crime

With a Spanish language translator assisting him, a man who violently slashed a woman with a knife on Wood Street in Batavia in March entered guilty pleas in County Court today to charges of second-degree assault, attempted robbery, and attempted escape.

Reynoldo Diaz-Ruiz will be sentenced to five years in state prison on July 27 under terms of the plea deal he accepted.

Meanwhile, he is being held without bail. The Department of Homeland Security has also placed a detainer on Diaz-Ruiz, who is a Mexican citizen and may be in the country illegally. He faces possible deportation once his prison term is completed. 

Diaz-Ruiz was arrested in late March after Batavia police responded to 8 Wood St. for a physical domestic incident and found a female victim with a laceration to her neck.

In acknowledging his guilt, Diaz-Ruiz admitted that his attack could have caused death to another person and caused serious physical injury. 

After being located, Diaz-Ruiz resisted arrested and was subdued with a Taser. 

When he was taken to Batavia PD headquarters, he attempted to take the sidearm from the transporting officer.

Dwayne Pearsall, 26, a Batavia resident with no permanent address, entered a guilty plea to sexual abuse in the first degree and criminal sexual act in the second degree in County Court this morning.

Pearsall was scheduled to appear for an evidentiary hearing in advance of a potential trial but decided to enter a guilty plea.

He admitted to abusing a child under age 14 in 2012 and a child under age 11 in 2015.

Pearsall was arrested in April and charged then with second-degree attempted rape, and two counts each of criminal sexual act and sexual abuse.

The potential prison term for Pearsall is seven years followed by 10 years on parole.

(Via our news partner, WBTA)

The following people were arrested by the Genesee County Sheriff’s Office during the Zac Brown Band concert at Darien Lake Performing Arts Center on Sunday:

A 17-year-old, of Sunset Court, Hamburg, is charged with trespass and disorderly conduct after allegedly reentering the concert venue after being ejected and told not to return and then causing a disturbance while exiting the venue. He was arraigned in Darien Court and jailed in lieu of $250 bail.

Brett J. Gill, 57, of South Plymouth Street, Rochester, is charged with harassment, 2nd, after allegedly slapping another patron in the face.

Brian R. Kelly, 26, of East Street, Pittsford, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Heather M. Skeels, 35, of Fairmont Avenue, Salamanca, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Zachary J. Corey, 23, of Griener Road, Clarence, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Nicholas J. Luciano, 18, of West Combe Park, West Henrietta, is charged with trespass (two counts) after allegedly reentering the concert venue after being ejected and told not to return.

Holly T. Zimmerman, 24, of North Creek Road, Evans, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Kristen B Baumer, 18, of Hidden Meadow, Penfield, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Lindsey J. Gamer, 20, of Fiddlers Hollow, Penfield, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Walter W. Roman, 55, of Silkwood Circle, Spencerport, is charged with harassment, 2nd, after allegedly pushing a Live Nation employee.

Edward B. Schmitt, 20, of Autumn Trail, Clarence, is charged with harassment, 2nd, after allegedly pushing a Genesee County Sheriff’s Deputy.

Bailey A. Kennedy, 20, of 85 Wolcott St., Le Roy, is charged with criminal possession of a controlled substance, 3rd, unlawful possession of marijuana, and criminal use of drug paraphernalia. Bailey was stopped by Le Roy PD at 1:42 a.m. Sunday for an alleged traffic violation on Myrtle Street. During the stop, Kennedy was allegedly found in possession of 13 small baggies of cocaine and drug paraphernalia. Kennedy was jailed on $2,500 bail or $5,000 bond.

Timothy Fredrick Hughes, 55, of Burbank Drive, Orchard Park, is charged with DWI, refusal to take breath test, speeding, failure to signal, and unsafe passing. Hughes was stopped at 11 p.m. Sunday on Bennet Road, Darien, by Deputy Jeremy McClellan.

Nicholas Ryan Dorson, 30, of Reed Road, Olean, is charged with DWI and driving with a BAC of .08 or greater. Dorson is accused of driving drunk in the Darien Lake Performing Arts Center at 6:32 p.m. Sunday prior to the Zac Brown concert, when Dorson's vehicle struck another vehicle. Dorson allegedly registered a BAC of .13 percent.  The incident was investigated by Deputy Travis DeMuth.

Brian J. Hart, 33, of Lakeshore Road, Kent, is charged with DWI, driving with a BAC of .08 percent or greater, and moved from lane unsafely. Hart was arrested after an investigation into a report of a vehicle off the roadway on Richley Road at 12:57 a.m. today by Deputy Howard Wilson.

Justin C. Holtfoth, 43, of South Main Street, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Holtfoth was stopped at 6:25 p.m. Friday on Lewiston Road, Alabama, by Deputy Jeremy McClellan.

Keith Adam Lowery, 47, of Clipnock Road, Bethany, is charged with assault, 2nd, and criminal mischief, 4th. Lowery is accused of kicking another person, breaking one of her ribs. He also allegedly through the victim's phone out of the trailer window when she wanted to call 9-1-1. Lowery was jailed without bail.

Carlene Victoria Santiago, 28, of Cherry Street, Batavia, is charged with falsifying business records, 1st, and petit larceny. Santiago is accused of making fraudulent gift cards at Walmart and using them at the store.

Timothy Micheal Weinstein, 45, of Alleghany Road, Darien, is charged with criminal contempt, 1st. Weinstein allegedly violated at stay away order by sending text messages to the protected party. He was jailed on $7,500 bail or $15,000 bond.

Tyler William Reeves, 19, of Main Road, Pembroke, is charged with petit larceny. Reeves allegedly stole property while at a residence in Pembroke. He is accused of stealing two camera lenses and a stereo with a total value of $475. He was jailed on $750 bail.

Molly Ann Chatley, 20, of West Main Street, Batavia, is charged with aggravated harassment, 2nd. Chatley allegedly sent messages through Facebook to another person that were threatening in nature. 

Charlene Marie Poole, 46, of Donahue Road, Batavia, is charged with petit larceny. Poole is accused of shoplifting from Walmart. 

Mary Winifred McGowan, 49, of Terry Street, Byron, is charged with DWI, driving with a BAC of .08 or greater, and driving left of the pavement markings. McGowan was stopped at 8:17 p.m. Wednesday on Terry Street, Byron, by Deputy Ryan Delong. 

Qumane James Santiago, 18, of Main Road, Stafford, is charged with criminal trespass. Santiago was allegedly trespassing at a residence on Main Road, Stafford, at 8:38 p.m. Friday.  

Adam W. Hildebrant, 26, of Highland Park, Batavia, is charged with criminal possession of a weapon, 3rd. Hildebrant was allegedly found in possession of brass knuckles during a parole check.

A 39-year-old West Main Street woman was arrested on a Grand Jury indictment for allegedly distributing cocaine. 

Denielle Mancuso faces two counts of criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and one count of criminal nuisance, 1st. 

She was jailed on $25,000 bail or $50,000 bond. 

Mancuso's arrest stems from an investigation by the Local Drug Enforcement Task Force. She is accused of supplying cocaine to an agent on two seperate occasions. 

Tesla Renee Plantiko, 25, of Seven Springs Road, Batavia, is charged with endangering the welfare of a child. It's alleged that on Feb. 1, at 9:50 a.m., at a location on West Main Street, Batavia, with an outside temperature in the low 20s, Plantiko allowed her two small children outside unsupervised with inadequate clothing. Plantiko was reportedly sleeping at the time.

Gregory Seppe, 59, of South Swan Street, Batavia, is charged with public intoxication. Seppe was charged after Officer Jason Davis responded to a complaint that Seppe was stumbling through yards and onto the street on South Swan at 2:40 p.m., Saturday. Davis reportedly observed Seppe stumbling through yards and bouncing off a telephone pole. Davis is a trained drug recognition expert and determined Seppe was allegedly impaired by drugs. Seppe was transported to UMMC and issued an appearance ticket on the charge.

Jamie L. Broadbent, 34, of East Main Street, Batavia, was arrested on a warrant. Broadbent was arrested following a crewfew check on her at her residence. She was jailed on $2,000 bail or $4,000 bond.

David T. Loucks, 37, of West Garden Road, Rochester, is charged with aggravated unlicensed operation, 2nd, speeding, unlicensed operation, reckless driving, and unlawful possession of marijuana. Loucks was stopped at 6:20 p.m. Friday on Pearl Street, Batavia, by Officer Mitchell Cowen.

Charles J. Rodriguez Sr., 40, of North Spruce Street, Batavia, is charged with petit larceny. Rodriquez is accused of stealing $44.95 worth of merchandise from Dollar General. Rodriquez was arrested on a warrant, pled guilty and was sentenced to jail concurrent with a guilty plea to an unrelated charge of endangering the welfare of a child.

Heidi L. Harder, 42, of Montclaire Avenue, Batavia, is charged with kidnapping, 2nd, endangering the welfare of a child, and unlawful imprisonment, Harder is accused of taking a child of a relative, locking herself and the child in her apartment and refusing to return the child. The child was returned to a caretaker unharmed.

Jordan S. Thomas, 18, of Elm Street, Batavia, is charged with assault, 3rd. Thomas allegedly injured another person during a fight on Vine Street at 8:30 p.m., June 11.

Deborah S. Rodriguez, 49, of Farnsworth Avenue, Oakfield, was arrested on a warrant out of Batavia City Court for alleged failure to appear on a traffic violation.

Micheal J. Vanbuskirk, 43, of Myrtle Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, operating without an ignition interlock device, and on a suspended registration. Vanbuskirk was stopped at 8:16 p.m. June 13 on Vine Street, Batavia, by Officer Chad Richards.

A 17-year-old resident of Maple Road, Basom, is charged with unlawful surveillance, 2nd. The youth is accused of placing a mobile phone with its video camera operating in a locker room at Oakfield-Alabama High School. He was arraigned and released under supervision of Genesee Justice.

Nathan Gerald Safford, 27, of Broughton Road, Silver Springs, is charged with unlawful fleeing of a police officer, reckless driving, speeding (over 55 mph), speeding (in a 40-mph zone), and failure to stop at red light. Safford was arrested once stopped at 8:25 p.m. Friday on Main Road, Corfu, by Deputy Jeremy McClellan. He was jailed on $25,000 bail or $100,000 bond.

Philip Michael Arcuri, 31, of Oak Street, Warsaw, is charged with criminal possession of a controlled substance, criminal possession of a hypodermic instrument, unlawfull possession of marijuana, moving from lane unsafely, and failure to use designated lane. Arcuri was arrested following an investigation into a property-damage accident at 4:40 p.m. Friday on Lake Road, Pavilion, by Deputy Micheal Lute. Arcuri was allegedly found in possession of heroin, a needle and marijuana.

Mark Anthony Constable, 28, of Meigs Street, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and no front plate. Constable was stopped at 12:30 p.m. Friday on Route 33, Bergen, by Deputy Chris Erion.

Glenn Vincent Gerold, 27, of County Route 26, Carthage, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and inadequate headlights. Gerold was stopped at 9:37 p.m. Friday on West Main Street, Batavia, by Deputy Richard Schildwaster.

Joshua Adam Locurcio, 37, of Stenson Avenue, Rochester, three counts of criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 3rd, driving on a suspended registration, unlawful possession of marijuana, operating an uninspected vehicle. Locurcio was stopped at 8:06 p.m. Sunday on Route 33, Bergen, by Deputy Ryan DeLong. 

Patrick Frances Donaldson, 47, of Harvard Street, Hamburg, is charged with DWI, driving with a BAC of .08 or greater, and failure to stop at stop sign. Donaldson was stopped at 10:33 p.m. Friday by Deputy Ryan DeLong.

The following people were arrested by the Genesee County Sheriff’s Office during the Florida Georgia Line concert at Darien Lake Performing Arts Center on Friday:

A 17-year-old, of Seeley Road, Williamson, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Tyler D. Pemberthy, 22, of Lillybrook Court, East Amherst, is charged with criminal trespass, 3rd, after allegedly jumping a fence into the concert venue.

A 16-year-old, of York Street, Honeoye Falls, is charged with criminal trespass, 3rd, after allegedly jumping a fence into the concert venue.

Brandon M. Erskine, 24, of State Route 21, Hornell, is charged with disorderly conduct after allegedly engaging in a fight while exiting the concert.

Jaymi R. Seitz, 26 of Whitney Road, Ontario, Canada, is charged with criminal mischief, 4th, after allegedly using a key to scratch another person’s vehicle.

Yesterday, we reported that State Police had opened an investigation into a pickup truck that had been stolen earlier in morning from MY-T Acres Farm in Batavia.

The truck was returned at 4:20 a.m. today. It was undamaged with all the property still in the vehicle.

The owner credits publication of the theft on The Batavian with the return of the vehicle.

Two motorcyclists were reportedly traveling at a high rate of speed eastbound on Route 5 in Pembroke and disregarded law enforcement attempts to pull them over. They "blew through the light at (Route) 77," one continued on and the other made a right turn to go southbound on 77. Law enforcement is continuing the pursuit.

Angela Marie Bodekor, 30, of South Lake Road, Corfu, is charged with: aggravated DWI -- a BAC of .18 percent or higher; DWI; refusal to take a prescreen breath test -- roadside; open container of alcohol in vehicle; leaving the scene of a property damage accident; and unreasonable speed. On June 15, following the investigation of a motor-vehicle accident at 950 Sliker Road in the Town of Pembroke, Bodekor was arrested on the charges listed. She was issued an appearance ticket for Pembroke Town Court and is due there on Aug. 1. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Sgt. Jason Saile.

Amy L. Wolfe, 42, of Auburn Ave., Rochester, is charged with criminal possession of a controlled substance and possession of a hypodermic needle. She wass arrested on Federal Drive in Batavia at 7:28 a.m. on June 16 following a complaint at a local hotel. She was allegedly found to be in possession of several hypodermic needles and what appeared to be heroin. She was issued appearance tickets to appear in Town of Batavia Court on July 27. The case was handled by Genesee County Sheriff's Deputy Andrew Hale, assisted by Deputy Lonnie Nati.

Jason W. Whitehead Jr., 19, of Skyline Drive, Penn Yan, is charged with endangering the welfare of a minor, a Class A misdemeanor, and unlawful possession of marijuana. Whitehead was arrested on Thursday afternoon, June 15, by members of the Genesee County Drug Enforcement Task Force following an investigation in the area of 4 MacArthur Drive in the City of Batavia. He was allegedly found to be in possession of marijuana and further investigation allegedly revealed that he provided marijuana to a person less than 17 years old. The defendant was issued an appearance ticket for June 27 in Batavia City Court.

The State Police are investigating the theft of a 2010 Ford F-150 from MY-T Acres Farms in Batavia at 5:20 a.m., today. It's a ClubCab, tan in color, with a license of 20128GL. 

The farm is located at 8127 Lewiston Road, Batavia.

The suspect vehicle appears to be a red Jeep.

Anybody with information that might assist in the investigation is asked to call the Batavia Barracks at (585) 344-2200.

David S. Hazzard is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on March 1 in the Town of Le Roy that Hazzard drove a 1999 Toyota on Interstate 90 while in an intoxicated condition. In count two of the indictment, he is accused of the crime of aggravated unlicensed operation in the first degree, another Class E felony, for driving when he knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and that at the time he was under the influence of alcohol or a drug in violation of the law. In count three, the defendant is accused of the crime of circumvention of an ignition interlock device, a Class A misdemeanor. It is alleged that when he drove on March 1, he was subject to a court-ordered ignition interlock device when operating a motor vehicle, and the Toyota he drove was not equipped with one.

Three people have been charged following investigations by the Genesee County Department of Social Services.

Christina Hietala-Johnson, 35, formerly of Batavia, now residing on Alphonse Street in Rochester, has been charged with two counts of offering a false instrument for filing in the first degree and one count of grand larceny in the fourth degree. The charges stem from falsified SNAP(Food Stamp) applications submitted to the Genesee County Department of Social Services by Hietala-Johnson in March and August of 2016. She is accused of receiving $2,245 in SNAP benefits to which she was not entitled. Hietala-Johnson was issued an appearance ticket by Investigator Chad Minuto of the Genesee County Sheriff’s Department and is scheduled to appear in Batavia Town Court on June 22.

Martin Jones, 46, of State Street, Batavia, has been charged with two counts of criminal possession of a forged instrument in the second degree and two counts of offering a false instrument for filing in the first degree. The charges stem from falsified medical statements submitted to the Genesee County Department of Social Services by Jones in February. He was arrested by Deputy Cory Mower of the Genesee County Sheriff’s Department and was arraigned by Batavia Town Justice Michael Cleveland who ordered him held without bail. He is scheduled to reappear in Town Court on June 26.

Edwin Stancliff, 38, of Indian Falls Road, Corfu, has been charged with one count of offering a false instrument for filing in the first degree and one count of grand larceny in the fourth degree. Stancliff’s charges stem from a recertification form he submitted to the Genesee County Department of Social Services in April 2016 on which he failed to report he was receiving income from NYS disability. Stancliff is accused of receiving SNAP and Temporary Assistance benefits totaling $1,933.21 to which he was not entitled. Stancliff was issued an appearance ticket by Deputy Krzemien of the Genesee County Sheriff’s Department and is scheduled to appear in Batavia Town Court on June 19.

Anyone wishing to report suspected cases of Welfare Fraud in Genesee County can contact the Genesee County Department of Social Services Fraud Investigation Unit at (585) 344-2580, ext. 6417 or 6416. All calls are confidential.   

Press release:

A Family Court petition has been filed against a 15-year-old who was the alleged driver of the gold Ford Taurus which was involved in the motor vehicle / pedestrian accident on Allen Street in Batavia at approximately 3:16 p.m. on May 27. The juvenile will have to appear in Family Court sometime in July. The 32-year-old female victim was treated and released at a local hospital.

Previously: Woman saves son before car strikes her and two dogs

(file photo)

A 32-year-old woman accused of endangering a disabled person in an accident on Fargo Road, Stafford, a year ago entered not guilty on a three-count Grand Jury indictment in County Court this morning.

Nicole Kimberly Sullivan, currently of Mt. Morris (in the past year, she's also lived in Wyoming and Perry), is charged with: second-degree assault, a Class D violent felony; endangering the welfare of an incompetent or physical disabled person in the first degree, a Class E felony; and leaving the scene of an accident without reporting it, a Class E felony.

Sullivan has hired David Silverberg to represent her and the attorney told Judge Charles Zambito that he will be filing motions in the case, including a motion to suppress at least one witness statement. A hearing on the motions was set for Aug. 16.

At 2:30 a.m., June 10, 2016, Stafford fire and Mercy medics were dispatched to Fargo Road for a car that had struck a tree.

Only one person, an apparent passenger who had suffered serious injuries, was located in the vehicle. After extricating the passenger and getting him aboard an ambulance, firefighters scoured the area looking for the driver, unsure if the driver had been ejected, had tried to leave the scene but was injured and in need of assistance or exactly what happened.

The assault charge stems from Sullivan's alleged recklessness in driving.

Sullivan allegedly called her husband to come and pick her up and ADA Shirley Gorman told Zambito today that, if not for an alert area resident who spotted her before she was picked up, were deputies able to identify her.

That was one reason Gorman said she opposed in Town of Stafford Court the defendant being released on her own recognizance. She renewed her request today for bail in the case or at least a release under supervision.

Zambito ordered supervision of Sullivan by Genesee Justice. Because Sullivan currently lives in Livingston County, has parents in Wyoming County and her attorney is in Erie County, Zambito amended the release order to allow her to travel in those counties, plus Genesee County.

One of two men involved in a forced-entry burglary in Le Roy last year was sentenced to five years probation today, but the consequences of his crime could be a little more difficult to overcome.

William J. Hixenbaugh, 28, of Lake Street, Le Roy, is on the hook for the entire $1,500 in restitution claimed by the victim.

Typically, co-defendants in the same crime would be ordered to split the restitution, but Hixenbaugh's partner was sentenced before the victim had filed a restitution claim, so the judge couldn't order restitution at the time of sentencing and restitution can't be added to the sentence retroactively.

If Hixenbaugh can't convince Carl M. Vander, 23, also of Le Roy, to split the difference, he will need to file a civil suit against Vander.

Hixenbaugh and Vander were arrested by Le Roy PD at the end of March following a six-month investigation into the burglary. They stole a television and mobile phone.  Those items were reportedly recovered.

They also damaged property during the burglary.

Judge Charles Zambito could have sent Hixenbaugh to jail for six months under terms of the plea deal but gave him probation even while expressing doubts about his character.

"I find the explanation you provided unbelievable," Zambito said. "If that attitude continues, you're going to have a hard time making it through five years of probation."

ADA Kevin Finnell argued for some jail time, suggesting the defendant hadn't accepted full responsibility for his crime, saying Vander was the instigator.

"It seems Mr. Hixenbaugh has an excuse for everything he does in life," Finnell said.

Hixenbaugh will be paying back the $1,500 in $50 installments over the next 30 months.

Abdullah H. Shareef, 36, of East Avenue, Batavia, is charged with two counts of criminal possession of a controlled substance, 3rd, unlawful possession of marijuana, and promoting prison contraband, 2nd. Shareef was arrested following a traffic stop by members of the Local Drug Task Force on Tuesday night. Shareef was allegedly found in possession crack cocaine and marijuana during the traffic stop. While being processed into the Genesee County Jail, he was allegedly found to possess on his person more cocaine and marijuana. He was ordered held without bail.

Brandon M. Seppe, a resident of Batavia, has been charged with driving while ability impaired by drugs following a single-vehicle accident on Veterans Memorial Drive at 2:08 p.m., today.

Seppe's passenger, Gregory Seppe, 59, of Batavia, was transported to Strong Memorial Hospital by Mercy EMS.

A Sheriff's press release says Brandon was westbound on Veterans Memorial Drive when he allegedly moved from the lane unsafely. He failed to maintain control of his vehicle and struck a large utility pole, causing a widespread power outage.

The vehicle came to rest on the passenger side.

The accident was investigated by Deputy Andrew Hale, Deputy Matthew Butler, and Deputy Chris Erion. Assisting at the scene were Town of Batavia fire, Mercy EMS, Batavia PD, and State Police.

(Initial report)