crime

Daphne Sundown, of Basom, was arrested on Nov. 24 and charged with aggravated DWI -- with a BAC of .18 percent or greater, and criminal possession of a controlled substance in the seventh degree. Troopers responded to a report of a vehicle accident on Greiner Road at the intersection of Goodrich Road in Clarence. Investigation revealed that she rear-ended another vehicle that was stopped at the light. Sundown subsequently allegedly failed field sobriety tests. During a search a small amount of cocaine was found on Sundown and in the vehicle. She was released with a return court date in Clarence.

Isaiah P. Petty, 21, of Van Schoick Avenue, Albany, is charged with unlawful possession of marijuana and drinking alcohol in the motor vehicle on a highway. Petty was arrested at 3:30 a.m. on Nov. 24 on Main Street in Batavia following a traffic stop. Petty was issued an appearance ticket and is due in City of Batavia Court on Dec. 18. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

  Samuel Blackshear

The attorney for the teenager accused of shooting murderer Nathaniel Wilson in the leg on May 17 on Central Avenue reached an 11th-hour plea agreement with District Attorney Lawrence Friedman today, saving his client a trial on felony assault charges. 

Jury selection was scheduled to begin today for Samuel Blackshear, 17, who was indicted by a grand jury on counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree.

Today, Blackshear entered a guilty plea to one count of criminal possession of a weapon with the understanding that he could be granted youthful offender status, which could mean probation or a 1 1/3 to four-year prison term, but if he isn't granted YO he faces at least three and a half years in state prison.

Whether Blackshear is declared a youthful offender will be entirely up to Judge Charles Zambito, who will issue his decision at Blackshear's sentencing at 2:30 p.m., Jan. 23, and Zambito, given the severity of the criminal possession of a weapon charge, can only reach that conclusion if he's convinced there were mitigating circumstances to justify Blackshear's possession of a loaded handgun.

Blackshear did not have a license to possess a handgun and at 17; he's too young to obtain a license to possess a loaded handgun.

His attorney, James Hinman, of Webster, will argue, he said, that there was justification, the mitigating circumstances necessary for Zambito to reach that conclusion.

Outside of court, Hinman explained that the video obtained from the pole camera placed by Batavia PD on Central Avenue just a day before the incident shows Wilson stabbing 41-year-old Terry J. Toote twice (Friedman said Toote was only stabbed once), killing him, and after dropping the knife, Wilson picks it up, walks into the middle of Central Avenue and starts approaching three other people in the street.

Toote, according to Hinman, is Blackshear's uncle. Friedman said he doesn't believe that is accurate.

"The video clearly shows (Wilson) threatening those other three people with that knife," Hinman said. "That is clearly, to me, a circumstance under which using deadly physical force to defend someone else is permitted under the law."

If the case had gone to trial, Hinman was expected to argue that Blackshear was justified in shooting Wilson but that only would have been a defense on the assault charge and the criminal possession of a weapon with intent to harm another person charge.

As Friedman explained after the hearing, "As you heard the defense attorney say, they were going to raise a justification defense, defense of yourself for others, and that would address the attempted assault first, the assault second, and also the one weapon possession charge that requires intent to use unlawfully, because if you are justified in the use then it wouldn't be unlawful use. But he realized that there was no defense to the possession of a loaded firearm outside of your home or place of business."

Wilson and Blackshear were two of the three defendants taken into custody after the May 17 incident. Also arrested was Jennifer Urvizu-Hanlon, 48, a Batavia businesswoman who owned a Mexican grocery store in the Valu Plaza.

Urvizu-Hanlon is accused of giving her licensed handgun to Blackshear at the Central Avenue scene.

She is charged with two counts of criminal possession of a weapon in the second degree, both Class C violent felonies.

Her attorney, Christian Kennedy, has indicated at previous court appearances on her behalf that he also intends to raise the justification defense if the case goes to trial.

Hinman thinks that in defending his client he could easily have convinced a jury that Blackshear was justified in shooting Wilson.

"All I would really need to have done is play the video, identify who Mr. Wilson is, who's Sammy, and that should have been the end of it," Hinman said.

Friedman said what Blackshear pled guilty to was actually one of the more serious charges of the indictment. 

"It's a Class C violent felony," Friedman said.

If Blackshear fails to abide by the terms of his release on bail while awaiting sentencing he could lose his chance for youthful offender status and the maximum prison term for the charge is 15 years in prison.

Friedman said he couldn't discuss whether at this point whether he will support, oppose, or be neutral on Blackshear's application for youthful offender status.

So far, Friedman said, he's satisfied with the outcomes of the prosecutions in the Central Avenue cases.

"We have taken care of two of the three defendants and I obviously feel they were appropriate dispositions," Friedman said. "As you know Nathaniel Wilson pled guilty to murder and got 20 to life."

CORRECTIONS: We corrected the sentencing options for Blackshear to include that he may still receive a prison sentence even if declared a Youthful Offender and that if YO is not granted the minimum term is 3 1/2 years.  We corrected the first name for Terry Toote. While Mr. Hinman said that Mr. Toote was stabbed twice, Mr. Friedman says he was only stabbed once. On two occasions, Mr. Hinman has referred to Mr. Toote and Mr. Blackshear's uncle, Mr. Friedman said he doesn't believe that's accurate.

Previously:

• One victim dies; Gunshot victim reported on Pringle and Central avenue in the city
• Man charged with murder in stabbing death on Central Avenue
• Local business owner accused of giving gun to 17-year-old who allegedly shot man on Central Avenue
• Man accused of murder on Central Avenue arrested previously in knife attack in Batavia
• DA: Dispute on Central Avenue that led to death of Batavia man was brewing
• Central Avenue murder suspect denied bail, shooting suspect's bail set at $100K, alleged gun provider is $50,000
• Central Avenue murderer sentenced to at least 20 years in prison
• Shooting at murder scene was to protect other people, defense attorney suggests during hearing
• Attorney for Urvizu-Hanlon attempting to suppress statements she may have made to police

      Todd Englerth        Philip Serverino

A Stafford man was arrested Tuesday after allegedly struggling with a Le Roy police officer and leading him on a chase behind the Tops Market at 128 W. Main St., Le Roy.

Todd M. Englerth, 46, criminal possession of a weapon, 3rd, criminal possession of a control substance, 7th, obstructing governmental administration, 2nd, assault 3rd, and resisting arrest.

The incident began at 1:50 p.m. when the police officer spotted a white Ford pickup parked in the fire lane, a no parking zone, in front of the store.

Englerth was reportedly sitting in the passenger seat when the officer approached. The passenger told the officer that the driver, whom he identified as Phillip J. Severino, of Corfu, was in the store. 

According to the officer, during the interview, he observed brass knuckles in the armrest of the pickup in plain view.

When Severino came out of the store, the officer interviewed both Severino and Englehart in an attempt to determine who owned the brass knuckles.

During the investigation, the officer discovered Severino was allegedly in possession of a loaded handgun. Severino was detained and placed in the officer's patrol car.

The officer then attempted to detain Englerth, who allegedly refused to comply with the officer's verbal commands and then physically resisted.

The officer informed Englerth he was under arrest and Englerth allegedly continued to resist.

Multiple citizens attempted to assist the officer in restraining Englerth, according to Le Roy PD's report on the incident. 

Englerth reportedly broke free and ran.

The officer gave chase and he shot his taser at Englerth but with no effect.

Englerth reportedly ran into the woods behind the store. There was another struggle and the officer deployed his taser again, this time with effect.

Englerth was taken into custody as a result.

During the investigation, Englerth was allegedly found in possession of cocaine. 

The DEC's K-9 assisted in the investigation.

Severino and Englerth were arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Severino, 42, was charged with criminal possession of a weapon, 3rd.

Le Roy PD was assisted by the Sherif's Office and State Police.

Le Roy PD also thanked the citizens who attempted to assist at the scene.

Julie Marie Neale, 37, of Alexander Road, Alexander, is charged with: driving while ability impaired by drugs; driver's view obstructed, uninspected motor vehicle, and failure to keep right. At 2:20 p.m. on Nov. 16, Neale was stopped on Oak Street in the City of Batavia following the observation of vehicle and traffic violations. Upon investigation, it was determined that Neale was allegedly operating her vehicle while her ability to do so was impaired by drugs. She was processed at the jail and released on appearance tickets and is due in Batavia City Court on Nov. 27. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Dave W. Case, 60, of Corfu, was arrested Nov. 20 and charged with unlawful possession of marijuana, consumption of alcohol in a motor vehicle, inadequate headlamps, and unsafe tires. He was arrested on Route 354 at Burrough Road in the Town of Bennington by Wyoming County Sheriff's Sgt. Colin Reagan following a traffic stop because a headlight was out. He was released to a family member and is due in Town of Bennington Court on Dec.17 to answer the charges.

 Constantine Murrell

Carjacking suspect Constantine Murrell, 35, a parolee from Rochester, entered a not-guilty plea at his arraignment today in Genesee County Court on counts of second-degree robbery and second-degree assault.

Murrell is accused of forcibly taking a car from a woman at the Kwik Fill, 99 Jackson St., Batavia, on Sept. 25.

He is also charged with reckless driving and unlawful fleeing a police officer.

After allegedly stealing the sedan, Murrell is accused leading police on a chase through city streets that reached 65 mph.

The chase came to an end when the stolen vehicle struck another car at Redfield Parkway and Richmond Avenue, which caused it to careen into a tree and the recently installed sign at the entrance of VA Medical Center.

The car then caught on fire.

The woman who had been driving the car was not physically injured.

Murrell was released from prison in April after serving an eight-year sentence for a 2010 kidnapping conviction in Rochester. He also has a previous drug conviction.

He reportedly told police after his arrest that he didn't know how he wound up in Batavia on Sept. 25. He said he had gotten into a truck with a man he didn't know in Rochester to do the drug K-2 and that the man left him in Batavia. He told police he panicked and just wanted to get back to Rochester.

“(I) couldn’t figure out how I would do it," Murrell is quoted in a court document as telling police. "I was at the gas station and saw an old lady in a white car at the gas pumps. I figured that it would be pretty easy to scare her and take her car.”

Judge Charles Zambito reaffirmed Murrell's bail status. He is being held without the possibility of bail. He will reappear in County Court on Jan. 23 for a hearing on pretrial motions.

There was no discussion of any potential plea offer.

The Batavian's news partner, 13WHAM contributed to this story.

Jason Eric Jones, 44, of Tracy Avenue, Batavia, is charged with introducing dangerous contraband into prison in the first degree and criminal possession of a controlled substance. Following an investigation at the GC Jail. Jones was arrested on the charges. It is alleged that while being in custody at the jail that he smuggled drugs into the facility with the intent to use them while incarcerated. He was arraigned in City Court, put in jail, and is due back in court at a later date. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Matthew Burgett.

Anthony James Demmer, 23, of Towne Place, Alabama, is charged with: DWI; operating a motor vehicle with a BAC of .08 percent or more; unsafe backing; and unlawful possession of marijuana. On Nov. 16 at 6:53  p.m., deputies responded to the 7-Elevent Store in Oakfield for a two-car property damage accident. Following an investigation, Demmer was arrested. He was issued appearance tickets and is due in Oakfield Town Court on Dec. 17. The case was handled by Genesee County Sheriff's deputies Erik Andre and John Baiocco.

Nicholas J. Barr, 36 of Hilton, was arrested at 10:15 a.m. on Nov. 16 by troopers of out the State Police barracks in Batavia and charged with: unlawful possession of marijuana; criminal possession of a controlled substance, 7th; aggravated unlicensed operation, 2nd; along with other vehicle and traffic infractions. Troopers stopped Barr on East Main Road in the Town of Le Roy for having an uninspected motor vehicle. While interviewing Barr the odor of marijuana was allegedly present. Barr was allegedly found to be in possession of marijuana in addition to several canisters of THC oil. Further investigation also revealed Barr was operating with a suspended New York State driver's license. Barr was arrested and transported to SP Batavia for processing. He was arraigned at the Town of Le Roy Court and put in Genesee County Jail in lieu of $750 cash/$3,000 bond.

Cassandra Joy Barto, 22, of Dodgeson Road, Alexander, is charged with unlawful possession of marijuana and having an obstructed driver's view. On Nov. 18 at 11:40 a.m., deputies stopped Barto's vehicle on Veterans Memorial Drive for vehicle and traffic law violations. She was arrested and issued appearance tickets for Town of Batavia Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Local law enforcement is backing a new proposed county law to more tightly regulate pawnbrokers but the draft legislation may have a spill-over impact on other local businesses.

At least one county legislator, Andrew Young, is opposed to passing the new law.

A public hearing on the proposed law has been set for 5:30 p.m. on Dec. 12 in the Old County Courthouse. (Download PDF of proposed local law).

The purpose of the law is to help local law enforcement find stolen property, recover stolen property, and apprehend the criminals who pilfer other people's property. 

“Basically, our interest in doing this is an interest in not only being able to prosecute people who steal this property and take it to pawn shops to be sold, but also making it possible to make things right for victims of these burglaries," said District Attorney Lawrence Friedman, who drafted the proposed law at the request of Sheriff's Office.

Friedman, as well as Undersheriff Gregory Walker and Chief Deputy Jerome Brewster, were clear however, there's really only one business in Genesee County that is the target of the law and that is Pawn King, 4140 Veterans Memorial Drive.

"I worked with Jerry from the start five years ago," Friedman said. "The request came from local law enforcement because of a problem primarily with residential burglaries and that proceeds from these burglaries were primarily going to pawn shops and primarily one local pawn shop," Friedman told members of the Public Service Committee at a meeting Monday.

The Legislature considered a similar law five years ago but after opposition from scrap metal dealers at a public hearing, where they raised concerns about the logistical difficulty in tracking where scrap metal came from, the proposed law lost support among legislators.

County Attorney Kevin Earl has modified the bill to remove regulation of scrap metal dealers.

During his presentation in support of the proposed law, Friedman recalled two recent incidents he said illustrates the need for the law.

If you read the local news, Friedman told legislators, you know about a recent incident where a suspect pulled into the driveway of County Manager Jay Gsell and allegedly threw a stolen gun from the car. That case is linked, Friedman said, to a recent string of burglaries in the area and one of the suspects allegedly used a fake ID to pawn stolen items at Pawn King.

"That's a big problem," Friedman said. "That's one example of something that goes on here on a regular basis."

Friedman also said the assistant district attorney for the Town of Batavia Court recently took an affidavit from a witness who said he saw a person wheel an entire shopping cart full of merchandise from Walmart to Pawn King across the street and pawn all of the items.

"That's the kind of thing we're dealing with," Friedman said.

Brewster said the proposed law would make his job, and the job of all local criminal investigators, easier.

"It will make it harder to get away with illegal activity and make it easier to prosecute those who are breaking the law," Brewster said.

Friedman said when he wrote the law five years ago, he patterned it after a law already passed in Monroe County as well as ones in other jurisdictions.

There are similar other laws in other jurisdictions, including other states, and some of them have run into legal challenges over the implication in the laws of warrantless searches, which violate the Fourth Amendment.

Under the terms of these laws, including the law proposed in Genesee County, police officers can enter the place of business of a secondhand dealer without notice and inspect the property and demand to inspect the mandated records kept by the business.

In California, GameStop is suing over a pawn shop law.

In this law journal article, the author says that in New York, courts have found, specifically in People v. Keta, that the state has a greater interest in stopping chop shops from trafficking in stolen parts than chop shop owners have a right to privacy. The Supreme Court has ruled that records inspections of closely regulated businesses, which includes pawn shops, are permissible.

However, Onondaga County paid a $15,000 settlement in 2015 after a court ruled his business was the victim of a warrantless search under that county's pawn shop law. Also in New York, a New York City law that required law enforcement inspections of pawn shop records was struck down by a judge there.

Last night, The Batavian emailed Friedman and Earl and asked them how these New York cases, which are more relevant than cases in other states, differ from the proposed local law and we haven't received a response.

Young said Cattaraugus County passed a similar law and later repealed it. We couldn't find any news coverage of such a repeal, but we did find a story about the City of Salamanca deciding to repeal its pawn shop law after local antique dealers objected to the law.

While the proposed law does target pawn shops, the definition of secondhand dealers includes any business, with a couple of exceptions, that acquires previously used items for the purpose of resale to the public.

This would seem to include antique dealers, junk dealers, non-charitable thrift stores and secondhand shops, and used record stores.

Exceptions are written into the law for clothing and books but no other items.

Jewelry stores and coin dealers with sales of less than 15 percent of sales from used items are also exempt from the law. Also exempt, antique dealers who sell exclusively at trade shows and licensed auctioneers.

The law also covers the resale of gift cards. This seems to apply to the resale of gift cards from other businesses, which is common in local businesses, such as Tops Market, Walmart, and Target, as well as The Batavian.

Earl told legislators those type of gift cards, even though they are acquired from the issuer for resale to a third party, are not covered by the law.

He quoted from Section 2, paragraph F:

"Secondhand Article" means any article or object, with the exception of clothing and books, that has previously been bought or sold at retail and/or which has been previously used and/or is not in a new condition.  This shall include any “gift card” .... 

Earl argued that the law only covers gift cards that are considered "used" even though once a gift card is used, it loses its value.

The purpose of including gift cards is to deal with criminals who shoplift from stores such as Walmart and then return the items. Since they don't have a receipt, they are given a gift card. Brewster said, for example, they might get a $100 gift card and then walk over to Pawn King and sell it for $50.

When questioned after the meeting about clarity on the gift card provision, Friedman reiterated it was not the intention of the law to cover gift cards sold by The Batavian or retail outlets such as Tops. He said it would be up to the Legislature to refine the law if they thought such clarity was necessary.

"I guess what I'm going to say is we drafted it as we thought was appropriate," Freidman said. "This is not the end. You know there's going to be a public hearing and everyone is going to have an opportunity to be heard about that. And presumably, there could be further refinements made to it just like we did after the last public hearing."

The law as proposed requires secondhand dealers to acquire a license. There is a $150 annual fee for the license. Licenses could be denied to anybody with a criminal conviction and potentially to businesses with employees who have criminal convictions for property crimes.

Secondhand dealers would be required to keep written records of all transactions -- both buying and selling -- in their shops as well as enter data into LeadsOnline, a private business that law enforcement can contract with to track the acquisition of used merchandise by dealers. LeadsOnline is free to participating businesses.

Dealers would be required to obtain photo identification of every person, and make a photocopy of the ID, of every seller or buyer of merchandise.

Section 12, paragraph B:

Prior to acquiring or disposing of any secondhand article covered by this local law, every Secondhand Dealer shall request Identification from the seller or purchaser and shall verify the identity of such individual by comparing the individual to the photographic image contained on said Identification. The Secondhand Dealer shall record the individual’s name, date of birth and address (or current address if different than that listed on the Identification), and the Identification number (e.g., motorist ID number) listed on the Identification. The Secondhand Dealer shall make a photocopy of the front of the Identification.

Failure to comply with the law is a Class B misdemeanor.

The law also covered dealers who transact business online, such as eBay resellers, if they're based in Genesee County.

It's not clear how online retailers would comply with the requirement to obtain a physical ID of buyers and sellers.

License dealers must also allow local law enforcement and code enforcement to inspect their place of business prior to receiving a license and at any time upon request once the license is issued.

Young made the point that many Web-based businesses operate out of the owners' homes and he asked if such owners would be expected to make their homes subject to inspection by law enforcement.

None of the advocates for the law provided an answer to the question.

Young compared the law to code enforcement and health inspection laws, which usually involve an appointment with the inspector.

"Not only is an appointment made," Young said, "the consequences are you're not serving the lunch next day. In this case, you go to jail."

Earl said, as a Class B misdemeanor, there is no jail term. It's more like a traffic ticket.

The proposed law was first discussed in the Public Service Committee. Young is not a member of the Public Service Committee but he was given an opportunity to voice his concerns.

The Public Service Committee unanimously recommended approving a public hearing on the proposed law.

The Ways and Means Committee met immediately after the first meeting. Young does serve on that committee and Ways and Means was also asked to vote on approval of a public hearing.

Young again raised objections to the proposed law, which prompted another discussion.

There isn't a need for the law, Young suggested, because Pawn King is already entering its transactions in LeadsOnline. Young said he spoke with the manager of the local Pawn King.

"It’s not true," Walker said. "He may say that but he’s not doing it."

During Public Service, Friedman hinted but didn't outright say, that Pawn King conducts some transactions after regular business hours.

Young voted no to send the proposed law to a public hearing. He thinks the bill should go back to the lawyers to clarify key points.

"There are too many unanswered questions," he said.

Chairwoman Marianne Clattenburg suggested that the bill could go to public hearing and the Legislature could then better determine how to amend the law after hearing from the public.

Ways and Means approved sending the proposed law to a public hearing on a 4-1 vote.

Much of Young's objection to the proposed law is that it creates a new regulatory scheme for businesses, which he thinks runs counter to the county's effort to try and attract new business.

"This is an unprecedented law in this county," Young said. "In this county, we don't have too many local laws and they've usually been reserved for things that are really important. Monroe County has a different governing body and they think differently than ours, but we're taking one of their laws and making it even more restrictive."

Young argued that the problem in Genesee County doesn't rise to the level of passing new laws.

Friedman said there is a pressing need for the law.

“I have to disagree with the statement that there is no problem here," Friedman said. "There is absolutely a problem here.”

Photo: Public Service Committee meeting.

A Le Roy police officer has just taken a subject in custody in the woods behind Tops Market after a struggle that included two taser deployments.

During the struggle, the officer radioed for backup. There was no backup on scene during the struggle.

"Two taser deployments and he's still fighting," the officer said at one point.

The subject is now in custody. We don't know why the subject was pursued.

Another suspect was already in custody in the officer's patrol car parked in front of Tops.

An ambulance is requested to the scene.

Backup is arriving on scene from Le Roy PD, State Police, and the Sheriff's Office.

UPDATE 2:20 p.m.: Communications for this incident have been switched to the LE Secure channel.

Malik Ayala TeeSean Ayala

A pair of brothers from Batavia are suspects in a string of burglaries in Batavia and Stafford, including one who was stopped Thursday night on Washington Avenue and allegedly found in possession of a stolen handgun. 

The handgun was allegedly taken in one of the burglaries and after the burglary, the serial number had been partially removed.

TeeSean T. Ayala, 19, of Walnut Street, Batavia, was reportedly driving the car stopped by Investigator Chris Parker on Thursday night on Washington Avenue. Parker recognized the vehicle as possibly linked to the string of burglaries.

The driver of the vehicle pulled into the driveway of a residence on Washington Avenue -- by coincidence, the home of County Manager Jay Gsell -- and somebody in the vehicle threw the handgun out the window.

The appearance of a gun prompted a multi-patrol response from local law enforcement.

Ayala, a former standout basketball player at Batavia High School, is charged with criminal possession of a weapon, 2nd, criminal possession a weapon, 3rd, unlawful possession of marijuana, and plate obstructed.

His brother, Malik Isiah Ayala, 27, of Walnut Street, Batavia, is charged with criminal possession of stolen property.

Malik Ayala is accused of being in possession of stolen property at Pawn King on Oct. 24 valued in excess of $3,000.

Chief Deputy Jerome Brewster said both arrests are the result of an investigation into burglaries that occurred in the City of Batavia, Town of Batavia, and Stafford. 

In all, at least five burglaries are believed to be connected to the same suspects, Brewster said.

TeeSean Ayala was ordered held on $15,000 bail. Malik Ayala's bail was set at $20,000 cash or $40,000 bond.

Brewster said the investigation is ongoing and additional charges are possible.

Constantine D. Murrell is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Sept. 25 at the Kwik-Fill gas station/convenience store at the intersection of Ellicott and Jackson streets in the City of Batavia that Murrell forcibly stole a 2008 automobile. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged in count two that during the commission or attempted commission of the aforementioned felony that he cause physical injury to a person. in count three, he is accused of reckless driving, a misdemeanor, for driving the 2008 vehicle in a manner that interfered with the free and proper use of the roadways and/or unreasonably endangered users of those roadways. In count four, Murrell is accused of unlawful lfeeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count four that he attempted to flee an officer, knowing that he had been directed to stop, and that his speeds equaled or exceeded 25 miles per hour above the speed limit or he engaged in reckless driving.

Dylan J. Perry is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that between Dec. 1 and Dec. 2 he knowingly entered and remained unlawfully in a building located on Broadway Road in the Town of Darien with intent to commit a crime. In count two, Perry is accused of petit larceny, a Class A misdemeanor. It is alleged in count two that Perry stole $300 in U.S. currency and a pair of work boots while inside the property on Broadway Road.

Antonio J. Goodson is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Aug. 22 in the City of Batavia that he violated a duly served order of protection by being in the presence of the protected party. In Special Information filed by the District Attorney, Goodson is accused of having been convicted of criminal contempt in the second degree, a Class A misdemeanor, on Jan. 19 in City of Rochester Court. That conviction was for a violation of a stay away family offense order of protection and was within five years of the crime alleged in the current indictment.

Thomas J. Claffey is indicted for the crime of driving while ability impaired by drugs, as a Class E felony. It is alleged that on June 18 in the Town of Stafford that he drove a 2016 Chevrolet on Route 33 while his ability to do so was impaired by use of a drug. In Special Information filed by the District Attorney's Office, Claffey is accused of having been convicted for DWI, as a misdemeanor, on July 28, 2008, in Town of Irondequoit, and that conviction was within 10 years of the crime alleged in the current indictment.

      Jennifer Serrano

The defense attorney for Jennifer Serrano, the 48-year-old woman accused of killing an 18-year-old Hinckley resident in a hit-and-run accident in Darien on Aug. 11, will be given a chance to challenge any statements obtained by police from her during the investigation that led to her arrest.

Judge Charles Zambito granted the motion today by Frank LoTempio for the hearing, known as Huntley Hearing, which is pretty standard in criminal cases.

LoTempio will be able to question the officers involved in obtaining statements from Serrano to determine whether or not her rights were violated and whether the statements were legally obtained.

Serrano was allegedly the driver of a vehicle that struck and killed Connor Lynskey after the Jason Aldean concert at Darien Lake. Lynskey and a group of people were walking on Sumner Road back to the Darien Lakes State Park, where they were camping, when he decided to run ahead to catch up with a friend. He was reported missing later that night. His body was found by a deputy the next day.

About a half-hour later, Serrano was stopped and charged with DWI but she did not mention the possible prior accident and was only connected to the accident the next day through police investigation.

At the DWI stop, where she reportedly almost hit a patrol vehicle, Serrano may have tried to talk the deputy into letter her go, according to police reports.

Serrano appeared in court shackled alongside LoTempio and co-counsel Jack Sanchez dressed in gray sweatpants and an orange sweatsuit hoodie jacket.

She is being held on $100,000 cash bail or $200,000 bond while her case heads toward a possible trial.

LoTempio also filed a supplemental motion challenging the search warrants used in the case. He had filed the motion after recently receiving copies of the warrants and the statements used to obtain them. District Attorney Lawrence Friedman will be given time to file a written response before Zambito rules on the motion.

Heidi L. Harder, 43, of Montclair Avenue, Batavia, is charged with criminal use of drug paraphernalia in the second degree and endangering the welfare of a child less than 17. Harder was arrested following an investigation into the report of drug activity being conducted in the presence of a child and forcing that child to smoke marijuana. The incident allegedly occurred at 6 p.m. on Sept. 9 on Montclair Avenue. Harder was arraigned in Batavia City Court on Nov. 13. The case was investigated by Batavia Police Officer Jason Ivison.

Robin L. Williams, 33, of Jackson Street, Batavia, and Michael L. Jackson Jr., 37, of Maple Street, Batavia, are both charged with endangering the welfare of a child. They allegedly allowed and encouraged their respective juvenile daughters to engage in a physical altercation. The incident allegedly occurred at noon on July 3 on Thorpe Street in Batavia. The adult defendants were issued appearance tickets and were due in Batavia City Court on Nov. 13. The cases were handled by Batavia Police Officer Matthew Wojtaszczyk.

Chiyannon J. Bundy, 31, of 98 Lake St., Le Roy, was arrested Nov. 11 following a reported disturbance call in the Village of Le Roy. Bundy was charged with one count each of burglary in the second degree, a Class C felony, and criminal mischief in the fourth degree, a Class A misdemeanor. It is alleged that during the disturbance, Bundy knowingly and unlawfully entered a residence with the intent of damaging property and damaged the property of another. Bundy was arraigned and released under the supervision of the Genesee Justice Program.

James E. Soggs III, 24, of North Spruce Street, Batavia, is charged with two counts of endangering the welfare of a child and criminal mischief. He was arrested at 10:15 a.m. on Nov. 11 on Thomas Avenue in Batavia after a domestic altercation at his girlfriend's residence. He was arraigned and jail on $2,500 cash or bond and was due in Batavia City Court on Nov. 12. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Arick Perkins.

Christopher A. Ridgeway Jr., 26, of Bridgewood Road, Midlothian, Va., is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; unlicensed operation; and operation without headlights. He was arrested at 1:17 a.m. on Nov. 7 on West Main Street in Batavia following a traffic stop for driving without headlights. He posted bail and was issued an appearance ticket along with several traffic tickets. He was due in Batavia City Court on Nov. 14. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Nicole McGinnis.

Andrew D. Vicary, 27, of East Main Road, Stafford, is charged with DWI, unsafe backing and following to closely. Vicary was arrested at 4:04 p.m. on Nov. 1 on East Main Street in Batavia following an investigation into a three-car accident at the intersection of East Main Street and Swan Street. He was arraigned in Batavia City Court and released on his own recognizance. He was due back in city court on Nov. 2. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Cynthia May Mack, 51, of South Swan Street, Batavia, is charged with second-degree criminal contempt. She was arrested at 10:24 a.m. Nov. 14 on South Swan Street in Batavia following a probation house check. She was allegedly found to have a house guest whom she was restricted from having any contact with due to a complete stay away order of protection. She was jailed on $2,500 cash or bond. The case was handled by Batavia Police Officer Jason Ivison.

Jessica L. Holtz, 35, of Williams Street, Batavia, is charged with petit larceny. It is alleged that she stole $3.48 worth of merchandise from Save-A-Lot. She was arrested at 7:30 p.m. on Oct. 31 and processed at Genesee County Jail. She was issued an appearance ticket and is due in Batavia City Court on Nov. 20. The case was handled by Batavia Police Officer Kevin DeFelice.

Angela Marie Torcello, 35, of West Main Street Road, Batavia, is charged with: falsifying business records in the first degree; grand larceny, 4th -- using a credit card; and petit larceny. Following an investigation of an incident that occurred on May 8, Torcello was arrested on these charges. It is alleged that she used a credit card that she stole to purchase products from a traveling vendor. She was issued an appearance ticket and is due in Town of Batavia Court on Nov. 26. The case was investigated by Genesee County Sheriff's Deputy Jeremy McClellan.

Rick Austin Drury, 21, of Judge Road, Alabama, is charged with DWI, DWI with a BAC of .08 percent or higher, and moving from lane unsafely. He was arrested following the investigation of a vehicle off the roadway on Ford Road in Elba at 3:55 a.m. on Nov. 10. He was issued an appearance ticket and is due in Elba Town Court on Dec. 19. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Mullen.

Craig Hobart Sleeman, 38, of Victor, is charged with: DWI; aggravated DWI with a BAC of .18 percent or more and no priors; unsafe turn/failure to signal; failure to keep right; and moving from lane unsafely. He was arrested at 1:48 a.m. on Nov. 11 following a traffic stop on Main Street Road in Batavia. He is due in Town of Batavia Court on Jan. 28. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Susan Michelle Rea, 45, of Sheridan Road, Bergen, is charged with DWI, refusal to take a breath test, and stopping/parking on a highway. Rea was arrested at 3:52 p.m. on Nov. 10 on Wortendyke Road near Route 33 in Batavia after she was allegedly found asleep behind the steering wheel of her vehicle. She was arraigned in Town of Batavia Court and released on her own recognizance. She is due in Batavia Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

A man who drunkenly broke into a home on Swan Street in Batavia and picked up a child in that residence said in County Court this morning that he knew he terrified the people living there and he felt horrible about it. He said he knew he deserved to go to jail.

Judge Charles Zambito sentenced Sath Paul Dhanda, 39, of Clapsaddle Road, Bethany, to eight months in jail on a conviction, based on a prior guilty plea, to charges of criminal trespass and endangering the welfare of a child.

"I don't know these people," Dhanda said. "I have never seen them. I wouldn't know them if I saw them. I feel awful about what I did. I do believe I deserve time in jail to make sure it doesn't happen again."

First Assistant District Attorney Melissa Cianfrini blamed Dhanda's conduct on his drinking. Dhanda's criminal history goes back to at least 2007, the year after he reportedly suffered a head injury, when he was charged with assault at a residence on Ellicott Street. He's been arrested numerous times since then.  

By his own account and the word of others, Dhanda once had a promising golf career, and after being released from prison on a 2011 conviction for criminal contempt, Dhanda worked as a pro at a golf course in the region.

Today's court appearance today echoed Dhanda's sentencing in 2011 when he told then Judge Robert C. Noonan, "Alcoholism has destroyed my once promising life."

Cianfrini said today, "Everytime Mr. Dhanda drinks, almost every time he drinks, it seems he winds up in legal difficulty. He needs to come to the realization that he's a person who can't consume even one drop of alcohol."

She said he was lucky he hadn't seriously injured himself or somebody else given his lack of self-control when he's drinking. For his own safety and the safety of others, she asked Zambito to give him the longest possible sentence allowed by his plea agreement."

"Ms. Cianfrini is right," Dhanda said. "Alcohol is my problem but it's not every time I drink that I get into trouble but every time I get into trouble it's because I've been drinking."

He said prior to his arrest in July he had trouble with his health insurance and had trouble getting prescription medication. He mentioned going to UMMC and getting his medication and then taking it with alcohol. He said a friend was supposed to pick him up but instead of waiting he decided to walk. He said he blacked out and didn't remember entering the residence on Swan Street.

Dhanda is a good-looking man. Tall with the athletic build of a golfer, he is the son of a once-prominent urologist in Batavia. He is also well spoken and well mannered in court.

Zambito said the probation officer who prepared his pre-sentencing report said Dhanda was his "own worst enemy."

"It's clear," Zambito said reading from the report, "the defendant could do great things with his life if he would stop drinking and doing drugs."

       Jaequele Tomlin

A trial date has been set for two men accused of running a scam on Craigslist, but there may also be a plea deal in the works for one or both of the suspects.

Jaequele M. Tomlin, 23, of Central Avenue, Batavia, and Quamane J. Santiago, 19, of Main Road, Stafford, appeared in County Court today on what was scheduled to be their plea cutoff date but with the agreement of District Attorney Lawrence Friedman and Judge Charles Zambito the plea cutoff date was extended to Nov. 19.

Tomlin's attorney, Arthur A. Duncan, said he needed more time in light of a decision on a motion handed down by Zambito.

The nature of the motion or the content of Zambito's decision was not discussed in open court.

Tomlin and Santiago are charged with conspiracy in the fourth degree.

They are accused of posting car-for-sale ads on Craigslist with the intent of robbing anybody who showed up to buy the car.

At the time of their arrest, they were allegedly found in possession of fake guns.

Tomlin faces an additional charge of criminal possession of a weapon, 3rd, for allegedly possessing a blunt-force weapon with the intention to use it against a person.

Fred Rarick, attorney for Santiago, did not indicate whether his client is considering a plea offer but Rarick agreed to the extension of the plea-cutoff date.

If no plea agreement is reached in either case, jury selection for a trial is scheduled for March 25.

"The snow should have melted by then," Zambito joked.

One of the two men arrested in connection to thefts from local liquor stores, where one man would distract the store clerk and another would enter the back room to steal cash or credit cards, admitted to his crimes today in front of County Court Judge Charles Zambito.

Edward F. Perdue, 57, walked into court dressed in a tan state prison jumpsuit with his hands and feet shackled. He seemed confused and wandered in front of the defense table at which point a state prison guard, one of his escorts, pointed to a chair on the other side of the table and told him where to sit.

Perdue was soft-spoken throughout the hearing and when Zambito asked him how he was feeling, he said, "a little depressed and down."

When Zambito asked him if he understood the proceedings, Perdue fought back tears before saying he did.

Perdue, who said he was born in Rochester, is already being held at the Mohawk Correctional Facility since his conviction in April in Monroe County on counts of third-degree burglary, criminal possession of stolen property, 4th, grand larceny, 3rd, and grand larceny, 4th. He was sentenced to three and a half to seven years in prison.

With his guilty plea today to grand larceny, 4th, for the theft of a credit card, the maximum term is two to four years.  

A year ago, Perdue participated with another suspect in a burglary of Plaza Spirits and Mr. Wine and Liquor. A cash box was stolen from the backroom of Plaza Spirts and a credit card was stolen from a purse at Mr. Wine and Liquor.

At one point, when Zambito was questioning about him about his status as a second felony offender, Perdue got a little more animated and exclaimed that he didn't steal $500 cash from Mr. Wine and Liquor.

Perdue's accomplice, Willie Dozier, previously entered a guilty plea to grand larceny, 3rd, as a second felony offender. He was sentenced in September to two to four years in state prison, to run concurrent with his sentence in Monroe County on charges stemming from similar crimes. Dozier was also ordered to pay restitution of $672.

Jennifer K. Urvizu-Hanlon

Whether certain statements Jennifer K. Urvizu-Hanlon made while in custody May 18, during the police investigation into a homicide and shooting the day before on Central Avenue in the city, can be used against her in court will be decided by Judge Charles Zambito by Jan. 4.

Urvizu-Hanlon appeared in court today for a hearing on the admissibility of those statements, called a Huntley Hearing (or a suppression hearing), and her attorney tried to use his time in court to also press for statements and notes from police that he believes his client has been wrongfully denied as he prepares to take her case to trial.

Whether Hanlon's statements can be used may come down to how Zambito views, within the scope of prior case law, two things Hanlon said during her interview with Det. Thad Mart, Batavia PD, that may indicate she had doubts about talking with police.

During the interview, she apparently said, "If I'm guilty of something I should have somebody here, I guess," and "I guess I should have somebody here" followed by "I don't have a lawyer."

A short time later she specifically asked for an attorney, at which point Mart terminated the interview and, apparently with enough evidence at that point, placed her under arrest.

Urvizu-Hanlon, the former owner of La Mexicana store on East Main Street in Batavia, is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd. She is accused of giving a handgun, which she was permitted to carry, to Samuel R. Blackshear, a 17-year-old accused of shooting Nathaniel D. Wilson Jr., who murdered Terry J. Toote with a knife on Central Avenue on May 17.

In a discussion after the hearing, with a reporter present, between defense attorney Christian Kennedy and First Assistant District Attorney Melissa Cianfrini, Kennedy said he doesn't dispute that the statements were equivocal.

Prior case law makes it clear, and Kennedy said he knew he would lose a motion on this point, because saying "I guess" or "maybe" is equivocal, whereas a statement like, "I want to speak to an attorney," or even, "I want to speak to my dad," or "I want to speak to my friend" is unequivocal and any statements made after that point to police might not be admissible at trial.

Kennedy said he will base his written motion, to be filed later, on other grounds but did not disclose what his argument will be.

Det. Kevin Czora testified today followed by Det. Mart.

Czora said police obtained a warrant to search Urvizu-Hanlon's car as part of their investigation into the crimes on Central Avenue and that her car was located and stopped in the parking lot of Valu Plaza at about 2:25 p.m., May 18. 

Urvizu-Hanlon was taken into custody for questioning and placed in the back of a police cruiser. At that point, she volunteered to an officer that there was a handgun in her car, as well as ammunition and that the gun was either on the passenger side next to the center console or in the trunk in a bag.

Czora then read her Miranda warnings (the right to an attorney, to remain silent, etc.) and she waived her rights. He then questioned her about the gun and its location.

At that point, Urvizu-Hanlon was transported to the police station where Mart questioned her.

The interview was videotaped and a DVD of that interview was placed into evidence.

Mart said Urvizu-Hanlon acknowledged that she had been read her rights and had waived those rights, agreeing to speak with him.

He said the interview started at 2:45 p.m. and terminated at 3:04 p.m. when she asked for an attorney.  

The substance of the interview, other than her two statements about maybe she should talk with somebody, was not discussed during today's hearing.

When Kennedy questioned both Czora and Mart, he tried to ask questions about their involvement in the investigation on May 17 but Cianfrini objected to that being outside the scope of a Huntley Hearing and Zambito sustained the objection.

Kennedy said he had been denied "Rosario material," which refers to material in possession of the prosecution that may have a bearing on the case.  

Zambito said Kennedy was entitled to Rosario material relevant to the Huntley Hearing (no such material was in dispute today) but statements, documents, and notes, won't become subject of a Rosario motion until trial, if there is a trial.

In 18 years of practicing law in other courts, Kennedy said, he had never been denied this material at this stage. This is a long-standing common complaint of defense attorneys in criminal cases in Genesee County Court.

The Batavian reported in September that Kennedy may be preparing a justification defense based on the idea that Blackshear and Hanlon had just witnessed Wilson murder Toote. Zambito has apparently issued a ruling limiting Kennedy's ability to use this defense. But based on today's discussion, Kennedy will present another motion and try to make the point that there is no case law that addresses this particular situation -- where the gun used was licensed and legally carried by the person who handed it over to a third party who used it.

As for the Huntley Hearing, there will be an additional written motion and argument filed by Kennedy and an opportunity for the people to answer. Zambito must also view the video of the interview. The case was put on the calendar for Jan. 4 with a written ruling from Zambito expected before that appearance.

Julia A. Hawley, 41, of Coward Road, Byron, is charged with operating a motor vehicle while ability impaired by drugs, failure to keep right, and moving from lane unsafely. Shortly after midnight on Wednesday Nov. 8, the Genesee County Emergency Dispatch Center received a call about a single-vehicle accident with injuries on Batavia-Elba Town Line Road. Investigation by the Genesee County Sheriff's Office determined Hawley was the sole occupent of the Chevrolet Silverado that left the roadway, striking a tree stump. Hawley was transported to Strong Memorial Hospital by Mercy Flight. She was allegedly impaired by drugs at the time of the accident and arrested. She was also issued citations. The accident was investigated by Deputy Andrew Mullen, assisted by Deputy Jenna Ferrando. Elba Fire Department also Mercy EMS assisted at the scene. (For previous coverage, click here.)

Shante C. Johnson, 21, of Holland Avenue, Batavia, is charged with grand larceny in the fourth degree. A complaint of a wallet and credit card stolen in September was reported to the Le Roy Police Department and investigated. Johnson was arrested on Nov. 6 and issued an appearance ticket to be in Le Roy Town Court on Dec. 3. It is alleged that Johnson stole the wallet from a fellow employee while working in the Village of Le Roy and then attempted to use a credit card from the wallet in the City of Batavia.

Miguel Hernandez-Gonzalez, 35, of East Road, Bethany, is charged with driving while intoxicated, DWI with a BAC of .08 percent or higher, and unsafe backing. Hernandez-Gonzalez was arrested following a motor-vehicle accident on East Road in Bethany at 4:42 a.m. on Nov. 3. The defendant was issued an appearance ticket and is due in Bethany Town Court on Dec. 27. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Mullen.

A caller in the Walmart parking lot reports that he was threatened because of his Trump bumper sticker.

He claims it was a threat of physical violence.

A trooper and deputy dispatched.

UPDATE 2:50 p.m.: A trooper interviewed all parties involved. No arrest. A woman with a male made an anti-Trump statement to the man with a Trump bumper sticker on his truck. He said something back. It escalated from there but didn't become physical. Both the trooper and deputy on scene couldn't recall a prior incident in the Trump Era of threats over a bumper sticker, though the trooper recalled a Trump supporter in 2016 getting slushies dumped on his car and an anti-Trump note being left.

Plush Dozier, 22, of Kelly Street, Rochester, is charged with third-degree criminal mischief and attempted menacing of a police officer. He was arrested on Nov. 5 for an incident that occurred in August in which he allegedly damaged the door in the back of a GC Sheriff's vehicle while he was being transported for a court appearance. He also allegedly attempted to menace a police officer during the same incident. He was arraigned on the new charges in Batavia City Court and is due there again on Nov. 9. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Andrew Mullen.

Justin Williams, 56, Post Avenue, Staten Island, is charged with criminal obstruction of breathing. Williams was arrested following an incident on Main Street in Oakfield at 2:58 a.m. on Nov. 5 in which he allegedly placed his hands around the neck of another person, causing them to be unable to breathe. He was arraigned in Oakfield Town Court and jailed in lieu of $2,500 cash or $5,000 bond. Williams is due back in Oakfield Town Court at 6 p.m. Nov. 5. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Lawrence W. Worsley, 38, of Ridge Road, Albion, is charged with third-degree assault. He was arrested after an investigation into a domestic incident which occurred at 1 a.m. on Nov. 2 on Vine Street in the City of Batavia. He was arraigned in Batavia City Court then jailed on $2,500 cash or $5,000 bond. He is due to return to city court on Nov. 9. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Arick Perkins.

Teshawn Anthony Lang-Smith, 22, of Pearl Street, Batavia, is charged with third-degree criminal mischief and second-degree harassment. He was arrested after a domestic incident that occurred at 3:20 p.m., Nov. 2, on Bank Street in Batavia. He allegedly damaged property belonging to another person. He was arraigned and jailed in lieu of $2,000 cash or bond and was due back in city court on Nov. 5. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Christopher Camp.

Tyanna D. Green, 23, of Walnut Street, Batavia, is charged with criminal possession of stolen property in the fourth degree, identity theft in the third degree and petit larceny.  It is alleged that at 6:13 p.m. on Sept. 11 on Highland Park in Batavia that she used a stolen debit card to make multiple ATM withdrawals. She was arrested on Nov 1 and jailed with bail. She was due back in Batavia City Court on Nov. 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

Tyrone Lee Doward Jr., 28, of North Spruce Street, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 percent or more. On Nov. 3, Doward was arrested on Lake Road in Le Roy following the investigation into a suspicious vehicle at the 490 Truck Stop in Le Roy. He was allegedly parked in the parking lot after hours when the business was closed. He was transported to GC Jail and processed, then issued appearance tickets. He is due in Town of Le Roy Court on Nov. 25. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Dennis S. Rogers Jr., 46, of Batavia, was arrested on Nov. 3 by Troopers out of SP Batavia as the result of a traffic stop on Route 5. Rogers was charged with driving while intoxicated, aggravated unlicensed operation, 3^rd, operating a vehicle without an interlock device, along with other traffic offenses after allegedly failing field sobriety tests. Rogers was issued an appearance ticket returnable to the Town of Pembroke later this month.

Riley Kristine Davis, 21, of Gilbert Road, Bergen, is charged with unlawful possession of marijuana and a muffler exhaust violation. She was arrested at 11:47 p.m. Nov. 3 on Clinton Street in Batavia after being pulled over for a muffler violation. She was released on an appearance ticket and is due in Batavia City Court on Nov. 13. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Sgt. Dan Coffey.

Joseph W. Morrow, 18, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. He was arrested on Cedar Street in Batavia at 9:05 p.m. on Nov. 5 after he was allegedly found in possession of marijuana during a traffic stop. He was issued an appearance ticket and released. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.