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Law and Order: Alexander woman charged with menacing after road rage incident on Oak Street, Batavia

By Billie Owens

Lisa Marie Fox, 48, of Broadway Road, Alexander, is charged with third-degree menacing. Fox was arrested at 12:08 p.m. on Dec. 24 on Oak Street in Batavia following a road rage incident. It is alleged that she "displayed an object in a way to appear as to have a knife while engaged in a verbal dispute with another person." The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

James F. Perry, 34, of Central Avenue, Batavia, is charged with second-degree criminal contempt. Perry was arrested after a domestic incident. It is alleged that he damaged the front door to a female's apartment at 8:48 p.m. on Dec. 27 on State Street in Batavia "in full violation of an order of protection." Perry was located walking on Washington Avenue. He was released on an appearance ticket and is due in Batavia City Court on Jan. 14. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Miah Stevens.

Randy K. Wilmet, 43, of Bank Street, Batavia, is charged with unlawful  imprisonment. He was arrested at 9:46 p.m. Dec. 26 on Bank Street after allegedly preventing a person from leaving their residence. He was arraigned in Batavia City Court then released on his own recognizance. He is due back in city court on Jan. 16. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Christopher Lindsay.

Victor Trejo, 32, of East Main Street, Batavia, is charged with: driving while intoxicated; speed not reasonable and prudent; and DWI with a BAC of .18 percent or higher. At 3:07 a.m. on Dec. 19, Trejo was arrested following a property damage accident on Ellicott Street Road in Pavilion. He was given appearance tickets and is due in Pavilion Town Court on Jan. 14. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Jenna Ferrando.

Lillian A. Doll, 25, of Buffalo (no address provided), is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI -- first offense; and operating a motor vehicle with a suspended registration. Doll was arrested at 12:23 a.m. on Dec. 29 after an investigation on Alleghany Road in Pembroke after the vehicle she was driving ran out of fuel. She is issued an appearance ticket and is due in Pembroke Town Court on Jan. 16. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Karen E. Scott, 51, of Thurston Road, Rochester, is charged with aggravated unlicensed operation in the first degree and speeding. At 2:48 a.m. on Dec. 29, Scott was allegedly observed driving in excess of the posted 30 mph speed limit on Main Street in Batavia. A traffic stop was conducted and it was determined that Scott possessed a revoked non-driver ID, with 10 or more scoffs on 10 or more dates. She was issued an appearance ticket and released on her own recognizance. She is due in Batavia City Court on Jan. 15. The case was handled by Batavia City Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Shawn Philip Stevens, 42, of York Road, Le Roy, is charged with disobeying a mandate. At 2:53 a.m. on Dec. 23, Stevens was arrested after the investigation of a suspicious condition. He allegedly violated a court order of protection. He was issued an appearance ticket and is due in Elba Town Court on Jan. 22. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy James Stack.

Thomas James Leonard, 36, of East Main Street, Batavia, is charged with: falsifying business records in the first degree; petit larceny; and sixth-degree conspiracy. He was arrested at 5:08 p.m on Dec. 30 following a larceny complaint at Walmart in Batavia. Leonard was processed at the Genesee County Jail and issued an appearance ticket and is due on Town of Batavia Court on Jan. 9. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Joshua Brabon. While being processed at the jail, Leonard allegedly introduced contraband at the facility. He is therefore also charged with promoting prison contraband in the second degree. He is due in Batavia City Court to answer that charged on Jan. 7. Deputies Krzemien and Brabon handled that case, too.

Michelle Lynne May, 45, of East Main Street, Batavia, is charged with sixth-degree conspiracy and petit larceny. On Dec. 30, following a larceny complaint at Walmart in Batavia, May was arrested at 4:57 p.m. She was issued an appearance ticket and is due in Town of Batavia Court on Jan. 9. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Kyle Krzemien.

Law and Order: Batavia man arrested after Christmas Day domestic incident on East Main Street

By Billie Owens

Ernest D. Lane, 61, of East Main Street, Batavia, is charged with: criminal obstruction of breathing; unlawful imprisonment; aggravated family offense; and first-degree criminal contempt -- physical contact. Lane was arrested at 8:21 p.m. on Dec. 25 following a domestic incident on East Main Street. It is alleged that he prevented a person from leaving an apartment and had physical contact with that person, in violation of a stay away order of protection. He was arraigned in Batavia City Court on the morning of Dec. 26 and is to appear in court at later date (unspecified). The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Wesley Rissinger.

Zachary N. Knapp, 22, of East Avenue, Batavia, is charged with: driving while intoxicated; aggravated DWI with a BAC of .18 percent or higher. Knapp was arrested at 2:53 p.m. on Dec. 23 on East Avenue after allegedly operating a vehicle that had a flat tire. He was transported to Batavia Police Headquarters and issued appearance tickets. He is due in Batavia City Court on Jan. 15. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Mitchell Cowen.

Stormy Marie Watts, 22, of Main Road, Stafford, is charged with fourth-degree criminal possession of stolen property -- a credit card. At 11:30 a.m. on Dec. 27, Watts was arrested following an investigation. It is alleged that Watts possessed and attempted to use a stolen Walmart credit card at 7:02 p.m. on Dec. 22 at the Batavia Walmart. She was issued an appearance ticket and is due in Batavia Town Court on Jan. 9. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro.

Brittney N. Rodriguez, 31, of Washington Avenue, Batavia, is charged with petit larceny. She is accused of stealing fake nails from the Dollar General store on East Main Street in Batavia at 9:43 a.m. on Dec. 12. She was arrested and released on an appearance ticket. She is due in Batavia City Court on Jan. 7. The case was handled by Batavia Police Officer Nicole McGinnis.

Daniel William Mosholder, 27, of North Spruce Street, Batavia, is charged with petit larceny. He was arrested after a shoplifting incident was reported at Dollar General on East Main Street in Batavia at 8:22 p.m. on Dec. 23. He was processed on scene and released with an appearance ticket for Jan. 14 in Batavia City Court. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

Stafford home-invasion robbery suspect released from hospital, charged with three felonies

By Billie Owens

The 36-year-old Lodi man who was shot in early November following an alleged home-invasion robbery in Stafford has been released from the hospital and was arraigned on charges Thursday afternoon.

Charles Elias Cooper (inset photo left), 36, of West Seneca Street, Lodi, is charged with: first-degree burglary -- the use or threatened use of a dangerous instrument, a Class D felony; first-degree robbery -- forcible theft with use of a dangerous instrument, a Class B felony; third-degree grand larceny -- of property value that exceeds $3,000, a Class D felony.

The charges stem from an alleged home-invasion robbery at 8:45 p.m. on Nov. 5 on Clinton Street Road.

Cooper is accused of forcing his way into a residence with a Crosman SNR357C02 dual ammo full-metal revolver pellet gun, a dangerous instrument. It is alleged that Cooper verbally threatened the lives of the homeowners with the dangerous instrument and then stole more than $3,000 in cash from them.

It is believed that Cooper was familiar with the residence and specifically targeted it.

Cooper was arraigned in Stafford Town Court at 2:30 p.m. Dec. 26 and then jailed on $50,000 bail. He is scheduled to appear again in Stafford Town Court at 9 a.m. on Jan. 7.

At 9:05 p.m. on the day of the incident, the Genesee County Emergency Dispatch Center received a call from a resident on Clinton Street Road in Stafford who reported that an unknown male suspect, later identified as Charles Elias Cooper, had forcibly entered their home with what appeared to be a pistol. The suspect threatened the homeowners and demanded money.

According to the preliminary investigation, the homeowner was able to retrieve his own long gun during the confrontation and he fired one round, which struck and incapacitated the suspect.

Shortly thereafter, Sheriff's deputies arrived and took the suspect into custody without further incident.

The suspect was treated at the scene and then transported via Mercy Flight to Strong Memorial Hospital in Rochester for further treatment. He was subsequently listed in critical condition.

The two occupants of the home were not injured.

Because the investigation indicates this was not a random act and that the residence was specifically targeted, investigators believe there is no reason to have further concern for the public safety of residents in the vicinity. It is believed the suspect acted alone.

The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus.

Law and Order: Washington Avenue man charged with three felonies after South Main tumult

By Billie Owens

Ahdeosun R. Aiken Jr., (inset photo, left) 21, of Washington Avenue, Batavia, is charged with: criminal contempt in the first degree -- a Class E felony; first-degree burglary -- a Class B felony; fourth-degree criminal mischief -- a Class A misdemenor; third-degree assault -- also a Class A misdemeanor; and second-degree robbery -- a Class C felony. Aiken was arrested on Dec. 21 following a disturbance that occurred at 1:35 a.m. on South Main Street in Batavia. He was allegedly located hiding in an upstairs bedroom. Following his arraignment in Batavia City Court, he was jailed on $10,000 cash bail, or $20,000 bond, or $30,000 secured bond with a 10-percent deposit. He was due back in city court on Dec. 23. The case was handled by Batavia Police Officer Sean Wilson, assisted by Wesley Rissinger.

John Joseph Sadler Jr., 32, no permanent address, of Batavia, is charged with second-degree burglary of a dwelling and first-degree criminal contempt -- with a prior conviction of aggravated criminal contempt with the last five years. Saddler was arrested after police were called to Washington Avenue for a disturbance at 2:02 p.m.on Dec. 20. After an investigation, police found Saddler on location in violation of a stay away order of protection. He was arraigned in Batavia City Court and jailed. He was due to return to court on Dec. 24. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

Matthew J. Reed, 35, of Hutchins Place, Batavia, 35, is charged with trespass. He was arrested after allegedly committing the violation at 10:22 p.m. on Dec. 14 at an address on Park Avenue in Batavia. Reed was arrested and arraigned in Batavia City Court on Dec. 24. He was released on an appearance ticket and was due back in court on Dec. 24. The case was handled by Bataiva Police Officer Nicole McGinnis, assisted by Officer Kevin DeFelice.

Person reportedly pulls knife on caller to dispatch following road rage incident

By Billie Owens

City police are responding to two vehicles parked roadside on Oak Street, just north of La Crosse Avenue.

"Apparently, some sort of road rage incident," the dispatcher says, adding that the caller reports "the suspect" pulled a knife on her. 

Then the caller reported that the person was following her down the roadway.

Police tell dispatch they are on scene just north of Tracy Avenue.

Law and Order: Jackson Street man accused of strangulation jailed without bail

By Billie Owens

Jeremy M. Fairbanks, 41, of Jackson Street, Batavia, is charged with second-degree strangulation. Fairbanks was arrested following an investigation into a domestic dispute that occurred at 10:15 a.m. on Dec. 13 on Jackson Street in Batavia. He was arraigned in Batavia City Court at 3:03 p.m. on Dec. 18 and jailed without bail. He was due to return to court on Dec. 19. The case was investigated by Batavia Police Officer Peter Flanagan.

Edward G. Ruckdeschel, 57, of Liberty Street, Batavia, is charged with: unauthorized use of a vehicle in the second degree; grand larceny in the fourth degree; and criminal possession of stolen property in the fourth degree. Ruckdeschel was arrested following an investigation into a stolen vehicle complaint made at 4:47 a.m. on Dec. 7. It is alleged that the defendant stole a vehicle from a parking lot of a business in the city. He was arraigned in Batavia City Court at 3:30 p.m. Dec. 17 and jailed without bail. He will return to court at a later date (unspecified). The case was investigated by Batavia Police Sgt. Matthew Lutey, assisted by Officer Matthew Wojtaszczyk.

David Michael Martin, 59, of Scott Crescent Drive, Scottsville, is charged with third-degree grand larceny. At 4:10 p.m. on Dec. 22, Martin was arrested following an investigation into a larceny complaint (unspecified). Martin was arraigned in Batavia City Court at 7:30 p.m. the same day, then released on his own recognizance. He is due back in court on Jan. 6. The case was handled by Genesee County Sheriff's Deputy Jared Swimline.

Matthew Jacob Reid, 25, of Main Street, Warsaw, is charged with: driving while ability impaired by drugs; and unable to maintain lane. Reid was arrested following an investigation of a possible medical complaint reported at 12:27 a.m. on Oct. 12 on March Road in Bethany. He was released on appearance tickets and is due in Bethany Town Court on Jan. 7. The case was investigated by Genesee County Sheriff's Deputy James Stack.

Jamie Valerie Hart, 21, of Ellicott Street, Batavia, is charged with: aggravated unlicensed operation in the third degree; unlawful possession of marijuana; and speed exceeding 55 mph. On Dec. 21 at 3:57 p.m. Hart was arrested on Clinton Street Road in Byron. The defendant was released on appearance tickets and is due in Byron Town Court on Jan. 13. The case was handled by Genesee County Sheriff's Deputy David Moore.

Law and Order: Washington Avenue women accused of violating an order of protection

By Billie Owens

Melody J. McMaster, 48, of Washington Avenue, Batavia, is charged with second-degree criminal contempt. McMaster was arrested on Dec. 9 on Chestnut Street in Batavia after allegedly violating an order of protection by being inside the protected party's residence at 11:17 a.m. that day. She was issued an appearance ticket for Dec. 24 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Jose Fuentes, 39, of Bank Street, Batavia, is charged with second-degree harassment. On Dec. 17, Batavia Police Officer Peter Post arrested Fuentes in connection with an incident that occurred at 9 p.m. Dec. 13 on Bank Street in Batavia. He was issued an appearance ticket for Dec. 24 in Batavia City Court.

Kyle Schroeder, 23, of Telephone Road, Le Roy, is charged with petit larceny. He was arrested at 9:09 a.m. on Dec. 8 on East Main Street in Batavia after he allegedly took an item out of the packaging while in a local business and then attempted to conceal the item. He is accused of placing the empty packaging on the shelf and continuing through the store. He was due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Mitchell Cowen.

Caller believes her tires were slashed while at Batavia police headquarters

By Billie Owens

A woman who lives on Ross Street in the city has a criminal mischief complaint. She was just at Batavia Police Department and returned home and now all her tires are flat.

She told a dispatcher she believes someone slashed her tires while she was inside the police headquarters on Main Street. Police are outside with the caller and her vehicle now on Ross Street.

Law and Order: Batavia woman jailed after physical domestic incident

By Billie Owens

Katty L. Jackson, 23, of East Main Street, Batavia, is charged with: second-degree harassment; fourth-degree criminal mischief; second-degree strangulation; and unlawful imprisonment in the second degree. Jackson was arrested at 10:15 p.m. on Dec. 7 on East Main Street, Batavia, following an investigation into a physical domestic incident. She was arrested and arraigned in Batavia City Court and put in jail. No bail specified. She was due to return to city court Dec. 9. The case was handled by Batavia Police Officer Wesley Rissigner, assisted by Officer Lindsay Christopher.

Nicole R. Griffin, 37, of State Street, Batavia, is charged with second-degree harassment -- physical contact. She was arrested at 5:47 p.m. on Dec. 14 following a physical altercation inside Walmart in Batavia. Griffin was released on an appearance ticket and is due in Batavia Town Court on Dec. 19. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Miah Stevens.

Bleyke Z. Culver, 23, of Walnut Street, Batavia, is charged with second-degree harassment. Culver was arrested at 11:30 a.m. on Dec. 10 on Walnut Steet after allegedly threatening to subject a person to unwanted physical contact during a domestic incident. Culver was issued a computer-generated appearance ticket and is due in Batavia City Court on Dec. 24. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Michelle L. Sahr, 52, of North Main Street, Albion, is charged with second-degree harassment. Sahr was arrested at 8:48 p.m. Dec. 8 on Prospect Avenue in Batavia after allegedly showing up repeatedly at a residence and being told each time she needed to leave. Sahr was issued an appearance ticket and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Marc Lawrence.

Thomas James Noce, 26, of North Lansing Circle, Rochester, is charged with: aggravated driving while intoxicated -- a BAC of .18 or more; DWI; reckless driving; failure to stop at stop sign; and operating a motor vehicle while using a portable electronic device. Noce was arrested on Dec. 16 on Clinton Street Road in Bergen at 10:50 p.m. on Dec. 16 following the investigation of a motor-vehicle accident. He was issued appearance tickets and released and is due in Bergen Town Court on Jan. 8. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Ryan Young.

Matthew G. Vandyne, 57, of Purdy Road, Canandaigua, is charged with: driving while intoxicated -- second offense; DWI with a BAC of .08 percent or more, with a prior conviction; and drinking alcohol in a motor vehicle. Vandyne was arrested at 1:06 a.m. on Route 237 in Byron following an investigation. He is due in Byron Town Court on Jan. 6. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun.

Linda Marie Doucette, 54, of Lake Road, Brockport, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; and moving from lane unsafely. Doucette was arrest following an investigation of a motor-vehicle accident at 7:38 p.m. on Dec. 13 on Reuben Road on the Tonawanda Indian Reservation. She was issued appearance tickets for Dec. 23 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Michael Lute.

Baillie Marie Schwab, 20, of Maxim Road, Attica, is charged with: driving while intoxicated -- a BAC of .18 percent or more; DWI; and open container of alcohol in a motor vehicle. Schwab was arrested at 5:07 a.m. on Railroad Avenue in Alexander following a complaint of a female slumped over the wheel in a vehicle in the middle of the roadway in Alexander. She was released on appearance tickets and is due in Alexander Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy James Stack.

Todd J. Pangrazio, 43, of Annamarie Terrace, Cheektowaga, is charged with aggravated unlicensed operation in the first degree and passing a red light. At 5:59 p.m. on Dec. 15, Pangrazio was allegedly observed passing a steady red light at the intersection of Main and Court streets in the City of Batavia. A traffic stop was conducted. It was determined that Pangrazio possessed a suspended NY non-driver ID with 10 or more scoffs on 10 or more dates. He was issued an appearance ticket and released on his own recognizance. He is scheduled to appear in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Marc Lawrence.

Eric J. McGill, 36, of Hutchins Place, Batavia, is charged with trespass. He was arrested at 5:37 p.m. on Dec. 14 in Walmart in Batavia after entering the business, from which he was previously banned. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 19. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Sgt. Dan Coffey.

Vincent A. Sanfratello, 53, of Liberty Street, Batavia, was arrested on Dec. 10 on a bench warrant out of Batavia City Court. He was processed and arraigned in city court and is due back in court on Jan. 28. The case was handled by Batavia Police Officer Arick Perkins.

NYSP in Batavia continues to investigate 1983 homicide woman found in Iroquois refuge

By Billie Owens

Press release:

Cold Case Tuesday

New York State Police in Batavia continue to investigate the 1983 homicide of a Florida woman found in Orleans County.

On Oct. 29, 1983, a body was found by a hunter off of Route 63 in the Iroquois National Wildlife Refuge, in the Town of Shelby. The victim was found several feet off the shoulder of the roadway, in a severely decomposed state, and is believed to have been there for several months.

 

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In 1984, the Center of Human Identification was used by the New York State Police to make a facial reconstruction from the remains (pictured above). This was done to make a facial render to give the public a possible identity to compare and also render sketches.

In October of 2013, the body was exhumed and DNA testing was done. The victim was identified as Shari Lynne Ball.

Ball was reported missing by her family in June of 1983 to the Palm Beach County Sheriff’s Office in Florida. She had told her family that she was going to New York State with an unknown friend to pursue a modeling career.

At the time of her disappearance, Ball was living in Boca Raton, Fla., was a 20 year old white female, 5’ 4”, 100 pounds, with hazel eyes and blond hair. Ball was also known to use the last name of Timmerman.

Anyone with information regarding this investigation is asked to contact the New York State Police Bureau of Criminal Investigation in Batavia by calling 585-344-6200. Please refer to SJS # 3032334.

Man accused of attempted murder, arson, faces new charges stemming from pre-trial confinement

By Howard B. Owens
plushdozierdoubmug2018120.jpg
     Plush Dozier

A Batavia man awaiting trial on arson and attempted murder charges was arraigned on a new criminal complaint stemming from his alleged behavior while in custody since his arrest in June 2018.

Plush Dozier has been indicted on counts of criminal mischief in the second degree and criminal mischief in the third degree.

It's alleged that on Aug. 4, 2018, he kicked out a plate of glass in a holding cell at the Genesee County Jail, which caused more than $5,000 damage. He's also accused of causing more than $250 of damage to a Sheriff's Office patrol vehicle on Aug. 20, 2018.

Dozier is being held without bail for allegedly setting fire to a house on Maple Street in the city with the intent of killing his girlfriend on June 15, 2018.

While awaiting his criminal proceedings, Dozier has been housed at least some of the time in solitary confinement at Attica Correctional Facility.  

In September, the Commissioner of Mental Health determined that Dozier is mentally fit to stand trial. He is expected to go to trial the week of March 16.

See previous coverage:

Days Inn robber may get chance at rehabilitation after guilty plea

By Howard B. Owens
moynihanthomas2019.jpg
   Thomas Moynihan

A 44-year-old State Street man admitted in court to stealing $344.50 from the Days Inn in Batavia in October, but as part of a plea deal may with have an opportunity to enter a judicial diversion program.

It will be up to Judge Charles Zambito to decide whether Thomas P. Moynihan can enter a substance abuse program following a report by probation officials to determine his potential eligibility for the program.

Moynihan is due back in court Jan. 3 to hear Zambito's decision.

If Moynihan successful completes the program, his felony charge could be reduced and he would be eligible for probation with no jail time.

If he doesn't successfully complete the program, he would be looking at a prison term of two to seven years.

Moynihan has no prior prison record.

He was arrested by Batavia PD after he went into an area designated for employees at the Days Inn, confronted an employee, demanded money, and then fought with the employee before fleeing.

The employee was not hurt in the incident.

Today he entered a guilty plea to robbery in the third degree.

Speedway robber sent to prison for more than a dozen years

By Howard B. Owens
dustinboguemug.jpg
      Dustin Bogue

A 37-year-old transient with roots in Batavia will spend 12 and a half years in prison for his first-degree robbery of the Speedway at 204 W. Main St. in September.

Dustin Wayne Bogue was also charged with criminal possession of a weapon and criminal possession of stolen property.

He entered the Speedway at 1:51 p.m. Sept. 14 and Batavia PD responded to a report of a robbery. He was later arrested following an investigation. 

Under terms of a previous plea agreement, the maximum sentence Bogue faced was 15 years. He could have gotten a minimum of 10 years. District Attorney Lawrence Friedman said Judge Charles Zambito decided to split in half the maximum statutory time of 25 years, which is how he arrived at 12 and a half years.

Bogue has previously served prison terms for unauthorized use of a vehicle, second-degree assault, and criminal contempt.

His father, Lewis W. Bogue Jr., was convicted in Genesee County Court in 1995 of rape and sodomy (Dustin Bogue was not the victim). Zambito, according to Friedman, said he realized Bogue had a rough childhood but he said that was no excuse before imposing the prison term.

Law and Order: Medina man accused of stealing rifle and $1K in property from Oakfield home

By Billie Owens

Edward C. Simmons, 33, of Applegate Drive, Medina, is charged with: second-degree burglary -- illegal entry into a dwelling; fourth-degree grand larceny -- a rifle; and grand larceny -- property value greater than $1,000. Simmons is accused of breaking into a residence on Sept. 16 on East Shelby Road in Oakfield and stealing a 22-caliber Remington rifle and other property valued at $1,000 or more. Following an investigation, he was arrested on Dec. 9 and arraigned in Oakfield Town Court. He was then released on his own recognizance and is due back in court at 6 p.m. on Jan. 6. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus.

Melody McMaster, 48, of Washington Avenue, Batavia, is charged with second-degree criminal contempt. McMaster was arrested on Dec. 9 at an apartment on Chestnut Street in Batavia for allegedly violating an order of protection by being in the protected party's residence at 11:17 a.m. She was issued an appearance ticket and is due in Batavia City Court on Dec. 24. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Brandon Gene Rindell, 38, of West Main Street, Corfu, is charged with aggravated driving while intoxicated -- a BAC of .18 percent or more, and DWI. On Dec. 12 at 7:33 p.m., Rindell was arrested after his vehicle was involved in a motor-vehicle accident in the Village of Corfu. He was released on appearance tickets and is due in Village of Corfu Court on Dec. 16. The case was handled by Genesee County Sheriff's Deputy David Moore.

Mellanie Golamb, 36, of Folkestone Lane, Penfield, is charged with: aggravated driving while intoxicated -- a BAC of .18 percent or more; DWI; criminal possession of a controlled substance in the seventh degree; moving from lane unsafely; and failure to notify the DMV of an address change. On Dec. 10 at 7:33 a.m., the dispatch center received a call of a vehicle being operated irratically. Following a traffic stop on Stephen H. Hawley Drive in the Town of Batavia, standard field sobriety tests were performed. Golamb was arrested and processed at the Genesee County Jail. She was released on appearance tickets and is due in Batavia Town Court on Dec. 19. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Chad Cummings. Deputy Lonnie Nati also assisted along with Genesee County Corrections officers.

Karen M. Lau, 54, of North Spruce Street, Batavia, is charged with aggravated driving while intoxicated  -- a BAC of .18 percent or more, and DWI. She was arrested at 8:16 p.m. on Nov. 30 on East Main Street in Batavia after she was allegedly found sleeping in the driver's seat of her vehicle parked in the parking lot of a business. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Cronmiller.

Angelo James Voltura, 24, of Meiser Road, Corfu, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving a motor vehicle while intoxicated; speed not reasonable or prudent; and failure to keep right. Following the investigation of a single-vehicle accident at 1:41 a.m. on Dec. 11 on Pratt Road in the Town of Batavia, Voltura was arrested. He was arraigned in Town of Batavia Court and released on appearance tickets. He is due to return to court on Dec. 23. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy James Stack.

Kyle J. Schroeder, 23, of Telephone Road, Le Roy, is charged with petit larceny. He was arrested following a shoplifiting incident at 9:09 a.m. on Dec. 8 at a business on East Main Street in the City of Batavia. Schroeder is accused of taking an item out of the packaging while at a business and attempting to conceal that item while continuing through the store. He was issued an appearance ticket and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Mitchell Cowen.

Murder suspect makes it to court for evidence hearing

By Alecia Kaus
quinton_edmonds_mugshot2019120.jpg
    Quinton Edmonds

Quinton J. Edmonds, 31, of Rochester, appeared in Genesee County Court on Thursday afternoon, along with his attorney Fred Rarick, for a hearing on motions to suppress evidence in the case against him.

Edmonds is currently being held without bail at the Genesee County Jail on a second-degree murder charge in the death of 43-year-old Michael Paladino.

On June 1 at about 12:45 a.m., Edmonds was allegedly involved in a physical altercation with a female on the sidewalk near 5 and 7 Ross St. in the City of Batavia.

Paladino heard the argument and attempted to intervene. A physical altercation then ensued between Paladino and the suspect. During the altercation, Paladino sustained life-threatening injuries.

On Oct. 30th, Edmonds refused to appear in County Court, Rarick apologized to Judge Charles Zambito and scheduled a suppression hearing in his absence.

During today’s hearing, Rarick argued that police did not have probable cause to detain Edmonds and that the “Show Up” procedure was very suggestive.

“Based on the information I was provided -- black male, black and white shirt -- that’s all they had when they detained him,” says Rarick.

District Attorney Larry Friedman called Sgt. Dan Coffey to the stand during the hearing to explain how the incident unfolded at 5-7 Ross St.

Coffey told the court there was a report of a disturbance and a subject down and a subject who possibly had a gun. When police arrived on scene, the victim, Paladino, was located in an enclosed entryway in a pool of blood, unresponsive and seriously injured. The suspect was described by a witness as a black male wearing a colorful shirt, colors of the American flag, Coffey told the court. A second witness said the suspect was walking south, headed toward East Main street with a knife in his hand.

Officer Mitch Cowen had spotted a vehicle turning off of Ross street headed west on East Main and pulled it over; he was in the process of interviewing the two female subjects in the Richmond Library parking lot when there was a visual sighting of the suspect who was on foot. Both female subjects in the vehicle then identified the suspect as they were on Ross Street during the disturbance.

Coffey then told the court that when he approached the Richmond Library parking lot, the suspect was lying on the ground in handcuffs. Coffey then walked the suspect back to his police vehicle at 5-7 Ross St. and placed him in the backseat of the vehicle.

Both witnesses on Ross Street subsequently confirmed that Edmonds was the suspect involved after a “Show Up,” where the witnesses were able to get a look at the suspect in the back of Sgt. Dan Coffey’s police vehicle. Coffey opened the rear door of his police vehicle and shined a flashlight on the suspect who was handcuffed. The witnesses were about 7-10 feet from the suspect.

Sgt. Coffey was wearing a bodycam during the incident and the first 21 minutes of the video was submitted as evidence.

Rarick then questioned if the witnesses watched Sgt. Coffey put the suspect into his police vehicle and if the City of Batavia Police had a policy or procedure for “Show Up” identifications.

Sgt. Coffey says the department does have a policy and procedure and it was followed that night. Rarick then asked why the suspect was not taken back to Batavia Police headquarters for a lineup.

Sgt. Coffey advised Rarick that the Batavia Police Department does not do lineups. Coffey says he wanted to make sure the right person was detained at the scene. Rarick argued that the witnesses did not get a full-body view of the suspect from the rear of the car, just his face.

No blood was on the suspect and a weapon was never recovered.

District Attorney Larry Friedman told the court that Edmonds met the description, was in close proximity to the scene and he left the scene on foot.

“This was an appropriate “ShowUp,” Friedman said.

After learning of the two primary witnesses who identified Edmonds in the vehicle that was pulled over in the Richmond Library parking lot, Rarick says he probably would not have requested a suppression hearing. Rarick says he was not provided with their statements in discovery.

“Under the new discovery guidelines, they would have had to give me all those statements by the ladies that were in the car with him, saying 'that’s the guy that did it,' that’s nowhere in any of the reports. Had the District Attorney come forward with all this stuff, there would have been no need for a suppression hearing,” says Rarick.

Judge Zambito reserved his decision, will review the evidence and will advise of his decision at Edmonds’ next court appearance at 1:30 p.m. on Jan. 3.

Law and Order: Portland man accused of stealing gift cards from Christmas party at local hotel

By Billie Owens

Brian Lee Crockett, 39, of Woleben Road, Portland, is charged with petit larceny. At 1:48 a.m. on Dec. 7 Crockett was arrested after he allegedly stole various gift cards valued at $225 from a Christmas party at a hotel on Park Road in Batavia. Crockett was apprehended and arrested in his hotel room and the Genesee County Sheriff's Office alleges he had the stolen property in his possession at the time of his arrest. Crockett was issued appearance tickets and is due in Batavia Town Court on Dec. 19. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun.

Nicholas J. Durkin, 38, of Drullard Avenue, Lancaster is charged with fourth-degree grand larceny and third-degree grand larceny. Durkin was arrested on Dec. 5 while he was at Batavia City Court on another matter. He was arraigned there on the charges at 11:20 a.m. It is alleged that on June 19 on Washington Avenue in the city that Durkin took $4,900 ti perform HVAC work at a local business. After receiving payment, it is alleged that he never completed the work. The case was handled by Batavia Police Officer Kevin DeFelice.

Nicholas A. Gaudy, 27, of Summit Street, Batavia, is charged with aggravated driving while intoxicated -- a BAC of .18 percent or more, DWI, and refusing to take a roadside breath test. Gaudy was stopped at 11:51 a.m. on East Main Street in Batavia following a civilian complaint. Gaudy was processed at Genesee County Jail and released on appearance tickets. Gaudy is due in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Teresa M. Stephenson, 30, of Cedar Street, Batavia, is charged with petit larceny. She was arrested following a complaint of larceny at a business on West Main Street in the City of Batavia at 3:10 p.m. on Dec. 5. Stephenson was released on appearance tickets and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Felicia DeGroot.

City police reminds residents to lock their vehicles -- holiday upswing in reports of larcenies

By Billie Owens

From the City of Batavia Police Department:

The Batavia Police Department has received multiple complaints of vehicle thefts, and larcenies from vehicles over the past couple weeks.

With the Holidays upon us, the Batavia Police Department would like to remind our citizens:

  • Lock your doors/vehicles;
  • Do not leave important items in your vehicle (wallets, presents, IDs, money, etc.);
  • Don’t leave your keys in your vehicle when you’re not using it;
  • Don’t “run in quick” and leave your keys in the ignition with the vehicle running -- It’s Illegal!
  • If you are taking your vehicle to the mechanic after hours, make sure they have a secure “Drop Box” for your keys;
  • Be aware of NYS VTL - 1210; Unattended motor vehicle: (a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the vehicle…”

The Batavia Police Department can be reached at 585-345-6350, the confidential tip line at 585-345- 6370 or online here.

Police release name of second suspect in assault on Highland Park in October

By Howard B. Owens
terrancefalkmug2019.jpg
        Terrance Falk

A 21-year-old Rochester man with ties to Batavia is charged with gang assault and harassment in connection with an incident on Highland Park on Oct. 4.

The Batavia Police Department released information on the arrest today.

A codefendant in the case, Riley Mayer, 21, of Batavia, pled guilty in Genesee County Court on Thursday to a charge of assault, 2nd

A third suspect has not yet been charged, according to District Attorney Lawrence Friedman. 

The victim in the attack allegedly suffered serious injuries.

Falk was arrested in October and arraigned Oct. 7 and ordered held on $5,000 bail or $10,000 bond. There is no information immediately available on his current bail status.

Falk's current address is on Woodsmeadow Lane in Rochester.

He reportedly lived in Batavia in August 2018 when he was charged with disorderly conduct and harassment at a concert at Darien Lake. He reportedly lived in Brighton in September 2015 when he fought with a guard in the Genesee County Jail. In December 2014, he was accused of damaging property in Le Roy. There's no information immediately available on the disposition of those cases.

Batavia man pleads guilty to rape in Amber Alert case

By Howard B. Owens

Guillermo Torres-Acevedo, 23, of Batavia, pled guilty today in Genesee County Court to one count of second-degree rape. Other charges against him were dropped as part of a plea agreement.

He admitted to being a person over the age of 18 and having sexual intercourse with a person under age 15 in the Town of Batavia sometime between Nov. 15th and the 26th in 2018.

The maximum possible sentence the Puerto Rico native could receive is six years in prison, with 10 years of parole afterward.

Torres-Acevedo will be sentenced on Feb. 18 in Genesee County Court, after he is first sentenced in Federal Court in Buffalo on Feb. 13.

On Wednesday, Torres-Acevedo pled guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor, a 14-year-old Bergen girl, to travel across state lines to engage in criminal sexual activity. 

There is no promise of concurrency in county court with the federal sentence, which ranges from six and a half to up to 20 years in prison. The federal penalty could also include a fine of up to $250,000.

The defendant was arrested on Nov. 26, 2018 in Genesee County and charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

Following his arrest, the defendant persuaded the victim to travel with him out of state to continue their relationship. On Nov. 29, 2018, Torres-Acevedo picked up the girl from school in Genesee County and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.

Man found with stolen property pleads guilty, released from jail pending sentencing

By Howard B. Owens

A 22-year-old North Chili man who was found sleeping in a car in Pavilion in May, along with a woman and a with a cache of apparently stolen items, is being released from jail under terms of the state's new bail reform law while awaiting sentencing after his guilty plea in Genesee County Court on Thursday.

Daniel Lewis entered a guilty plea to criminal possession of stolen property in the fourth degree as a second felony offender and faces a minimum prison sentence of one and a half to 3 years and a maximum sentence of two to four years.

He admitted to possession of a stolen debit card.

After his guilty plea, his assigned attorney, Fred Rarick, asked Judge Charles Zambito to consider releasing Lewis under supervision of Genesee Justice since he will become eligible for such a release Jan. 1 under terms of New York's new bail reform law. 

District Attorney Lawrence Friedman made sure Zambito was aware that Lewis has a prior probation violation and a prior parole revocation. 

After confirming that Lewis has a place to live if released -- his father's house -- and instructing Lewis to submit to a substance abuse evaluation and abide by any recommendations for treatment, Zambito agreed to release him under supervision.

Lewis is eligible for parole supervision at sentencing and Zambito told Lewis his ability -- or inability -- to follow instructions regarding evaluation and treatment will be a factor in his decision at sentencing.

Lewis was arrested May 27 when Deputy Ryan Young was dispatched to Peoria Road in Pavilion for a report of a disabled or abandoned vehicle. Young found Lewis and Stormy Watts, 21, of Stafford, sleeping in the back seat. They told Young they were waiting for a time to call somebody to come and bring them gas.

Upon further investigation, Young found numerous items that appeared to have been stolen from vehicles inside the car with Lewis and Watts.

Both were arrested.

According to Friedman, Watts took a plea on Tuesday (Dec. 3) to criminal possession of stolen property in the fifth degree. She will be sentenced at a later date.

Young also reportedly found a firearm in the vehicle and Lewis was charged with criminal possession of a weapon as a convicted felon. That charge was subsequently dropped in connection with the plea agreement, Friedman confirmed for Zambito yesterday.

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