, 44, of Lake Street, Le Roy, is charged with DWI, driving with a BAC of .18 or higher and leaving the scene of a property damage accident. Crandall is accused of driving drunk in the Tops parking lot in Le Roy at 7:03 p.m., Tuesday, when he allegedly struck a parked vehicle and then moved his car to another parking space.

Medics are responding to aid a man who received a laceration in a fight at 7614 Oak Orchard Road in Elba. When the call came in, the dispatcher said the altercation "sounds very violent." Law enforcement is on scene. Elba Fire Department is also responding.

UPDATE 2:32 p.m.: The man is being taken to UMMC with several cuts on his right arm. Elba is back in service.

Jacob Anthony Gilmore, 26, of Alleghany Road, Darien, is charged with DWI, driving with a BAC of .18 or greater and moving from lane unsafely. Deputy Kevin McCarthy responded to a complaint at 3:57 a.m., Thursday, to a report of a vehicle in a ditch at 2180 Bennett Road, Darien, and following an investigation placed Gilmore in custody for allegedly driving drunk. Gilmore was jailed on $500 bail.

David B. Bruise Jr., 39, of Knapp Road, Akron, is charged with petit larceny and harassment, 2nd. Bruise is accused of shoplifting from Kmart. When Bruise left the store, he allegedly pushed an employee who tried to stop him from leaving. Bruise was located in the parking lot of Target and taken into custody.

Rosemary Renee Waters, 26, of Roosevelt Drive, Batavia, is charged with petit larceny, criminal trespass, 3rd, and false impersonation. Waters is accused of shoplifting at Kmart. When confronted by Kmart security and a Sheriff's deputy, Waters allegedly fled on foot. After a short pursuit, Waters was taken into custody. Waters was allegedly banned from Kmart because of a previous shoplifting complaint. While being processed on the arrest, Waters allegedly provided Deputy Howard Carlson with a false name and false date of birth.

Kyle William Nash, 24, of Main Road, Stafford, is charged with endangering the welfare of a child, unlawful imprisonment, 2nd, and harassment, 2nd. Nash is accused of arguing with another person, pushing that person to the floor and holding that person down for a period of time. The alleged incident occurred within close proximity to a 2-week-old infant.

A concerned Genesee County mother has helped put a child pornographer -- an Irish national living in New Jersey -- in federal prison, according to John Dehm, juvenile officer for the Sheriff's Office.

The mother contacted Dehm more than two years ago, upset because her daughter had been coerced into sending nude pictures of herself to a 14-year-old boy she met on Facebook.

Dehm decided to try and confirm the boy's identity.

The investigator was able to contact one of the 14-year-old's Facebook friends in Colorado and question him about his knowledge of the boy.

The Colorado teen was certain, he said, that the 14-year-old boy attended his school.

When Dehm checked with school officials, no children by that name were registered there.

Through his investigation, Dehm was able to determine that the suspect was an adult male posing as a teenager who'd built up clusters of online contacts on Facebook and other sites throughout the United States.

Seeing where the case was headed, Dehm contacted the FBI.

Federal investigators identified the suspect as Farrell Corrway, now 29, and began monitoring his online activity.

When Corrway announced on Facebook his intention to return to Ireland, the FBI contacted ICE and agents placed him on a watch list.

On Sept. 7, 2010 Corrway checked in for his flight in Newark and border agents pulled him aside and asked him if there was anything in his bags he would be concerned about letting them look at.

Corrway became visibly nervous, Dehm said.

Agents conducted a search of Corrway's belongings and detected several images of child pornography on an external hard drive in his possession.

An eventual forensic examination of the hard drive would reveal more than 600 images, some of them quite disturbing, according to one report.

Corrway entered a guilty plea in federal court May 31 to one count of transportation of child pornography. He faces from five to 20 years in federal prison. Sentencing is set for Sept. 11.

Corrway was in the U.S. on a travel visa. It was his second trip to America, with the first as part of a 24-month cultural exchange with Ireland known as the "Walsh Visa Program."

Dehm said the case points out the need for parents to be vigilant about their children's online activity.

There are people out there, he said, who will pose as a cool, 14-year-old kid to compromise the safety of children.

Photo: Courtesy of colleague and fellow indie online publisher Jerry DeMarco, of the Cliffview Pilot.

State Police in Wyoming Country received a tip Friday that a woman was allegedly driving drunk with a 4-year-old in the car.

After checking the Town of Covington area, Troopers were informed the woman was heading to Top's Market in Le Roy.

Angela R. Kruse, 40, of Pavilion, was stopped at Tops and subsequently arrested.

State Police alleged Kruse was driving with a BAC of .14 and had a 4-year-old in the vehicle.

Kruse was transported to the Warsaw station for processing and the young girl was turned over to a childcare provider at the scene.

Following arraignment in Le Roy, Kruse was jailed on $1,000 bail.

The Wyoming County Sheriff's Office assisted in the initial investigation.

Timothy P. Brown, 37, of 10 Hutchins Place, rear, is charged with stalking, 4th. Brown is accused of repeatedly contacting a former friend after being told to stop contacting that person. Brown was allegedly texting the former friend after the former friend asked him to stop and after he was warned by police to have no further contact.

Maxwell Raymond Pfendler, 20, of South Lake Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater and unlawful possession of marijuana. Pfendler was stopped at 7:55 p.m. Saturday on Route 63, Batavia, for allegedly speeding by Deputy Matthew Butler.

Wayne H. Austin, 37, of Ivison Road, Byron, is charged with reckless endangerment, 2nd. Austin is accused of purposefully swerving his vehicle in the roadway at another vehicle.

Linda K. Garrettson, 55, of Wynanskill, is charged with possession or sale of unstamped cigarettes and possession and transport of 10,000 or more unstamped cigarettes; James A. Lapi, 60, of Palatine Bridge, is charged with possession and transport of 10,000 or more unstamped cigarettes. Garrettson and Lapi were arrested by State Police. Garrettson was taken into custody at the State Police Barracks in Batavia at 1:21 p.m. Friday, and Lapi was arrested on Bloomingdale Road at 10:15 a.m., Friday. Lapi was jailed on $700 bail.

A 32-year-old Monroe County resident is accused of robbing a gas station on Lake Street on Saturday morning, and then leading police on a pursuit. He may also face drunken driving charges under Leandra's Law.

Robert Lee Hizer, who police believe has been staying temporarily at a residence in Le Roy, allegedly walked into the convenience store of the gas station and handed the clerk a note demanding cash and cigarettes.

While Hizer initially fled on foot, police believe he got into a car, which a witness quickly identified and responding units -- which included Le Roy PD, Sheriff's deputies and State troopers -- were provided the description.

A short time after the 9:27 a.m. robbery report, a police officer attempted to stop the suspect's vehicle, but the driver allegedly sped to School Street, stopped the car and fled on foot.

Officers pursued the suspect on foot on School Street, Mill Street and into the Oatka Creek.

Hizer was apprehended as he came out of the creek on the east side, at which time officers identified him as the suspect in the robbery.

Hizer is charged with one count of robbery, 3rd, and may face drunken driving charges under Leandra's Law for allegedly driving drunk with a child under age 16 in his car. He may also be charged with endangering the welfare of child.

Following arraignment, Hizer was jailed on $25,000 cash bail or $50,000 bond.

In a statement, Le Roy PD said, "The Le Roy Police wish to acknowledge the cooperation of nearby citizens, the Genesee County Sheriff’s Department, the Genesee County District Attorney’s Office, the Livingston County Sheriff’s Department and the New York State Police for assisting in the incident in which the suspect was identified and arrested within two hours."

A caller reports that a motorcyclist is operating his bike erratically and also driving up on the sidewalk in the first block of Lake Street in the Village of Le Roy. Police are responding.

A man called dispatch roughly a half hour ago and reported that he had been attacked on Hutchins Place in the city earlier today, and the next thing he knew he "woke up at his mother's" on State Street. Police are investigating.

Alexander J. Kessler is indicted on counts of criminal sexual act, 1st, criminal sexual act, 3rd, sexual abuse, 1st, endangering the welfare of a child and unlawful dealing with a child. Kessler is accused of providing a female age 17 or under with marijuana and alcohol, and then subjecting her to oral sexual contact without her consent and at a time she was unable to consent because she was physically helpless. The alleged conduct reportedly took place Feb. 25 and/or Feb. 26 in the Town of Le Roy.

Anthony J. Goulet is indicted on a count of assault, 2nd. Goulet is accused of injuring another person by hitting him with a beer bottle on June 15.

Thomas Hammerl is indicted on counts of falsifying business records and criminal purchase of a weapon. Hammerl is accused of attempting to purchase a J. Stevens single 12-gauge shotgun from Gary C. West of Sheard’s Antiques and Guns and falsely answering a question on a U.S. Department of Justice form ATF 4473 regarding his legal eligibility to purchase a gun. Hammerl is allegedly barred from owning firearms due to either a prior conviction or "some other disability which would render him ineligible to lawfully possess a firearm, rifle or shotgun in this state."

Rocco A. Ballacchino, 53, of Red Jacket Parkway, Buffalo, is charged with grand larceny, 4th. Ballacchino is accused of stealing $1,267 worth of flooring from the Home Depot in Batavia. Ballacchino was arraigned and held without bail.

A 17-year-old resident of River Street, Batavia, is charged with unlawful possession of marijuana. The youth was stopped on River Street at 9:25 p.m., Thursday, by Deputy Patrick Reeves.

A man who resides on the fourth floor of Washington Towers told dispatch he was "jumped at Austin Park" and police are going there to interview him about his complaint.

The senior housing complex is located at 1 State St. in the City of Batavia, adjacent to the park.

Several calls have been made to dispatch in recent weeks complaining of fights and other distrubances at Austin Park.

The attorney for Jacquetta B. Simmons, the 26-year-old Batavia resident accused of assaulting a 70-year-old Walmart employee on Christmas Eve, is challenging the constitutionality of one of the laws used to charge his client.

Earl Key, a Buffalo attorney, filed a motion May 31 seeking dismisal of count two of the criminal indictment, which alleges assault in the second degree on a person 65 or older. Key's motion states that the relatively new law on which the count is based violates Simmons' rights under the 5th and 14th amendments of the U.S. Constitution.

Key was scheduled to appear in Genesee County Court today to argue his motions but according to his assistant attorney, Ann Nichols, Key was too sick to appear and she asked that the case be continued until next week.

The continuance benefits Key's case, because according to court discussion between Assistant District Attorney Melissa Cianfrini and Judge Robert C. Noonan, Key did not notify the Attorney General's Office of his motion challenging the constitutionally of the law, as required by court procedure.

Noonan said if Key had appeared today, he likely would have dismissed the motion due to the insufficiency of notification of the AG's office.

Simmons is accused of hitting Grace Suozzi, who was working as a checker at Walmart on Christmas Eve, after the 70-year-old reportedly asked to see the contents of a bag being carried by Simmon's brother. An argument reportedly ensured and according to witness accounts, Simmons allegedly punched Suozzi, breaking bones in her face.

In April, Simmons was arraigned on one count of assault in the second degree and one count of assault in the second degree on a person age 65 or older, making her the first person in Western New York charged under the relatively new statute.

In his written motion, Key argues the statute is unconstitutional because:

• There is no legitimate state interest in affording a higher level of protection to a class of citizen based solely on age;
• The law requires the defendant have knowledge of the victim's age, and a defendant would have know way of knowing a victim's age at the time of the assault;
• The statute is unfair and unreasonable because it elevates "an otherwise garden variety assault" from a Class A misdemeanor to a Class D felony;
• The law is "arbitrary and capricious" in affording a person age 65 and older protection not afforded a person age 64 or younger.

According to Cianfrini's written response, prior case law establishes that legislative acts are presumed to have a legitimate state interest unless clearly shown otherwise, which, she argues, Key did not do.

She wrote that the legislative intent is clearly spelled out in the bill's supporting documents and that the state lawmakers had concerns about protecting the elderly "who are particularly susceptible to crimes as a result of their age."

"Specifically," she wrote, "the legislative history reveals that the statute was enacted because 'seniors are generally more vulnerable to injury and less able to protect themselves from younger persons.' "

Cianfrini also countered Key's point on the defendant's intent and need to know the victim's age, saying the law clearly spells out that the victim only meet the age requirement, not that the defendant know the age of the victim.

Legislative history in fact says legislators expected that "there is no requirement that the prosecutor prove the defendant knew or had reason to know the victim's age."

Simmons is scheduled to reappear in court at 3:15 p.m., June 27, for a hearing on Key's motions, which also include standard pre-trial motions related to the sufficiency of the grand jury indictment and evidence.