crime

Chauncy J. Anderson, 34, of Joseph Avenue, Rochester, is charged with first-degree attempted assault, second-degree reckless endangerment, and second-degree criminal mischief. He was arrested on a Genesee County Superior Court Arrest Warrant, which stemmed from a domestic incident in Batavia on Oct. 3. He was located by State Police after a traffic stop at 1:47 p.m. on March 18 in the Town of Stafford. He was jailed on $50,000 bail and is to appear in GC Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Christina A. Cotter, 23, of McKinley Avenue, Batavia, is charged with endangering the welfare of a child and second-degree harassment. At 7:44 p.m. on March 15, Cotter allegedly had a verbal argument which turned physical with another adult, while in front of a 3-year-old child. She was issued an appearance ticket and is to return to Batavia City Court Tuesday afternoon. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Arick Perkins.

Jennifer A. Pansy, 39, of Maple Street, Batavia, is charged with second-degree menacing. She was arrested at 10:35 a.m. after an incident in which she allegedly threatened someone with a knife for looking into her kitchen from the roadway. She is to appear in Batavia City Court on March 29. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Jason Ivison.

Gabrielle Marie Silva, 18, of West Main Street Road, Batavia, is charged with second degree burglary -- illegal entry into a dwelling, and fourth-degree criminal mischief. Silva was arrested in the 200 block of Bank Street in Batavia at 11:33 p.m. on March 16. The arrest was made after an incident on Bank Street wherein a window was smashed. State Police located Silva at her residence and she was taken to Batavia PD headquarters, then arraigned in court and released on her own recognizance. She was to appear later in Batavia City Court. The case was handled by Batavia Police Officer Darryle Streeter, aasisted by Officer Felicia DeGroot.

Nicholas C. Blatt, 23, of East Main Street, Batavia, is charged with second-degree harassment, resisting arrest and obstructing governmental justice. He was arrested at 12:56 a.m. on March 20 as the result of an investigation into an incident that occurred at a residence on East Main Street, Batavia, throughout the day. He was jailed on $1,500 bail and was to appear in Batavia City Court this afternoon. The case was handled by Batavia Police Officer Peter Flanigan, assisted by Officer Eric Foels.

Anthony S. Morse, 35, of West Main Street Road, Arkport, is charged with fourth-degree criminal mischief. He was arrested at 3:59 p.m. on March 15 following an incident in the 100 block of Bank Street in the City of Batavia. It is alleged that he threw a chair and broke antoher. He was issued an appearance ticket and is to appear in Batavia City Court on March 29. The case was handled by Patavia Police Officer Chad Richards, assisted by Officer Arick Perkins.

Joseph M. Marsceill Jr., 30, of Central Avenue, Batavia, is charged with unlicensed operator and second-degree aggravated unlicensed operator. The charges stem from a traffic-related matter on Swan Street in the City of Batavia in which Marsceill was allegedly observed driving a vehicle and it was known that he did not possess a valid lisence and that his driving privilege had been revoked. He was jailed in lieu of $1,000 bail and was to appear later in Batavia City Court. The case was handled by Batavia Police Officer Chad Richards.

Shayla L. Sharrock, 30, of Stowell Drive, Rochester, is charged with speeding and second-degree aggravated unlicensed operation -- alcohol related. Sherrock was arrested at 10:31 p.m. on March 18 on Clinton Street in Batavia after a traffic stop. Sharrock was released on her own recognizance and was scheduled to appear this afternoon in Town of Batavia Court. The case was handled by Batavia Police Officer Darryle Streeter, assisted by Officer Mitchell Cowen.

Joan L. Johnson, 30, is charged with speeding and first-degree aggravated unlicensed operation. Johnson was arrested at 4:59 p.m. on March 16 after being stopped on Oak Street in Batavia for allegedly speeding. Johnson was allegedly found to be operating in a revoked NYS driver's license and subsequently jailed without bail. She was to appear later in Batavia City Court. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Jamie Givens.

Gerald Zachary Watts, 31, of North Lyon Street, Batavia, is charged with running a red light, DWI -- first offense, operatinga motor vehicle with a BAC of .08 percent or more -- first offense, and refusing to take a breath test. Watts was arrested at 4:13 p.m. on Richmond Avenue in the City of Batavia, released, and is to be in city court on March 30. The case waa handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Peter Flanagan.

Joey Robert Tatro III, 21, of Main Street, Attica, is charged with failure to pay a fine imposed by court. The defendant was arrested March 19 on Alexander Road in Batavia on a bench warrant out of Town of Batavia Court alleging failure to pay a fine. Tatro was jailed on $100 bail and is to appear in Town of Batavia Court on March 28. The case was handled by Sheriff's Deputy Rachel Diehl, assisted by Deputy Howard Carlson.

A 16-year-old who lives on Washington Avenue in Batavia was arrested on a bench warrant for allegedly failing to appear in court on the scheduled date after being charged with second-degree harassment. The charge stems from an incident on West Main Street in Batavia at 1 p.m. on Feb. 9. The teen was jailed on $500 bail. The case was handled by Batavia Police Officer Jason Ivison.

Ward E. Royse, 40, of Walnut Street, Batavia, is charged with failure to appear. He was arrested on March 19 after allegedly failing to appear in court concerning an incident which occured Jan. 7. He was jailed in lieu of $1,000 bail and was to appear in court today. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Rashaad M. Jones, 25, of Milton Street, Rochester, is charged with unlawful possession of marijuana. Jones was arrested at 4 p.m. on March 18 after a traffic complaint on Ellicott Street, Batavia, wherein Jones was allegedly found to be in possession of marijuana inside his vehicle. He is to be in city court on March 29. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Arick Perkins.

Elizabeth Lindner, 29, of Pringle Avenue, Batavia, is charged with petit larceny. She is accused of stealing the Batavia Daily News from Marchese Computer Products, located at 220 Ellicott St., at 6:56 a.m. on March 12. She was issued an appearance ticket and is to appear at 1 p.m. on Tuesday in Batavia City Court. The case was investigated by Batavia Police Officer Jason Ivison.

Morgan Lee Cox, 48, of Scribner Road, Pembroke, is charged with first-degree criminal contempt. On March 19, Cox was arrested following an investigation of a domestic incident at 11 p.m. on March 18. It is alleged that Cox violated a court order of protection. The case was handled by Sheriff's Deputy Chad Cummings, assisted by Deputy Kevin McCarthy.

Kenneth James Henning, 24, of Main Street, Batavia, is charged with unlawful possession of marijuana and failure to stop at a stop sign. He was arrested as the result of a traffic stop at 8:20 p.m. on March 18 on West Main Street Road, Batavia. He was released on an appearance tickets for Town of Batavia Court. The case was handled by Sheriff's Deputy Richard Schildwaster.

Two white teenaged males reportedly just ran through Richmond Memorial Library wearing masks and screaming they were going to rob the place.

They then left and were seen runnning westbound on East Main Street. One is wearing blue jeans and a white T-shirt, the other is wearing blue jeans, black T-shirt and a red bandanna.

City police are responding. "The names are in the job," a dispatcher told officers.

The library is located at 19 Ross St.

Joshua David Macdonald, 24, of West Bank Road, Albion, is charged with criminal impersonation in the second degree. He was arrested March 17 on a warrant out of Town of Batavia Court. He allegedly committed the offense of criminal impersonation during an alleged larceny at Target on Feb. 11. He was released on his own recognizance at 2:15 p.m. and is to be in Town of Batavia Court for this case on April 5. In addition, Macdonald is charged with second-degree forgery. At 3:30 p.m., March 17, he was arrested on the forgery charge after allegedly signing a false name on a public record in the City of Batavia and offering the document to a public servant. He was jailed in lieu of $10,000 bail and is to appear on this charge March 18 in City of Batavia Court. The case was handled by Sheriff's Deputy Michael Lute.

Robert Dean Cook, 36, of Walden Creek Drive, Batavia, is charged with second-degree criminal contempt. Today, Cook was arrested for allegedly contacting a protected third party via e-mail on March 17. He was arraigned in Town of Batavia Court and jailed on $500 bail. The case was handled by Sheriff's Deputy Chad Cummings.

Orlando McDonald, 32, of Eagle Street, Medina, is charged with second-degree aggravated unlicensed operation of a motor vehicle. McDonald was stopped on Alleghany Road in Pembroke at 6:33 p.m. on March 16 for allegedly having inadequate headlamps. After an investigation, it was determined that he was driving with a revoked license. He was jailed in lieu of $2,500 bail.

Jessie L. Tabor, 20, of Catherine Street, Medina, turned himself in at Medina Police Department on an outstanding warrant issued by Town of Batavia Court. He is charged with petit larceny stemming from an incident on West Main Street Road in Batavia on Feb. 29. He was jailed in lieu of $200 bail.

Crystal Marie Bouter, 27, of Hutchins Street, Batavia, was arrested on March 15 on a bench warrant out of Town of Elba Court. It is alleged that she violated the terms of her supervised release while on Drake Street in Oakfield at 5 p.m. March 14. She was jailed in lieu of $1,000 bail. The case was investigated by Sheriff's Deputy Richard Schildwaster.

Police photo of Bill Thomas.

Bill Thomas, 56, of 252 State St., Batavia, is charged with third-degree criminal possession of a weapon and menacing police following a standoff with police this morning at his residence.

Here's a recap of the incident from a press release issued by Investigating Officer Peter Flanagan:

At 4 a.m. Batavia Police received a call for a domestic dispute on State Street in the city. Once initial officers arrived on scene, they were met at the door by a family member. The officer then observed Bill Thomas moving toward the door, very quickly, with a knife in his hand. He was holding the knife in a threatening manner and the officer felt that he was going to use the knife on him or the family member.

The officer and family member retreated outside. The suspect then closed the door and retreated upstairs. Officers were unable to make contact with the suspect and the Emergency Response and Hostage Negotiation teams were alerted. A family member came to the scene and was able to make contact with the suspect through an open window.

The suspect came downstairs but then retreated back upstairs. A short time later, the suspect came back downstairs and would not show the officer his hands and was not following police orders. The suspect started to move toward a closet and the stairs and a taser was deployed.

The suspect was placed in custody and transported to police headquarters. He was then arraigned in Batavia City Court and jailed. Batavia PD was assisted at the scene by the county Sheriff's Office and State Police.

Bail was not mentioned in the press release.

We believe the Emergency Response Team has been dispatched to the area of State Street at Douglas Street after a report of a barricaded male subject. Law enforcement has established a perimeter.

We think the call may have started when two people were involved in what was described as a domestic situation on State Street, and subsequently one of the subjects barricaded himself inside a residence. Mercy medics and city fire are staging at State and Douglas.

Now emergency dispatch has switched to a secure law enforcement channel.

UPDATE 5:22 a.m.: A man who lives on State Street north of Douglas Street barricaded himself with a knife on the second floor of his residence. A tactical officer outfitted in full camoflage, armed with an assault rifle was stationed at the scene outside the house. A male neighbor family member was contacted to try and talk the subject into surrendering, which he did. The suspect was taken into custody a short time ago and officers are clearing the scene and opening the streets near the house, which had been shut down. Mercy medics and city fire are back in service.

UPDATE 6:15 a.m. (from news partner WBTA): Det. Sgt. Todd Crossett said law enforcement responded to a domestic incident at 252 State St. An officer was let in the front door by one of two brothers who had been arguing. The second brother approached the officer wielding a large kitchen knife and the officer said he felt very threatened. The brother who let the officer inside stepped between the knife-wielding brother and the officer; the officer and the brother had no other recourse but to retreat. "This could have ended very badly," Crossett said. "The officer showed great restraint." The knife-wielding brother went upstairs and refused to communicate with officers. The ERT was activated. Family members arrived at the scene. The subject was talked into coming downstairs, which he did but then retreated. He was coaxed down a second time and walked toward the front door and was then tased and taken into custody. Statements are being taken and an investigation is under way. It has not been determined if charges will be filed.

Photos courtesy of Jim Burns.

Kevin G. Viehdeffer, 55, of Ellicott Street, Batavia, is charged with second-degree harassment. He was arrested March 7 at 6:30 p.m. following a complaint that he punched a staff member in the chest while being treated at the emergency room at UMMC. He is to appear in Batavia City Court this afternoon. The case was handled by Batavia Police Officer Jason Ivison.

Brandon Michael-Eckerd Valdes, 27, of Burr Avenue, Binghampton, is charged with exposure of a person, second-degree harassment, obstruction and resisting arrest. He was arrested at 1:42 a.m. on March 12 after an incident that occurred a short time earlier on West Main Street, Batavia. He was jailed on $1,000 cash bail, or bond. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Wojtaszczyk.

Patrick D. Neaverth, 35, no permanent address, was arrested on March 13 at 6:54 p.m. and charged with first-degree criminal contempt, third-degree criminal mischief, and second-degree burglary. He allegedly damaged a glass door and entered a residence. He was jailed without bail. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Arick Perkins.

Brian Phillip Smith, 56, of Ellicott Street Road, Bethany, is charged with criminal possession of a weapon in the fourth degree. He was arrested on March 14 following an investigation into an alleged domestic disturbance that occurred on Feb. 28. Smith was allegedly found in possession of a stun gun. He was released under supervision of Genesee Justice and is to appear in Town of Bethany Court at a later date. The case was investigated by Sheriff's Deputy Rachel Diehl, assisted by Deputy Ryan DeLong.

Chayse R. Brownlie, 19, of Maxon Road, Attica, is charged with DWI with a BAC of .08 or more, DWI, and no having no headlights. At about 3:05 a.m. on March 13, Brownlie was stopped on West Main Street in Batavia for driving without headlights. After further investigation, the driver was arrested for allegedly operating the vehicle while intoxicated. Brownlie is scheduled to appear in City Court at 9 a.m. on March 30. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Felicia DeGroot.

Michael John Palvino, 25, of Stillmoon Crescent, Rochester, is charged with DWI with a BAC of .08 or greater, DWI, and speeding. He was stopped for allegedly speeding on Lewiston Road in Batavia at 1:01 p.m. on March 13. An investigation allegedly revealed he was intoxicated. He is to be in Batavia Town Court on April 7. The case was handled by Sheriff's Deputy Thomas Sanfratello.

Brad L. Ohlson, 39, of Central Avenue, Batavia, is charged with disorderly conduct. He was arrested March 12 at 5:15 p.m. following a verbal dispute wherein Ohlson allegedly used obscene language in the presence of several people, including multiple juveniles. He was jailed and bail set at $250. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Chad Richards.

Demetri C. Stewart, 23, of Lewis Place, Batavia, was arrested on a bench warrant and released after posting $100 bail. He is to appear in City Curt this afternoon on an unspecified charge stemming from an incident on Feb. 24 on West Main Street, Batavia. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Peter Flanagan.

(Name redacted), 18, of Violet Lane, Batavia, is charged with unlawful possession of marijuana. The suspect was arrested on Donahue Road in Batavia following a traffic stop of a disabled vehicle. The suspect was allegedly found to possess a small amount of marijuana stored in the vehicle. The suspect was issued an appearance ticket for Town of Batavia Court on March 28. The case was handled by Sheriff's Deputy Eric Meyer.

Thomas Alan Alexander, 53, of Lake Street Road, Le Roy, is charged with second-degree harassment. He was arrested on March 13 following the investigation of a harassment complaint on Lake Street Road in the Town of Le Roy. He allegedly slammed a female into a wall causing physical injury. He is to appear in Le Roy Town Court on March 28.

Nolan Robert Powless, 18, of East Center Street, Medina, is charged with: second-degree aggravated unlicensed operation; being an unlicensed operator; and having a plate lamp violation. He was arrested on a bench warrant out of Town of Batavia Court for allegedly failing to appear for court. The charges stem from a traffic stop on Jan. 12. He is scheduled to be in Town of Batavia Court on April 6.

Robbery this morning in the Village of Oakfield.
Genesee County Sheriff’s deputies are investigating a robbery of the 7-11 Store in on Main Street in Oakfield.
Deputies say two masked men entered the store about 2:30 this morning.
They forced the store clerk into a back room and demanded the code for the cash register.
The two then scooped up cash and fled the building.
The clerk was not injured.
Deputies said the thugs displayed some type of object during the heist but did not describe it as a weapon.

Le Roy Police officers have detained two white males estimated to be about 18 years old in connection with a criminal mischief complaint about a half hour ago. A caller reported that two teenaged boys on BMX-style bikes rode by a business on Myrtle Main Street and threw rocks, which broke a window. The suspects were apprehended on Main Street within minutes and are said to be well known to local law enforcement. Authorities have contacted a representative of Municipal Solutions, a management consulting service in the Village, to make the person aware of damages. One of the youths is wanted by Attica PD, which has been contacted and a meeting is being arranged for them to pick up that person.

UPDATE AND CLARIFICATION: The two teens were juveniles and will not be charged criminally.  The incident occurred on Main Street, not Myrtle. There was no warrant and there was no meet up with Attica PD.

Steven Paul Diveronica, 47, of Richmond Avenue, Batavia, is charged with aggravated DWI and DWI. On Friday at 10:44 p.m. Diveronica was arrested following an investigation into a vehicle pulled over on the side of Richmond Avenue. It is alleged that Diveronica was the driver and that he appeared intoxicated on alcohol. After submitting to standard field sobriety tests, he was arrested. A chemical test subsequently resulted, allegedly, in a BAC of .21 percent. He was released with appearance tickets to return later in City of Batavia Court. The case was handled by Sheriff's Deputy Richard Schildwaster.

Honour Haley Myers, 27, of York Road, Le Roy, is charged with unlawful possession of marijuana. Myers was arrested on Clinton Street Road in Bergen at 8:26 p.m. on Friday following a domestic incident. She allegedly possessed marijuana in the trunk of her car. She was issued an appearance ticket to be in Town of Bergen Court on April 6. The case was handled by Sheriff's Deputy Michael Lute, assisted by Deputy Chad Cummings.

Duty E. Caswell, 24, of Hutchins Place, Batavia, is charged with dog at large. Caswell's canine was allegedly involved in a series of biting incidents at 3:01 p.m., Monday. The dog reportedly broke loose from its chain and attacked an individual in front of its residence on Hutchins Place. The dog then ran down the street and attacked another person near State Street. Both people suffered injuries. Police believe the dog also bit a neighbor's dog. The dog was seized by police and taken to the Animal Shelter. The same dog was allegedly involved in a biting incident in late January. (Previous report)

Bonnie L. Cortright, 28, of Summit Street, Batavia, is charged with petit larceny. Cortright is accused of stealing 28 handcrafted items from the artisan shop at the YWCA.

Nicholas F. DiFillippo II, 50, of Kingsbury Avenue, Batavia, is charged with DWI, refusal to take breath test and speeding. DiFillippo was stopped at 12:36 a.m., March 4, on West Main Street by Officer Eric Foels.

Bailey Loren Gavenda, 19, of Shepard Road, Batavia, is charged with petit larceny. Gavenda is accused of stealing $77.46 in clothing from Kohl's Department Store.

The attorney for a Batavia man accused of rape is troubled by the wide range of potential dates for the alleged attack and would like District Attorney Lawrence Friedman to try and get the woman making the accusation to try and come closer to an exact date.

Establishing a more accurate date would enable attorney Clark Zimmermann to determine if his client has alibis for the time of the alleged rape.

Jason A. Armstrong Sr., is accused of anally raping a woman at a residence on South Main Street, Batavia, sometime between Nov. 6 and 10.

Zimmermann said it was good that the indictment was able to specify the alleged attack happened between 8 and 9 p.m. on whichever day it occurred, but Nov. 6 to Nov. 10 is rather wide range to accept without more effort to narrow it down.

"I would think an adult as the complainant is, would be able to further specify or narrow the time frame," Zimmermann told Judge Michael F. Pietruszka. "Right now we have five possible days between 8 and 9 that this event could have occurred."

Friedman said he is certainly willing to cooperate in working with the alleged victim in narrowing the time frame down, but given the fact that the complaint wasn't made until the end of December, the amount of time that had passed before she was interviewed, made it difficult for her to recall the exact date.

"While I would like to provide a precise date or more precise date, I'm simply unable to do that at this time," Friedman said.

Zimmermann said he would expect the woman would have some ability to use work records or other life records to help her recall and narrow the time frame. He said the woman was working some jobs off the books in November and perhaps knowing when and where she worked would help. He indicated he uncovered some of that information through is own investigations and offered to provide that information to Friedman.

Friedman said he would accept the information and attempt to use it to help the woman come up with a more precise time frame.

Armstrong was indicted by a grand jury on counts of criminal sexual act in the first degree and assault in the second degree for allegedly causing physical injury.

He's also indicted on a count of third-degree assault for allegedly causing physical injury to another person on or about Dec. 5 while at the same address, on South Main Street, as the alleged rape.

Zimmermann said he was still gathering evidence that might assist Armstrong in establishing alibis in both cases, including recorded phone messages left by one of the alleged victims.

Friedman objected that he had not yet received the evidence, despite filing a motion to receive it, and Zimmermann said that given the fact no trial date has been established yet, he still had time to gather the details and provide them in a timely manner.

"I certainly don't intend to sandbag him and I hope he doesn't do the same to me," Zimmermann said. "I think I've provided ample notice and if he disagrees, that's why we have you, Judge."

The case was set for another appearance on March 25, giving both sides more time to prepare their cases. At that time, if no plea deal is reached, Pietruszka will establish a plea cutoff date before setting a trial date.

An ambulance has been dispatched to Bank Street and Alva Place for the male victim of a stabbing.

Police are on scene. 

No further information available at this time.

UPDATE 9:55 p.m.: The stabbing victim was approached by two males at the 7-11 store parking lot on East Main Street and "asked to purchase something" but police would not specify what that was. When the victim pulled out some money, he was stabbed in the shoulder and the money was taken. The suspects fled north on Elm Street, but that is not a certainty; the victim is not from the area. The suspects are described as a light-skinned male and a dark-skinned male, both wearing hoodies, one of which was dark and one of which was gray, but the victim could not specify which person wore what color. The victim attemped to drive to the hospital, but ended up at Bank Street and Alva Place, where he found a police officer and flagged him down.

Jason E. Hammond, 34, of Ross Street, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, speed not reasonable and moving from lane unsafely. Hammond was arrested following a single-vehicle accident at 2:24 a.m. Sunday on Liberty Street, Batavia. Hammond's vehicle hit a utility pole and flipped over. The accident was investigated by Officer Felicia DeGroot. Hammond was ordered held without bail. (Previous coverage).

Victoria M. Fleck, 22, of Wood Street, Batavia, is charged with second-degree harassment and criminal obstruction of breathing. Fleck was arrested following a reported domestic incident at 11:45 p.m., Sunday. Fleck was held on $750 bail.

Timothy J. Becker, 51, of Ellicott Street, Batavia, is charged with second-degree harassment. Becker was allegedly involved in a domestic incident at 11:30 p.m., Saturday.

Matthew Joseph Engert, 24, of Geddes Street, Holley, is charged with aggravated harassment. 2nd. Engert was arrested on a warrant stemming from a criminal complaint reported at 11:22 p.m., Nov. 2. No further details released. Engert was jailed on $1,000 bail.

Donald Robert Rock, 58, of Judge Road, Oakfield, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right and driving left of pavement markings. Rock was stopped at 11:29 p.m. Friday on Kelsey Road, Batavia, by Deputy Ryan DeLong.

Jason William Penny, 31, of Maple Lane, Susquehanna, Pa., is charged with petit larceny. Penny is accused of shoplifting at Target.

David Michael O'Connor, 55, of Byron, has been charged with attempted aggravated murder of a police officer, the Sheriff's Office has announced.

O'Connor is accused of firing a single round from a .22-caiber rifle from the window of his apartment at the Byron Hotel at Deputy Andrew Hale yesterday, blowing out the windows of Hale's patrol vehicle while Hale was performing a traffic stop in the parking lot of the Byron Arrow Mart.

Nobody was struck by the projectile and there were no injuries.

Hale was supported at the scene by Deputy Joseph Corona, who spotted a person in a second-floor window of hotel building.

O'Connor was taken into custody without incident.

He was initially charged with first-degree reckless endangerment and third-degree criminal mischief and held on $25,000 bail.

With the new charge, O'Connor is now being held in the Genesee County Jail on no bail.

Previously: Single gunshot in Byron highlights the dangers of modern law enforcement

With his life on the line this afternoon, Deputy Andrew Hale had to hope for the best after a single gunshot rang out in Byron and shattered two windows in his patrol vehicle.

He needed to assess the situation, and to do that, he had to get out of his car. He had to get out without knowing where the shot came from, and no immediate idea of where or how he should take cover.

It was a perilous moment.

"Where do I hide?" Hale said during a press conference at the Sheriff's Office less than four hours after the incident at the Arrow Mart in Byron. "Where do I go? That's not stuff they can teach you at the academy. That's something you've just got to roll the dice and hopefully, you get lucky."

Fortunately, Hale said, he had immediate backup.

Deputy Joseph Corona was at the side of his patrol vehicle just a few hundred feet away when he saw Hale exit his SUV.

"I did observe Deputy Hale exit his vehicle with kind of a stunned look on his face on what possibly may have happened," Corona said. "I saw him look around to the side of his vehicle at which time when he looked at the side of his vehicle, I watched the exterior glass fall out of his vehicle onto the parking lot of the Arrow Mart, at which point I saw him going to radio for assistance. At that point, I'd already placed my vehicle in drive. I went to go offer support and offer a cover for Deputy Hale, so I put my patrol vehicle in front of him and his vehicle. I didn't know what situation was going on but he said 'possible gunshot'; so in my mind, I utilized our vehicles, I utilized our training, I made sure Deputy Hale was OK."

Hale said, "It was good when somebody showed up at the scene and you know you've got a friend."

Corona noticed an open window on the second floor of the Byron Hotel and a man moving in and out of the window. Corona thought it was likely that's where the shot came from and tried to yell commands to the man by the window.

"He did not obey my instructions," Corona said. "Whether he didn't hear me or wasn't paying attention to me, I didn't know at that point. "`

The Arrow Mart was busy and there were civilians all around the intersection of Route 262 and Route 237. Corona and Hale shouted instructions for people to take cover and leave the area.

Backup arrived from the Sheriff's Office and State Police.

Hale, Corona, Chief Deputy Gordon Dibble and Undersheriff William Sheron entered the hotel and went to the second floor.

David Michael O'Connor, 55, of Room 3, Byron Hotel, Byron, was taken into custody and charged with first-degree reckless endangerment, a Class D felony, and third-degree criminal mischief, a Class E felony. Additional charges may be filed. He was jailed on $25,000 bail.

Hale and Corona were at the intersection running a traffic detail, watching for drivers without seatbelts. Corona would mark the spot and Hale would initiate the traffic stop.

At noon today, Hale stopped a vehicle in the parking lot of the Arrow Mart and wound through the routine -- speaking with the driver, who admitted to driving without a seatbelt, gathering his license, registration and insurance information and then returning to his patrol vehicle to check the data on his computer.

Once in the SUV, Hale heard "a pop" and the glass of his patrol vehicle's rear, passenger seat, windows shattered.

"At that point, you really don't know what's going on and you're trying to figure out, first, 'Was that a shot?' and second, 'Where did it come from?' " Hale said. "We were both sitting out in the open. It's a residential neighborhood and there are people 360 degrees around you and you don't know what window or what person. You don't know anything except that you potentially had gunfire."

The no-seatbelt driver got out his car.

Hale admitted, yeah, of course, it crossed his mind that the driver was the attacker. A person getting out of a vehicle is a big red flag for a cop, Hale said, but the driver immediately put his hands up and asked Hale if he was OK.

"Somebody who just shot at you doesn't throw up his hands in the air and ask if you're OK," Hale said. "Once I was kind of assured he wasn't a threat, my eyes went elsewhere."

The driver did not receive a citation.

District Attorney Lawrence Friedman wouldn't speculate on what additional  charges O'Connor might face, but yes, there is an attempted murder of a police officer to consider.

O'Connor was allegedly found in possession of a .22 bolt-action, single-shot rifle. Maha said that when he entered Room #3, after the scene had been secured, he observed a box of shells on the bed. A casing was still in the rifle, but the slug has not yet been recovered.

Maha said only a single shot was fired.

Nobody was hurt.

There is no known motive at this time. O'Connor does have a local DWI arrest on his record from 2003 but had never had prior contact with Hale.

O'Connor "made certain admissions," Maha said, but wouldn't say what O'Connor said or characterize their nature.

Maha said there were indications O'Connor was under some recent stress and that he may have been a little intoxicated, though not noticeably intoxicated.

The job of law enforcement seems to have gotten more dangerous in recent years, Maha said.

"People seem to be more aggressive," Maha said. "I think it's a sign of the times, whether drug abuse, or alcohol abuse or stress, a lot of people out there with mental health issues."

Hale noted that so much of the work of law enforcement can be routine and it's easy to get complacent, but that's the last thing you want to do these days. So much has changed. 

"You try and remind yourself, and incidents like this do remind us that we do have to be vigilant out there," Hale said. "We have to pay attention. A simple stop for a seatbelt and look what it turned into. It's not that easy sometimes. You've got to see and keep yourself sharp and do your job.

"As the Sheriff stated," Hale added, "policing has changed now and the traffic stop has become, as a stated earlier, a 360. It's no longer just in front of you. You have to be more aware of the hostility toward police officers. You know, people walking down the street, you never know. I guess that's just part of the job now."

A caller reports 10 black males, approximately ages 20 to 30, were fighting in the area of Hutchins Place and Lewis Place in the city. No weapons were displayed. They scattered in different directions. City PD responding.