crime

 

 

  Samuel Blackshear

When Samuel Blackshear shot Nathaniel Wilson on Central Avenue one evening last May, Blackshear was exercising "street justice" Judge Charles Zambito told the young man today at his sentencing on an illegal weapon conviction.

It wasn't a matter of self-defense, as defense attorney James Hinman contended, Zambito said. The judge said he believed there was a prior dispute between Blackshear and Wilson, even before Wilson showed up with a knife and stabbed and killed Terry Toote, and that Blackshear knew a woman he was with had a gun and that he expected to be handed the gun if he needed it.

Blackshear was denied youthful offender status and sentenced to three and a half years in state prison followed by two and a half years on parole, which is the mandatory sentence for a conviction on a count of criminal possession of a weapon.

The father of Samuel Blackshear, who was 17 at the time of the incident, said he was disappointed that Zambito denied his son a chance to go to school, get a job, and try to get on a path toward a productive life.

"I came here today expecting justice for my young son," Billy Blackshear said. "I'm not trying to make excuses for him. I'm not saying that he was in the right for how he reacted, but considering the factors that placed him in that situation...with him being a young person, you have the influence of television, you have the influence of peers, you have so many negative influences that could have carried him even worse than the way he reacted and he did not."

Before sentencing Blackshear, Zambito meticulously reviewed the law, the criteria that must be met for a finding youthful offender status, and the circumstances of the case.

Many new details about the murder of Toote and the shooting of Wilson on Central Avenue on May 17 came out during today's hearing.

Youthful offender status is reserved for those cases, Zambito said, where there are mitigating circumstances and where the defendant may have acted in haste and thoughtlessly. The judge making a Y.O. determination must consider the gravity of the circumstances, the defendant's prior record, prior acts of violence, the reputation of the individual, whether the defendant cooperated with police and prosecutors, the defendant's attitude, and whether the defendant has displayed respect for the law.

Y.O. status is mandated if the perpetrator is between 15 and 19 years old at the time of the offense but the conviction is for a misdemeanor. In this case, Blackshear admitted to a felony.

If the case involves an armed felony, as this was, Zambito said, then mitigating circumstances come into play.

In their remarks to Zambito prior to Zambito discussing his decision, District Attorney Lawrence Friedman said there were no mitigating circumstances and dismissed assertions by the defendant's attorney, Hinman, that Blackshear acted in the defense of himself and others. Hinman passionately and exhaustively argued that there were mitigating circumstances and this his client did act in defense of himself and others.

Friedman argued that Blackshear, who had little experience, he said, with handguns, and no prior training in defending others, acted recklessly and without regard to the safety of others in the vicinity when he fired three shots at Wilson. After Wilson attacked Toote, he said Blackshear walked over to a nearby car, took a gun from the driver, and immediately turned around and started firing.

"That wasn't self-defense the first time he fired it," Friedman said. "It wasn't self-defense second time he fired it. It wasn't self-defense the third time he fired it. That was not self-defense."

If it was self-defense, Friedman argued, then why didn't Blackshear stick around after the shooting? Why did he flee instead of talk to the police? Why wasn't he cooperative with investigators once he was located? Friedman asserted the Blackshear has been unwilling to help police locate the handgun he used and that the gun is still missing.

Hinman argued that all available physical evidence, in particular, a video camera mounted on a utility pole on Central Avenue at the time of the shooting, shows Blackshear acted in defense of himself and others. He said it showed Wilson arrive on scene and within 10 seconds, attack Toote, kill him, and then immediately brandish the knife at other people in the area.

Other than his possession of the gun, Hinman said his client did nothing illegal. He suggested the other charges against Blackshear -- attempted assault in the first degree, assault in the second degree -- where satisfied in the plea agreement because Blackshear could have made a credible case to a jury that he acted within New York law to defend himself and others.

"Maybe he (Wilson) would have stabbed other people if he had not been shot," Hinman said. "That doesn't make Mr. Blackshear a hero but he stopped illegal acts."

As for Blackshear's leaving the scene of the shooting before police arrived, Hinman said that's the normal reaction of a black youth today.

"I would submit that a young black man in this day and age has a good reason to not stick around and talk to police," Hinman said. "Nor does he have the obligation to stick around and talk with police."

As for helping police find the gun, Hinman said his client told police that he handed the gun to a third party to take care of and that he has no direct knowledge as to the gun's whereabouts. He said that third party may have cooperated with police in locating the gun but since that person wasn't assured immunity from prosecution he hasn't cooperated. He did say police learned the gun may have been dropped from a bridge into a creek and a search was undertaken to try and locate the gun but it wasn't found. None of that, Hinman said, could be blamed on his client.

Hinman disputed statements Wilson made in a presentence probation interview where Wilson apparently asserted that Blackshear shot him because of a prior dispute and that Blackshear was looking for a confrontation with Wilson.

"It's nothing more than an attempt by Wilson to make himself a victim," Hinman said. "He's the one who set everything in motion."

Zambito, however, gave some weight to Wilson's account of the incident.

"I have no sympathy for Nathaniel Wilson," Zambito said. "He is convicted of murder and he is in jail for a long time, and deservedly so."

But, Zambito said, some of Wilson's statements are corroborated by the evidence on the pole cam video recording as well as mobile phone recordings by witnesses.

In order to find mitigating circumstances, Zambito said he would have to be convinced that Blackshear acted on the spur of the moment to defend himself and others but Zambito said the evidence suggested otherwise.

For example, well before Wilson arrives, a black sedan is seen on Central Avenue. At one point, the driver gets out and retrieves what appears to be a handgun from the trunk of the vehicle. Later the car leaves Central Avenue and returns. The car leaves again and reappears just before Wilson shows up. After Wilson stabs Toote, Zambito said, Blackshear is seen moving toward Wilson, who is turning to leave, and then sees the sedan and walks over to it and is immediately handed a gun by the driver of the vehicle.

"That tells me," Zambito said, "that he (Blackshear) was looking for that car and he expected to be handed the gun."

He said audio from mobile phones show that several people cried out "Sam," which Zambito took as a verbal attempt by witnesses to tell Blackshear to not fire any shots but that Blackshear fired anyway.

Wilson contends he and Blackshear had a prior dispute over Wilson hitting a girlfriend and that Wilson had tried to apologize and Blackshear refused the apology. He said even in a phone call earlier that day, Blackshear had refused the apology and hung up on him.

He said Blackshear had referred to himself as a member of the "L Gang" and that members of the "L Gang" would be looking for Wilson (outside of court, Friedman said "L Gang" may refer to a group of youths who grew up on Lewis Place and applied that moniker to themselves).

While acknowledging that Blackshear's natural impulse may have been to leave the scene and that he had no obligation to stay at the scene, his failure to do so did display a lack of cooperation with police, and one of Zambito's findings must include cooperation with police for Youthful Offender status. Further, Blackshear did not come forward voluntarily the next day. When he was located, he was at the residence of the adult who gave him the gun, playing video games.

As for Blackshear's criminal record and good conduct, Zambito said Blackshear had been arrested once, granted youthful offender status once, and was on probation at the time of the May 17 incident. He also said that Batavia PD and Sheriff's Office reported 26 negative contacts with Blackshear in the prior two years. He said Blackshear had been accused of shooting another person with a BB gun.

"And he's only 17 years old," Zambito said.

Citing district official at BOCES, Blackshear was characterized as having us vs. them attitude, of disrespecting authority, of hanging out with other youths who caused trouble.

In the presentence report, probation officers recommended against Y.O., and detectives Thad Mart and Kevin Czora, the lead investigators on this case, also recommended against Y.O. status.

"It was only by sheer luck that his reckless behavior didn't result in killing or seriously wounding a bystander," Mart wrote in his letter to the court.

Zambito said he took all of that into consideration in coming to his conclusion.

"The defendant attempted street justice," Zambito said. "He put at risk an entire neighborhood. Even Nathaniel Wilson recognizes the loss of life in this incident was over something very senseless and I have to agree with him. I have to believe this defendant was complicit."

Billy Blackshear said his son was raised well, as the grandson of a beloved local pastor, the late Reverend Oraid Blackshear of Mount Zion Missionary Baptist Church on Ellicott Street, and as the son of a man who has never been arrested or spent a night in jail.

But outside court he said he can't help but wonder if he did enough to prepare his son for dealing for life in today's society.

"As a parent, I wish I would have done more," Billy Blackshear said. "I think that's something that maybe a lot of parents say when bad circumstances happen. I said the same thing about my brother when he passed. I wish I could have had a chance to say goodbye to him. I wish there were words that I could have said to him had I known that would be the last time I saw him.

"I didn't get that chance and I feel that same sense of sadness and remorse in this particular case. I wish I could have spent more time or that I could have done or something, or something I could have said that would have better prepared him for such horrendous circumstance."

There's a lesson in this case for all of us, Billy Blackshear suggested.

"I think that young people are too busy being raised and being influenced by outside forces that gave other people monetary value," Blackshear said. "You know there's money to be made on telling kids you should be this way, to have a violent attitude, or look at, you know, you don't have to listen to the rules or anything like that. I'm not saying that's what Samuel was influenced by (that) but I'm saying that there is more negative input than ... positive.

"And so we as parents have to step up. I think the system has to step up as well. Hand-in-hand cooperate in order to be a counterbalance to the things that are steering our young people into the feeling hopelessness and anger and just frustration. We need to start putting hope back inside these young people. We need to start giving them better options. We could do more. There's always more that can be done." (View the full video at the top of this story for all of Mr. Blackshear's comments after the hearing.)

Zambito thinks it's time for Samuel Blackshear to step it up and use his time in prison to take advantage of programs that will help him be more productive and move his attitude away from "us vs. them."

"If you don't," Zambito said, "you're either going to spend a lot of your life in jail or you're going to wind up dead like Terry Toote."

Lee George Ezzell, 64, of Genesee Street, Darien, is charged with second-degree harassment. At 10 a.m. on March 17 on Genesee Street in Darien, Ezzell was arrested. It is alleged that with intent to annoy, harass, or alarm a person, he used an open hand to strike that person in the back of the head. Ezzell was issued an appearance ticket for April 2 in Darien Town Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen

Joey Aaron Evans, 28, of State Street, Batavia, is charged with petit larceny. At 4:03 p.m. on March 16, Evans was arrested after he allegedly stole two Dyson V6 vacuums from Walmart. He was arraigned then released on his own recognizance. He is due in Batavia Town Court on April 9. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Michael Lute.

Mary Ellen Bruton, 63, of Gilman Road, Churchville, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or higher; and having a vehicle stopped, standing or parked on a highway. She was arrested at 10:32 p.m. on March 17 on Park Road in Batavia following a traffic stop. She was issued an appearance ticket and is due in Batavia Town Court on April 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jeremy McClellan.

Justin T. Gladney, 29, of North Spruce Street, Batavia, was arrested on March 13 at 11:37 a.m. on Hutchins Street in Batavia on three separate warrants issued by Batavia City Court. One was a bench warrant for failure to appear. The second was an arrest warrant for failure to appear on an appearance ticket. These were in connection to two petit larceny charges. The third warrant was for first-degree falsifying business records and criminal impersonation in the second degree -- for allegedly giving a false name to the police and while being fingerprinted at the GC Jail. Gladney was put in jail with bail set at $2,500 cash or bond on the first two warrants and bail of $15,000 cash or bond for the new charges that garnered the third warrant. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Daniel Coffey.

Pablo Abdiel Cintron Guzman, 18, of Central Avenue, Batavia, is charged with unlawful possession of marijuana. He was arrested at 4:54 p.m. March 17 on Park Road in Batavia following a traffic stop. He is due in Town of Batavia Court on April 4. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Hale.

A caller reports that a woman showed up at a residence on Williams Street in Batavia and knocked the windows out with a shovel.

She then left in a dark-colored Ford pickup truck.

Police are searching the area.

      Adam Brokaw

A 43-year-old Batavia resident admitted in Genesee Count Court this week to one count of sexual abuse, 1st, for a sexual act involving a woman deemed to be incapable of giving consent.

Adam Brokaw, of Northern Boulevard, faces up to 10 years on probation and six months in jail following the guilty plea.

Sentencing is scheduled for 2:30 p.m., April 26.

Brokaw, at the time of his arrest in July, was a corrections officer at the Albion Correctional Facility.

Investigators said at the time that the incident took place at 2 a.m., Nov. 11, 2017 after a party at his residence.

Kendra Kenyon, 22, (pictured left) and Dominic Beck, 23, (pictured below right) both of Batavia, no addresses noted, were among 12 people arrested recently by the Wyoming County Drug Task Force and accused of selling and/or manufacturing drugs throughout Wyoming County over the past year or so. Kenyon and Beck were the only defendants from Genesee County arrested in the sweep.

On March 13, Kenyon was charged with criminal sale of a controlled substance in the fourth degree and conspiracy in the fourth degree. 

It is alleged that Kenyon and Beck agreed to sell suboxone to an individual in the Village of Attica on Feb. 8. Both allegedly travelled to Attica with the intentions of selling the drug to another subject at which time they were arrested by Task Force Members and Wyoming County Probation officers who were waiting for them when they arrived to sell the drugs.

Kenyon is currently in the Wyoming County Jail in lieu of $15,000 cash bail, while Beck, who was arrested on the same charges March 8, has since posted bail. 

The Wyoming County Drug Task Force is a multi-agency unit with members from the Sheriff’s Office, Warsaw, Perry, Attica, and Arcade Police Departments, which all participate.

Tonya Lee Buzzell, 36, of Liberty Street, Batavia, is charged with: third-degree bail jumping; false personation; violation of the Family Court Act; criminal possession of a controlled substance in the seventh degree. Buzzell was located in Erie County and arrested on March 13 on four warrants then turned over to the Genesee County Sheriff's Office. Following her arraignment in Genesee County Family Court, she was released on her own recognizance. Next she was arraigned in Batavia City Court regarding the false personation charge and released on her own recognizance. Afterward, she was jailed in lieu of $1,500 bail on the criminal possession of a controlled substance charge and $10,000 bail on the third-degree bail jumping charge. Additional charges may be pending. She is due in city court April 24. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Sgt. Thomas Sanfratello.

Sharnice Shantell Gibson, 27, of Frank Street, Medina, is charged with: aggravated driving while intoxicated -- with a passenger less than 16 years of age; DWI; two counts of endangering the welfare of a child; and loud exhaust. Gibson was arrested March 14 on Alleghany Road in Alabama following a complaint of an erratic driver. She was arraigned in Town of Alabama Court and jailed in lieu of $2,500 cash or $5,000 bond. She is due in Town of Alabama Court on April 4. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Erik Andre.

Jamie Leigh Ayala, 39, of Walnut Street, Batavia, is charged with fourth-degree grand larceny and petit larceny. Ayala was arrested at 6:29 p.m. on Feb. 28 at Palm Island Indoor Water Park on Park Road in Batavia after allegedly stealing and preventing the return of a wallet containing three credit cards and other personal documents while at the water park. Ayala is due in Batavia Town Court on April 4 to answer the charges. The case was handled by Genesee County Sheriff's Deputy James Stack.

       Leona Polk

A 39-year-old resident of West Main Street Road, Batavia, has been arrested and accused of selling a quantity of methadone to an agent of the Local Drug Task Force on two occasions.

Leona J. Polk is charged with two counts of criminal sale of a controlled substance 4th, a Class C felony.

Polk was arraigned in Genesee County Court on Thursday and given her status as a lifelong Batavia resident and her lack of any prior criminal record, she was released on her own recognizance. 

She was arrested March 8 and held without bail until her appearance before Judge Charles Zambito on Thursday.

She is accused of making the sales on June 17 and 18.

The sentencing of Samual Blackshear, the Batavia teenager who shot murderer Nathaniel Wilson in the leg after Wilson had stabbed Terry J. Toote outside a residence on Central Avenue, was delayed again today because his attorney received information that could effect Blackshear's eligibility for youthful offender status.

Blackshear entered a guilty plea in November to a single count of criminal possession of a weapon.

The plea agreement, which satisfied an indictment that included counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree, came with the promise that Judge Charles Zambito would consider granting the then 17-year-old youthful offender status. That would seal his court and criminal record in this case; the defendant is then never required to disclose the conviction to colleges or on job applications.

In preparing for sentencing, James Hinman did not receive a victim's statement from Wilson and did not believe such a statement existed.

Today, he learned that while Wilson did not make a victim's impact statement, he did make statements during his interview for his own pre-sentence investigation, that could have a bearing on the Blackshear case. Hinman asked for time to review those statements.

The content of Wilson's statements was not revealed in court.

In defending Blackshear, Hinman has maintained that Blackshear acted to protect the lives of people at the scene of May 17 murder. While the justification defense might have swayed a jury on the assault charges, Hinman did not dispute that Blackshear came into possession of a handgun he wasn't licensed to carry.

The gun allegedly came from Jennifer Urvizu-Hanlon, 48, then a local businesswoman, who did have a license for the gun. Her case is still pending.

Blackshear's case was continued to 3:30 p.m., March 2.

Even if granted youthful offender status, Blackshear could still be sent to prison for up to four years, or Zambito could put him on probation immediately.

Wilson, who admitted to second-degree murder, was sent to prison for a minimum of 20 years.

Crime Victims' Rights Week in Genesee County will be commemorated April 7-13 with a special presentation at Genesee Community College from 8:15 a.m. to 1 p.m. on Monday, April 8, examining a fatal car accident that has become a key part of Genesee County history.

"Honoring Our Past. Creating Hope for the Future" will look back on a 1987 head-on collision that took the lives of three students in Pembroke and their driver's education instructor.

The panel for the discussion includes: 

• Sheriff's Office Crash Scene Investigator -- Judge James Orr
• Prosecuting District Attorney -- Judge Robert C. Noonan
• Pembroke School teacher -- Gregory Kinal
• Family members: Deputy Patrick Reeves

Reeves is the brother of Rhonda Reeves, who was 17 the day a car driven by Lyndon Goodell, then 23, hit the car she and her classmates were in. Also killed were students Eric Hamm-Johnson, Mindy Beals, and 55-year-old instructor Patrick Collins.

Goodell, a Batavia resident who had already served a stint in prison for burglary, was eventually convicted of manslaughter and vehicular manslaughter. He was sentenced to seven to 15 years in prison.

A wrongful-death lawsuit filed by the victims' families found Goodell and his passenger, Carol Rokicki Elder, equally at fault. Rokicki Elder gave Goodell the keys to her car and the bottle of whiskey that they shared.

A grand jury stenographer has allegedly been audio recording grand jury proceedings, which isn't legally permissible, and the attorneys for Jennifer L. Serrano think the stenographer's actions are enough to get a second-degree vehicular manslaughter charge dismissed.

The 48-year-old Serrano was charged following the Aug. 11 death of 18-year-old Connor Lynskey after a Jason Aldean concert in Darien.

"I was not aware of the recordings until recently and as a matter of an ethical obligation, I notified the defense attorneys involved," said District Attorney Lawrence Friedman.

While attorneys Frank LoTempio III, and Jack Sanchez have filed a motion seeking dismissal of the grand jury indictment against Serrano, Friedman doesn't believe the recordings jeopardize the case.

"We do not believe, regardless of what the court decides, it will result in the dismissal of the indictment or lead to anything that would delay the case."

Friedman has until April 5 to file his answer to the motion with the court and Judge Charles Zambito may conduct a hearing on the motion April 25 at 1:30 p.m. LoTempio and Sanchez have asked to put the stenographer on the stand at the hearing. It will be up to Zambito to decide if there should be a hearing and whether to call the stenographer to the stand.

The recordings, if made, are a potential violation of New York's Judiciary Law, though Friedman disagrees with the analysis by LoTempio and Sanchez that the recordings rise to the level of a misdemeanor. Friedman isn't anticipating any charges in the case.

Friedman's office had no prior knowledge of the recordings and did not benefit from the recordings. The stenographer is an independent contractor and is not employed by the District Attorney's Office.

The stenographer was using a shorthand machine manufactured with the recording capability built right into the device, which is why the DA's office was not aware of the recording being made. Such a mahcine may be permissible in other legal proceedings but in New York, not in a grand jury proceeding.

Assistant District Attorney Shirley Gorman discovered the fact that the recordings were being made and brought it to Friedman's attention.

Friedman and the ADAs in his office have notified defense attorneys about the recordings but he didn't have a count for how many cases that might involve. As for as his own cases, only one other defense attorney has filed a motion related to the recordings.

"The bottom line, I really believe, is this is not going to be an issue that is going to impact cases," Friedman said. "We’re not concerned that we’re going to have indictments dismissed or any that severe as a result of this."

As for Serrano, if the case does go to trial, LoTempio said the defense is ready to proceed. They plan to bring forward an expert witness who will testify that Lynskey was intoxicated and either walking or running in the lane of traffic when he was struck.

The defense will argue that Lynskey was at fault in the accident, LoTempio said.

They also believe there is evidence to indicate that Serrano didn't know she had struck a person and therefore didn't have the requisite knowledge to be charged with leaving the scene of a personal injury accident.

The accident occurred Aug. 11 on Sumner Road. Lynskey was with friends and family at the Aldean concert at the Darien Lake Performing Arts Center. They were camping at Darien Lakes State Park. After the concert, the group started on foot back to the campground. The Sheriff's Office report of the accident indicated Lynskey decided to run ahead and catch up with a friend. When both groups were back at the camp, they realized Lynskey was missing. Law enforcement searched the area that night but did not find Lynskey. His body was found the next day in a ditch by the side of the road.

Serrano had been stopped and charged that night with a DWI. The accident may have occurred about a half hour before she was arrested. Through leads, Sheriff's investigators identified her as a suspect in the fatal accident.

Josselyn A. Scott, 57, of Back Creek Road, Boston NY, is charged with driving while intoxicated with a previous conviction within the last 10 years, and driving with an open container of alcohol in a motor vehicle while on the highway. Scott was arrested at 5:31 p.m. March 10 for felony DWI and drinking in her car after she was allegedly observed leaving the scene of a property-damage accident on the Thruway, then seen sitting in the parking lot of 200 Oak St., Batavia, with her vehicle running. She was arraigned in Batavia City Court then jailed without bail. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Timothy D. Eastridge, 41, of Chestnut Street, Batavia, is charged with: endangering the welfare of a child; unlawful possession of marijuana; and criminal possession of a weapon in the fourth degree -- previous felony conviction. Eastridge was arrested following a Child Protective Services home visit at 11:24 a.m. on March 8. Eastridge allegedly had smoked marijuana in close proximity to his children and he was allegedly found to possess a .22-caliber rifle. He was issued an appearance ticket and is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Stephanie M. Hartgrove, 30, of Chestnut Street, Batavia, is charged with endangering the welfare of a child. She was arrested at 11:24 a.m. on March 8 after a Child Protective Services investigation where Hartgrove allegedly allowed her live-in boyfriend to smoke marijuana in close proximity to "their children in common." She was issued an appearance ticker and is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

On March 10, the Le Roy Police Department arrested 22-year-old Andray P. Bair of Thorold, Ontario, Canada (inset photo) and charged him with one count each of: vehicular assault in the first degree (a Class D felony); vehicular manslaughter in the second degree (a Class D felony); driving while intoxicated and driving with a BAC of 0.08 percent or more (unclassified misdemeanors); speed not reasonable and prudent and moving from lane unsafely (violations).

The charges stem from a fatal motor-vehicle accident, which occurred on Feb. 24 at about 3:30 a.m. at the intersection of Wolcott Street and Clay Street (Route 19) in the Village of Le Roy when the vehicle Bair was driving left the roadway and struck the house at 79 Clay St.

The vehicular manslaughter charge alleges that Bair, while operating a motor vehicle and as a result of intoxication or impairment by the use of alcohol, operated a motor vehicle in a manner that caused the death of Handel Jamal Love, age 22, also of Canada, by veering his vehicle out of the driving lane and crashing it into the house.

The charge of vehicular assault alleges that Bair, while operating the motor vehicle while intoxicated and as a result of such intoxication or impairment, operated the motor vehicle in a manner that caused serious physical injury to more than one person, specifically the two passengers, Anuoluwa T. Makinwa, age 22, of Canada, and Handel Jamal Love, by veering the vehicle out of the driving lane and crashing it into the house.

At the time of the collision, Love was pronounced dead at the scene, while Bair flown to Strong Memorial Hospital by Mercy Flight and Makinwa was transported by ground ambulance to Strong Hospital.

Bair was released from the hospital on March 10 and arrested and arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $25,000 cash/$50,000 bond.

Makinwa was transferred from Strong Hospital to a Canadian hospital for continued medical treatment.

The Le Roy Police Department was assisted at the scene by the Le Roy Fire Department, Le Roy Ambulance Service, Caledonia ambulance, Mercy Flight Ground Ambulance and Helicopter, New York State Police Crash Management, Genesee County Sheriff's Office, Genesee County Coroner and the Genesee County District Attorney's Office.

     Shane Zimblis

Shane Zimblis, 48, of South Swan Street, Batavia, turned himself into the Batavia Police Department on March 9 on a warrant out of Batavia City Court. He is accused of damaging property belonging to another person and causing injury to another person by use of a baseball bat at 12:15 p.m. Feb. 19 on South Swan Street, Batavia. He is in GC Jail charged with: second-degree harassment; fourth-degree criminal mischief; second-degree assault -- injury with a weapon; and criminal possession of a weapon with intent to use. The case was handled by Batavia Police OfficerJason Ivison.

A 17-year-old male who lives on Ellicott Avenue in Batavia is charged with endangering the welfare of a child. He was arrested on March 9 for allegedly hitting an 11-year-old male with a piece of wood, causing physical injury. The incident occurred on Maltby Road in Oakfield at 3:20 p.m. on Feb. 28. He is due in Oakfield Town Court at 6 o'clock this evening (March 11). The case was investigated by Genesee County Sheriff's Deputy Mathew Clor.

Monica Jane White, 20, of Sunset Park, Oakfield, is charged with issuing a bad check. On March 8, following the investigation of a bad check, White was arrested, issued an appearance ticket, and is due in Town of Oakfield Court at 6 p.m. on March 25. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. John Baiocco.

Douglas Antwon Spencer IV, 37, of Park Road, Batavia, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; open container; and unlicensed operation. Spencer was arrested on Park Road after being found sitting in his vehicle in the middle of the GC Sheriff's Office parking lot entrance with an open container, allegedly driving while intoxicated. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Sgt. John Baiocco.

Woodrow C. Horseman, 42, of Porter Avenue, Batavia, is charged with petit larceny. On March 8, Batavia police responded to Tops Market in Batavia for a reported larceny. Responding patrols located the suspect on West Main Street and Woodrow Road. He allegedly stole three alcoholic drinks. Horseman was issued an appearance ticket and is due in Batavia City Court on March 12. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Benjamin Jacob Skubis, 24, of Colby Road, Darien, is charged with third-degree bail jumping. Skubis voluntarily turned himself into Alabama Town Court on March 7. He was due there for an unspecified incident on June 7. He was released on his own recognizance and is to reappear in Alabama Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Thomas Sanfratello.

Joseph W. Freeman, 34, no address noted, is charged with failure to appear. He was arrested Feb. 27 on a bench warrant issued Jan. 31 for an unspecified incident. Freeman was released on his own recognizance was due to return to Batavia City Court on March 5. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Frank Klimjack.

Karaya D. Cummings, age 29, Black female 5’4” 130 lbs., black hair brown eyes, LKA Griffith Street Rochester, NY

 

Bench warrant for criminal possession of a controlled substance 5^th PL 220.06-1 (Felony)  Genesee County Court DOW 10/3/18

Antonio J. Goodson, age 28, Black male, 6’2” 155 lbs., black hair brown eyes, LKA Wood Street Batavia, NY

 

Bench warrant for criminal contempt 1^st  PL 215.50-3 (Felony) Genesee County Court DOW 2/15/19

Robert J. Moulthrop, age 51, White male, 5’11” 170 lbs, bald with hazel eyes, LKA Alexander Street, Rochester, NY

 

Bench warrant for DWI/Drove W/.08% BAC or more VTL 1192-2,3 (Misdemeanor) Byron Town Court DOW 2/12/18

 

 

Donald H. Piechocki, age 54, White male, 5’11” 150 lbs., brown hair blue eyes, LKA Cattle Drive Kissimmee, FL

 

Arrest warrant for DWI/Drove W/.08% BAC or more VTL 1192-2,3 (misdemeanor) Alexander Town Court DOW 10/11/05

Ramon A. Quinones  AKA Casilla R. Quinones, age 24 Hispanic male, 5’6” 150 lbs., black hair brown eyes, LKA 8170 Batavia-Stafford TL Road Batavia, NY

 

Bench warrant for petit larceny PL 155.25 (misdemeanor) Batavia Town Court DOW 2/9/16

 

Arrest warrant for bail jumping 3^rd PL 215.55 (misdemeanor) Batavia Town Court DOW 10/26/17

Scott E. Staubitz,  age 37, White male blond hair, hazel eyes, 5’10” 170 lbs., LKA Union Road, Cheektowaga, NY

 

Bench warrant for criminal possession of a controlled substance 7^th PL 220.03 (Misdemeanor) Darien Town Court DOW 10/18/18

 

Arrest warrant for bail jumping 3^rd PL 215.55 (misdemeanor) Darien Town Court DOW 12/4/18

 

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

Axel E. Antongiorgi-Colon, 32, of Prospect Street, Lockport, is charged with second-degree criminal mischief. On Dec. 8 at 10 p.m. on Main Road in Pembroke, the defendant allegedly damaged a vehicle in the parking lot of his ex-girlfriend's residence. He is due in Pembroke Town Court on March 21 to answer the charge. The case was handled by Genesee County Sheriff's Investigator Christopher Parker, assisted by Deputy David Moore.

Cynthia H. Owens, 43, of Rochester Street, Bergen, was arrested on March 4 on three separate outstanding bench warrants out of Batavia City Court. She was also charged with three separate counts of third-degree bail jumping. Owens was arraigned in city court then jailed with bail set at $5,000 cash or bond on each warrant. She was due back in city court on March 7. The case was handled by Batavia Police Officer Nicole McGinnis.

Nicole M. Albrecht, 35, Pleasant Street, Le Roy, is charged with petit larceny. She was arrested for allegedly stealing a television from Target at 1:27 p.m. on Feb. 8. She is due in Batavia Town Court at 1 p.m. on March 14 to answer the charge. The case was handled by Genesee County Sheriff's Investigator Christopher Parker.

Douglas Mitchell Smith, 39, of Tara Drive, High Point, N.C., is charged with aggravated unlicensed operation of a motor vehicle in the third degree. Smith was arrested on a bench warrant out of Town of Alabama Court after he failed to answer a summons to appear in court Jan. 31 for allegedly operating a motor vehicle while his privilege was suspended in New York. He was arraigned on March 7 and sentenced to time served. He is to reappear in Alabama Town Court on Oct. 3 to pay his fines and surcharges. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Zachary G. Garigen-Johnstone, 22, or Birch Circle, Rochester, is charged with unlawful possession of marijuana, running a red light, unregistered motor vehicle and uninspected motor vehicle. Garigen-Johnstone was stopped at 12:44 a.m. on East Main Street in Batavia for a traffic violation. Upon further investigation, he was allegedly found to have a grinder containing marijuana and a marijuana pipe. He was processed roadside and issued three traffic tickets. He was released on an appearance ticket and is due in Batavia City Court to answer the unlawful marijuana charge on March 26. The case was handled by Batavia Police Officer Miah Stevens, assisted by Jason Davis.

Joshua Patrick Johnson, 21, of Redfield Parkway, Batavia, is charged with unlawful possession of marijuana and a window tint violation. He was arrested following a traffic stop at 9:42 p.m. March 2 on Lewiston Road in Batavia. He was released on an appearance ticket and in due in Town of Batavia Court on March 18. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Michael Lute.

      Quinton Spinks
      (2010 photo)

Quinton L. Spinks, 33, thanked Judge Charles Zambito in County Court today for the state prison time he was about to receive on a drug-dealing conviction.

"I would like to say first, I apologize to my family and to the community for my actions," Spinks said. "I would also like to thank you for this time because I was out there hurting myself and hurting my family. I appreciate the time to rehabilitate myself and get my life back on the right path and back to doing the right thing."

Under the terms of a plea agreement reached in April, when Spinks admitted selling drugs to agents of the Local Drug Task Force, his sentence was capped at two years in state prison. Zambito said he was bound by that agreement and handed down that sentence.

This will be the second stint for Spinks in state prison for selling drugs in Genesee County. He was arrested in 2010 and committed in 2012 to two years in prison on a criminal possession of a controlled substance, 5th, conviction.

Spinks also faces federal charges in Maine, where he is named in an indictment along with several other individuals. In the federal indictment, he is named in only count one of the indictments, for conspiracy to distribute a mixture of heroin and cocaine.

As part of his sentence, Spinks must make a $200 restitution payment to Genesee County for payments he received from an agent of the Local Drug Task Force.

Ranelle E. Reuben is accused of driving while intoxicated, a Class D felony. It is alleged that on Dec. 18 she drove a 2010 Dodge on Route 5, Route 98 and Batavia-Elba Townline Road while intoxicated. In count two, she is accused of aggravated DWI, per se, for having a BAC of .18 percent or more at the time. In count three, she is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while her driver's license was suspended or revoked and while she was intoxicated. In count four, she is again accused of aggravated unlicensed operation -- for driving without a license while knowing it was withdrawn because she refused to submit to a chemical test, and while she was under the influence of alcohol or a drug. In count five, the defendant is accused of circumvention of an interlock device for driving a vehicle which was not equipped with a court-ordered ignition interlock device. In count six, Reuben is accused of following too closely in violation of vehicle and traffic law. It is alleged in count six that Reuben followed another vehicle more closely than was reasonable and prudent, in regard to speed, traffic and roadway conditions. In Special Information filed by the District Attorney, Reuben is accused of having been convicted of DWI as a Class E felony on Dec. 20 2012 in Genesee County Court. That conviction forms the basis for the suspension or revocation referred to in count three of the current indictment; and she knew or had reason to know about the 2012 conviction and the subsequent loss of her driver's license.

Rodney S. Schwartz is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 25 in the Town of Alexander that Schwartz drove a 2014 Ford on Route 20 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day without a driver's license, which had been suspended or revoked. In count three, Schwartz is accused of second-degree obstruction of governmental administration, a Class A misdemeanor. It is alleged in count three that he intentionally obstructed, impaired or perverted the administration of law or other governmental function by means of intimidation, physical force or interference, or by any independently unlawful act. In Special Information filed by the District Attorney, Schwartz is accused of having been convicted of DWI, as a Class E felony, on April 16, 2010 in Supreme Court, City of Buffalo, Erie County and that conviction forms the basis of the suspension or revocation referenced in the current indictment.

Trisha A. Park is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on Nov. 30 in the Town of Le Roy that Park drove a 2012 Chevrolet on Wolcott Street while her ability to do so was impaired by the use of a drug and while a child 15 years of age or less was a passenger. In count two, she is accused of driving while ability impaired by drugs, as a misdemeanor. In count three, she is accused of endangering the welfare of a child by knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

A woman has been struck by a vehicle on Judge Road and police are in pursuit of the vehicle.

The pursuit apparently started in Orleans County before the woman was struck.

Alabama fire and Mercy EMS are responding to Judge Road.

The vehicle has reportedly returned to Orleans County. Genesee County units are not pursuing the vehicle into Orleans County but have advised patrols in Orleans County of its location.

No word on whether the woman struck suffered serious or non-serious injuries.

UPDATE 11:47 p.m.: Dispatchers are checking on the availability of Mercy Flight.

UPDATE 11:50 p.m.: Orleans patrols lost sight of the vehicle.

UPDATE 11:59 p.m.: The vehicle has apparently been located. Genesee County units told they can stand down. Report from the accident scene, Mercy Flight can stand down.

UPDATE 12:47 a.m.: The vehicle was impounded by State Police and the woman was transported to ECMC.

Brian Wilson, 30, no address noted, of Corfu, was arrested on two counts of reckless endangerment after deputies say he was driving in wintry conditions without his headlights on. Wayne County Sheriff's deputies said he drove without headlights in two separate incidents on Route 104 and Lake Avenue in Williamson early this morning in the predawn hours (March 4). Deputies allege he was driving at a high rate of speed on Lake Avenue. Both of those incidents, deputies say, took place before sunrise and during snowy weather conditions, with roads covered in snow. Wilson was put in Wayne County Jail on $250 cash or $500 bond.

Armando M. Teruel, 35, of Black Spruce Court, Amherst, is charged with second-degree contempt. He was arrested on Feb. 25 on a Batavia City Court warrant. He is accused of violating a stay away order of protection that was issued on May 13 by contacting the protected party. He was released on his own recognizance. The case was handled by Batavia Police Officer Jason Ivison.

Spencer Alan Luthart, 22, of Mill Street, Middleport, is charged with: driving while intoxicated -- first offense; DWI with a BAC of .08 percent or more; unlawful possession of marijuana; operating a motor vehicle without an inspection certificate. Luthart was arrested at 1:32 a.m. on March 3 on Wolcott Street in Le Roy after he was stopped for alleged traffic and vehicle violations. He was issued an appearance ticket and is due in Le Roy Town Court on April 11. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Jenna Ferrando.

Aiken R. Ahdeosun, 20, of Ellicott Avenue, Batavia, was arrested March 1 by Batavia police after he was spotted walking on Thorpe Street. He had a bench warrant out of Batavia City Court for failure to appear on a charge of petit larceny that occurred at 1:30 p.m. on Jan. 18 at the M&T Express Mart at 100 W. Main St. in Batavia. He was also charged with bail jumping back in September for failing to appear in court on another matter in August. After his arraignment, he was jailed in lieu of $5,000 cash or $10,000 bond. He was due to return to city court today (March 4). The cases were handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Stephen Quider.

Joseph W. Freeman, 34, no address provided, is charged with petit larceny. He was arrested at 10:27 a.m. on Feb. 27 at Tops Market in Batavia after allegedly shoplifting. He was arraigned in Batavia City Court and found to have a bench warrant issued Jan. 31 for failure to appear concerning an unspecified incident. After arraignment, he was jailed in lieu of bail and is due in city court on Tuesday (March 5). The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Frank Klimjack.

County patrols have been told to be on the lookout for a 2007 blue Hyundai Sonata​ that was reported stolen at about 12:30 p.m. from the parking lot of Walmart.

The driver who left in the vehicle is described as a white male, late 40s or early 50s, wearing a white jacket.

The vehicle was last seen southbound on Route 63.