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Man hit with liquid in downtown parking lot was not injured

By Howard B. Owens

Police have finally been able to interview the man who had some sort of liquid sprayed or splashed on him the night of Oct. 24 in a parking lot off East Main Street by three youngsters on bicycles, said Det. Eric Hill.

The man was not injured.

Hill said police still don't know what the liquid was. The initial dispatch said the victim had gasoline sprayed on him, but Hill said the officers who responded reported no odor of gas or any other substance.

Police would still like to talk with the youths, Hill said, and are trying to locate them.

Previously: Police investigating report of man sprayed with fluid in Downtown parking lot a week ago

K9 team joins Village of Corfu PD

By Howard B. Owens

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Given the expense of buying and training police K9s, you wouldn't expect a small village like Corfu to have a K9 officer, let alone a handler with two dogs. In fact, just a couple of years ago, Corfu residents wondered if they would even keep their police force.

But a loss for one village is a gain for another.

Officer Anthony Bartucca, with 27 years experience in law enforcement and K9s "Rocco" and "King" by his side, became available to Corfu after the Village of Lyons dissolved and shut down its police department.

"We're very blessed that this situation came up," said Mayor Biggs Johnson. "It’s not a situation where we had to go out and purchase a K-9 or pay for the training. He’s already got certifications. We just have to maintain the training."

Rocco is an advanced drug-detection dog who can also perform tracking and trailing duties. King sniffs out explosives and weapons.

"Rocco will sniff out all drugs known to man, including pharmaceutical drugs, which you know is now more prevalent than street drugs," Bartucca said.

The K9 team joined the 14-officer police force five weeks ago; all are part time.

Rocco, 6 1/2 years old, is a Belgian Malinois and German shepard mix, and 2-year-old King is purebred German shepard.

Johnson thinks the team will have a region-wide impact, given Corfu's nexus at major traffic arteries -- Route 77 and Route 33. Johnson said he's concerned both about drugs and human trafficking passing through the area.

"I know we’re a small village, but because of where we are, where we’re located in close proximity to the Thruway, I think we can do quite a bit to help curb a lot of that activity," Johnson said.

Rocco was a big hit at Corfu's Halloween party last night. He was super friendly, eager to meet every person that came his way.

"He’s a big lovey until I tell him not to be," Bartucca said.

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The Village of Corfu PD has a new motto: "Serving with Honor, Integrity & Pride; Protecting with Courage." Officer Cameron Leight on the left.

Police investigating report of man sprayed with fluid in Downtown parking lot a week ago

By Howard B. Owens

A week ago, a man walking to his car in a parking lot off of East Main Street, was either splashed or sprayed with some sort of fluid by three youths riding BMX-style bicycles.

Police are investigating but have little information to share at this time.

Police were dispatched to the parking lot the night of Oct. 24 to investigate a report that a man had been sprayed with gasoline.

At Monday night's City Council meeting, during public comments, Bill Blackshear, while talking about the city's need to address some youthful misbehavior and find ways to bring the community together, referenced the incident and said the victim suffered second-degree burns.

Det. Eric Hill, Batavia PD, couldn't confirm whether the man was injured or what sort of fluid might have been involved.

"We are having difficulties getting in touch with the victim," Hill said. "That is the information we are trying to find out also."

There is another video obtained by The Batavian related to the incident that shows the youths involved more clearly so its possible the police could have identified them, but Hill said he wouldn't discuss that aspect of the case since it is an ongoing investigation (the youths appear to be under 16 years of age, so since this case is likely to be referred to Family Court if there are charges, and since there have been no charges, The Batavian has chosen not to publish that video clip at this time).

Anybody with information that may assist in the investigation may call Batavia PD at (585) 345-6350 or the Confidential Tip Line at (585) 345-6370.

Man pleads guilty in case of home improvements paid for, but work not completed

By Billie Owens

A 39-year-old former Alabama resident pled guilty to one felony and one misdemeanor this afternoon in Genesee County Court in connection with complaints about construction work paid for but not completed.

Dana Ryan, who used to live on Galloway Road but now lives on Pratt Road in Batavia, was originally charged with one count of fourth degree grand larceny in the Town of Batavia, and one in the Town of Pembroke; a misdemeanor charge of misappropriation of property is pending in Town of Batavia Court.

Under the terms agreed to today, he waived the specter of a grand jury indictment and pled guilty to a single count of grand larceny, 4th, and the pending misdemeanor property misappropriation charge.

The charges against Ryan, who completed the 11th grade, were brought in July after an investigation by the Genesee County Sheriff's Office following a complaint in Batavia and another in Pembroke. The victims told Investigator J.M. Graff, who was assisted by Deputy K.M. McCarthy, that they made payments to Ryan pursuant to construction contracts for work agreed upon but not completed.

They claimed payments made to Ryan for home-improvement contracts were not allocated into a proper account and the funds were used by the defendant for purposes other than the agreed upon work.

The Batavia native with close-cropped blond hair and a thin build, wore a black hoodie advertising a tree service company and gray jeans to court. Judge Charles Zambito asked Ryan if between Sept. 18, 2016 and May 15 he stole property in excess of $1,000 and Ryan said "Yes."

He faces maximum jail time of one-and-a-third to four years and agreed to pay total restitution of just under an estimated $9,000 to two victims -- one male and one female, who are under temporary orders of protection from Ryan until Oct. 31, 2018.

Zambito told Ryan that if he does not follow the rules, or make court appearances, or is uncooperative with the Probation Department, then he will be in trouble. Ryan can't get arrested or violate any conditions he is required to abide by, otherwise the terms of sentencing under the plea agreement are null and void; although the guilty plea would remain, the judge could impose a harsher sentence.

Genesee Justice has already notified the judge of some violations, one on Oct. 17 and another one before that, plus three assessment appointments were missed at Horizon Health Services.

Public Defender Jerry Ader told Zambito that the issue with Horizon was they had the incorrect client phone number, but that has been corrected and Ryan has an appointment with them on Monday.

"If I get one more notice I will revoke your supervision (under Genesee Justice pending sentencing) and you will go to jail (now)."

Ryan said he understood.

Sentencing is set for 2:30 p.m. on Wednesday, Jan. 3.

Bail set for Harvester Avenue woman accused of selling cocaine

By Billie Owens

Batavia resident Laurie J. Lerkins (inset photo), jailed on drug charges, was in Genesee County Court for a bail hearing this afternoon.

The 40-year-old, who lives on Harvester Avenue, is accused of selling cocaine to an agent of the Local Drug Task Force within the past eight months. She is charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Both are Class B felonies.

The District Attorney's Office sought bail of $25,000 to $50,000. Assistant DA Kevin Finnell told Judge Charles Zambito that Lerkins was "a significant flight risk."

The prosecution reminded the court that she was accused of the same charge of selling drugs 14 years ago. Finnell noted that the defendant scored only one point on her evaluation by the supervisory agency Genesee Justice, which the judge considers in making bail decisions.

Public defender Lisa M. Kroemer said her client would not be able to post bail and has only two relatives here, a brother Lerkin chooses not to communicate with, and a son.

Finnell argued that her ability to post bail was not relevant, nor was the fact that she has a small family.

The defendant's attorney relayed her client's vehement claim that she has always complied with court requirements and has always made mandatory court appearances and plans to continue doing so.

After a brief private discussion with attorneys for both sides, Zambito set Lerkins bail at $5,000 cash amd $10,000 bond.

The judge noted that Lerkins was not in a treatment program for substance abuse, which was a reason she did not score higher in the Genesee Justice report. Lerkin's attorney said her client has expressed a willingness to undergo treatment.

Hilton resident pleads guilty to weapon charge for possessing high capacity magazine with live ammunition

By Howard B. Owens

A 33-year-old man from Hilton accused of illegally possessing a semiautomatic .223-caliber rifle and large capacity magazine in violation of New York State law while in Byron in March entered a guilty plea this morning to a single felony count of criminal possession of a weapon, 3rd.

Under terms of the plea deal, if Charles S. Ganoung IV, avoids criminal legal trouble for the next year while on probation, his plea can be reduced to a misdemeanor, criminal possession of a weapon, 4th.

He would then serve two more years on probation.

Deputies arrested Ganoung March 25 while in the course of an unrelated investigation when Ganoung was found with rifle, which deputies said was unregistered and equipped with a telescoping stock, pistol grip, detachable high-capacity magazine, loaded with 28 live rounds, flash suppressor/muzzle break and a bayonet mount. 

The Army veteran admitted to the second count of the indictment, the one dealing with the large capacity magazine, in Genesee County Court this morning but made no other statements.

Sentencing is scheduled for Jan. 24.

Batavia woman accused of selling cocaine

By Howard B. Owens
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       Laurie Lerkins

Laurie J. Lerkins, 40, of Harvester Avenue, of Batavia, is accused of selling cocaine to an agent of the Local Drug Task Force within the past eight months. 

With the help of Batavia PD, she was located on Harvester Avenue and taken into custody.

She was jailed on charges of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd. Both are Class B felonies.

Law and Order: Woman accused of refusing to leave UMMC emergency room

By Howard B. Owens

Deborah R. Blatt, 56, of East Main Street, Batavia, is charged with harassment, 2nd, and criminal trespass, 3rd. After refusing medical treatment in the emergency room of UMMC, Blatt allegedly sat down in the waiting area and refused to leave after being told by hospital staff to leave. Blatt allegedly pushed a responding officer.

Brian L. Erickson, 52, of Cherry Street, Batavia, is charged with harassment, 2nd. Erickson allegedly pushed another person during an incident reported at 5:32 p.m. Tuesday at a location on Ross Street.

Robin L. Walsh, 50, of West Main Street, Batavia, is charged with petit larceny. Walsh allegedly concealed several items in her purse at Tops Market and walked out of the store without paying for them.

Trisha R. Santora, 35, Naramore Drive, Batavia, is charged with DWI, driving with a BAC of .08, refusal to take breath test, aggravated unlicensed operation, 1st, driving a motor vehicle while on a mobile device. Santora was stopped at 9 p.m. Oct. 19 on Main Street, Batavia, by Officer Matthew Wojtaszczyk.

David L. Andrews, 29, of State Street, Batavia, is charged with aggravated unlicensed operation, 2nd, and suspended registration. Andrews was stopped at 3:17 p.m. Sunday on Jefferson Square, Batavia, by Officer Christopher Lindsay.

Law and Order: Postal carrier calls in suspicious activity, leads to drug arrest

By Howard B. Owens

Austin Lee Wester, 23, of Pratt Road, Batavia, is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. Police responded to the area of 21 Ross St., Batavia, at 11:13 a.m. Wednesday after a postal carrier reported observing a person who "appeared to be on something and suspicious." It was also reported that Wester walked around to the back of a residence and appeared to be casing the residence. He was jailed on $20,000 bail or $10,000 bond.

Stacey Lynne Ives, 38, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and unreasonable speed. Ives is accused of driving a vehicle that struck a parked semi-trailer in the area of 2200 Angling Road, Pembroke, at 3:06 a.m. Sunday. When deputies arrived on scene, Ives was reportedly out of the vehicle and walking around. She was treated at the scene by Mercy EMS and released with no reported injuries. The accident was investigated by Deputy Ryan Young.

James M. Rossiter, 35, of Clifton Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to signal, failure to use headlights, moving from lane unsafely. Rossiter was stopped at 1:04 a.m. Sunday on North Spruce Street, Batavia, by Officer Mitchell Cowen.

Michael J. DiFalco, 29, no permanent address, is charged with petit larceny. DiFalco was arrested on a warrant for an alleged theft that occurred at 7:30 p.m. Sept. 24 at 41 S. Main St., Batavia. He was jailed on $5,000 bail or $10,000 bond.

Danielle Elizabeth Cummings, 39, of Batavia Oakfield Townline Road, Batavia, was arrested on a warrant. Cummings was taken into custody at Wayne County Jail by Batavia PD and returned to the City of Batavia for arraignment in City Court. She was jailed on $2,500 bail. No information released on the charges contained in the warrant.

Geoffrey M. Anderson Jr., 52, of Wood Street, Batavia, is charged with criminal trespass and second-degree harassment. Anderson was allegedly in a building at Batavia Middle School without authorization at 10:14 p.m. on Friday. While being escorted from the building, Anderson allegedly pulled away forcefully from a security aide and made threatening statements.

Ryan N. Bartholomew, 23, of Adams Street, Batavia, is charged with disorderly conduct. Bartholomew is accused of directing obscene language at City of Batavia residents while in a vehicle in the area of 6 Orleans Ave., Batavia, at 3:44 a.m. Wednesday. 

Michael Charles Friedman, 60, of Quarry Hill Estates, Akron, is charged with DWI, driving with a BAC of .18 or higher, and possession of an open container in a vehicle. Friedman was stopped at 1:45 a.m., today, on Macomber Road, Alabama, by Deputy Mathew Clor.

Daniel Edward King, 41, of Alleghany Road, Pembroke, is charged with criminal trespass, 3rd, disorderly conduct, and unlawful possession of marijuana. King allegedly returned to Batavia Downs at 5:37 p.m. Saturday after being told to leave, and using obscene language causing public alarm. He was jailed on $1,000 bail or $20,000 bond.

Cindy M. Auberger, 54, of Keitel Road, Albion, is charged with felony DWI, drinking alcohol in a vehicle on a public highway, refusal to take a breath test, and unlawful of possession of marijuana. Auberger was allegedly found in a vehicle parked roadside at 12:37 a.m. Sunday on Clinton Street Road, Batavia, by Deputy Jenna Ferrando.

John A. Petronio, 35, of Long Bridge Road, Albion, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. Petronio was allegedly found in possession of an electronic stun gun at 1:57 a.m. Friday at a location on Lake Street Road, Le Roy.

Matthew Scott Williams, 29, of Hundredmark Road, Elba, is charged with petit larceny and auto stripping. Williams is accused of stealing catalytic converters from vehicles at a residence on Hundredmark Road, Elba. He is also charged with grand larceny, 4th, and falsifying business records, 1st. He is accused of selling a vehicle for scrap when he was not the owner of the vehicle had no night to sell the vehicle. He allegedly produced documents purporting to show he was the owner of the vehicle. The alleged theft was reported Sept. 28 on Clinton Street Road, Bergen.

Minnie M. Henry, 29, of Batavia, is charged with petit larceny. Henry was arrested by State Police for an alleged theft reported at 3:33 p.m. Aug. 22 at a location in the Town of Batavia. No further details released.

Grand Jury: Man indicted for allegedly damaging tail lights on Le Roy company's vehicles

By Billie Owens

Ronald J. Barber is indicted for the crime of criminal mischief in the third degree, a Class E felony. It is alleged that on May 17 at a location of West Main Street Road in the Town of Le Roy that he intentionally damaged the property of another person and had no right to do so. Barber is accused of breaking tail lamps on several vehicles owned by a company in an amount exceeding $250.

Suspect in rape and murder of toddler captured in Pennsylvannia

By Howard B. Owens

A man suspected of the murder and rape of a toddler, whom authorities thought might head to Western New York, was arrested early this morning in Franklin Park, Pa., according to the Pittsburgh Post-Gazette.

Yesterday, State Police and Sheriff's deputies conducted a search of an area along the north side of the Thruway in Batavia after callers reported seeing a man who matched the description of the suspect, 37-year-old Joshua Gurto. Two K-9s were unable to detect fresh human scent anywhere in the area and the search was called off after about an hour.

Franklin Park is a three-hour, 37-minute drive from Batavia.

It's unknown at this point, of course, if Gurto ever was in Batavia.

Ohio baby rape and murder suspect possibly spotted in area of Batavia Thruway exit

By Billie Owens

(Police mug shot of Joshua Gurto.)

State trooopers and Sheriff's deputies, and a canine unit from each agency, are scouring the area around exit 48 on the Thruway for a man a caller described as looking somewhat like the suspect wanted in Ohio for raping and murdering a 13-month-old girl on Oct. 7.

They have been on scene around the Batavia exit for about an hour.

The man is said to be bearded and wearing a hoodie and he's on foot, having been spotted north of the exit 48 overpass, then crossing where there's a strip of concrete median and heading west.

It's unknown if he is actually the suspect, who is Joshua Gurto, a 37-year-old from Conneaut, Ohio.

UPDATE 2:48 p.m.: BOCES was put on lockdown during the manhunt, but that has now been lifted. The search is expected to terminate soon.

UPDATE 2:50 p.m.: Gurto is described as a 5-foot-10, 145-pound male with a deformed right ear, misaligned jaw and tattoos on his right forearm. The person spotted earlier this afternoon in Batavia so far has not been located.

UPDATE 3:03 p.m.: Law enforcement is preparing to leave. The pedestrian was not found.

Law and Order: Batavia man accused of repeatedly punching another person in the face

By Howard B. Owens

Jimpce Jay Etienne, 41, of Warren Street, Batavia, is charged with harassment, 2nd. Etienne allegedly repeatedly punched another person in the face during an incident reported at 12:30 a.m. Sunday at a location on Warren Street. He was jailed on $950 bail.

Giancarlo A. Miranda, 19, of Clipknock Road, Stafford, is charged with criminal possession of a weapon, 3rd. Miranda was allegedly found in possession of a switchblade knife while at County Building #1 at 4:07 p.m. on Tuesday.

Michelle L. Misiak, 52, of Fisher Park, Batavia, is charged with petit larceny. Misiak is accused of stealing an alcoholic beverage from Southside Deli at 11:46 a.m. Saturday.

Carlton Lynn Beardsley, 22, of Walnut Street, Batavia, was arrested on a warrant. Beardsley was wanted on a warrant out of Batavia City Court.

William A. Andrews III, 38, of State Street, Batavia, was arrested on a warrant. Andrews allegedly failed to comply with court-ordered programs. He was jailed on $2,500 bail.

Attorney requests hearings to challenge evidence in East Main stabbing case

By Howard B. Owens
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       JW Hardy

The attorney for a defendant accused of assault in the first degree stemming from a stabbing on East Main Street, Batavia, in July, has requested three hearings to challenge some of the evidence against his client prior to any jury trial.

JW Hardy III, 30, of 216 Liberty St., Batavia, is charged with assault in the first degree and gang assault, 1st.

Attorney Marty Anderson is seeking a Huntley hearing, a Wade hearing, and a Mapp hearing.

A Huntley hearing is pretty common in criminal cases that might go to trial. It's a chance for the defense to determine if statements made by defendants while in custody are admissible at trial.

Wade and Mapp hearings are far less common.

A Wade hearing is used to determine if a suspect identification by a witness, such as through a photo line up, as used in this case, was handled according to correct procedure.

At a Mapp hearing, the defense challenges evidence gathered during the investigation to ensure the defendant's Fourth Amendment rights were not violated, that investigators had sufficient probable cause to proceed.

District Attorney Lawrence Friedman asked that the Wade hearing be delayed until a day before the trial date in order to protect the witness from threats or intimidation. 

The suspect, Hardy, nor his co-defendant, Anthony Spencer Jr., 26, of Columbia Avenue, Batavia, know the identity of the witness at this stage of proceedings.

Hardy and Spencer are both accused of assault, 1st, and gang assault for allegedly working in tandem to beat and stab a victim July 18 at a location on East Main Street.

Officer Arick Perkins is credited with saving the victim's life.

Judge Charles Zambito reserved judgment on when to hold the Wade hearing. The other hearings are scheduled for 2:30 p.m., Nov. 22.

Hardy is out of jail pending further court proceedings.

Law and Order: Rochester man accused of driving on 27 suspensions

By Howard B. Owens

Frank D. Fulton, 61, of Rochester, is charged with aggravated unlicensed operation, driving without insurance, unregistered motor vehicle, uninspected vehicle, driver's view obstructed and unlicensed driver. Fulton was stopped at 11 a.m. Tuesday on Route 77, Pembroke, by Deputy Lonnie Nati. He was found to be driving despite an alleged 27 active suspensions on his license. He was jailed on $500 bail or $2,000 bond.​

Carlton Lynn Beardsley, 22, of Walnut Street, Batavia, is charged with promoting prison contraband 1st, criminal possession of controlled substance, 7th, and controlled substance not in original container. Beardsley is accused of bringing a narcotic drug into a secure area of the Genesee County Jail at 7:30 p.m. Tuesday. He is being held on bail.

Brandi Marie Smith, 37, of North Bennett Heights, Batavia, is charged with criminal possession of a forged instrument, 2nd. Smith is accused of using two stolen checks at Walmart. The checks were reportedly stolen from a victim in the City of Batavia. (Previously: Woman facing 15 charges after allegedly breaking into car, stealing purse.)

A 15-year-old resident of Darien is charged with petit larceny. The youth was arrested by State Police for an alleged incident reported at 5:12 p.m. Tuesday in Pembroke. No further information released.

Pumpkin theft reported near East Main and Liberty streets in the city

By Billie Owens

The larceny of a pumpkin was reported in the vicinity of East Main and Liberty streets in the City of Batavia. The complainant says there's a "known suspect" in the case and has contacted the dispatch center. A police officer will be following up on the lead.

Final suspect in Central Avenue home invasion ordered held without bail

By Howard B. Owens
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      Adante Davis

A suspect in a home invasion burglary on Central Avenue who has been on the lam for a year will remain confined to jail without bail Judge Charles Zambito ruled this morning when Adante L. Davis was arraigned on felony counts of assault, 2nd, and burglary, 1st. 

Attorney Marty Anderson, appointed to represent Davis, argued that Davis, in previous criminal cases, has a record of making appearance and should, therefore, have bail set at a reasonable amount.

Assistant District Attorney Robert Zickl disagreed.

"He's been gone for a year," Zickl said. "He fled knowing he was wanted in connection with a serious home invasion burglary and is facing a Class B violent felony and his co-defendents received significant prison terms."

Zickl added that Davis three failures to appear on his record and a prior probation violation and prior parole violation.

He said he considered Davis a significant risk to flee if released.

Zambito agreed.

Three other men -- Daniel Gilbert, Marquis Saddler, and Oliver Thomas -- have all previously entered guilty pleas to charges stemming from the October 2016 incident and are currently serving state prison terms.

The next scheduled court appearance for Davis is 1:45 p.m., Dec. 21.

Law and Order: Fourth suspect in Central Avenue home invasion in 2016 in custody

By Howard B. Owens
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       Adante Davis

Adante L. Davis, 27, of South Main Street, Batavia, is charged with assault, 2nd, and burglary, 1st. Davis was arrested on a warrant for assault and robbery stemming from a home invasion at a location on Central Avenue on Oct. 28, 2016, in which he is a suspect. Davis was one of four suspects and has been at large since the incident. Three participants have pled guilty and been sentenced -- Daniel J. Gilbert, Marquis K. Saddler, and Oliver Thomas. Davis was ordered held without bail.

Darrell J. Holloway, 49, of Farnsworth AVenue, Oakfield, is charged with unlawful possession of marijuana. Holloway was stopped for an alleged traffic infraction at 8:02 p.m. Thursday on Evans Street, Batavia.

Daniel Joseph Difrancesco, 36, of Edgewood Drive, Batavia, is charged with criminal mischief, 3rd. Difrancesco was allegedly involved in a dispute at his residence. He was jailed without bail.

Alex Scott Dumbleton, 24, of Ellicott Street, Batavia, is charged with illegal disposal of items. Dumbleton allegedly threw a bag of garbage onto the property of another person without permission.

Michele L. DiFalco, 28, of South Main Street, Batavia, is charged with petit larceny. DeFalco allegedly stole property from an associate Sept. 25. He was jailed on bail.

Katty L. Jackson, 21, of Dewey Avenue, Batavia, is charged with harassment, 2nd. Jackson allegedly struck another person in an incident reported at 6:29 p.m. Thursday at a location on Maple Street, Batavia.

A 17-year-old resident of Batavia is charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, failure to yield right of way to emergency vehicle, and no lights on a bicycle. Police attempted a traffic stop on the young bicyclist at 8:36 p.m. Thursday on Ellicott Street and the youth attempted to flee from police and led police on a chase. The youth was jailed following his arrest.

Casey Arthur Trommetter, 29, of Angling Road, Pembroke, is charged with DWI, moving from lane unsafely, and unregistered motor vehicle. Trommetter was arrested following an investigation by Deputy Ryan Young into a two-vehicle accident reported at 12:09 a.m. today on Genesee Street, Pembroke. When deputies arrived on scene they found an unoccupied vehicle in the westbound lane. Trommetter was in a second vehicle in a ditch off the side of the road. She was treated and released at the scene for minor injuries and charged with DWI. 

Michael Alan Shelter, 27, of Lewiston Road, Alabama, is charged with harassment, 2nd, and unlawful possession of marijuana. Shelter was arrested following an investigation into a disturbance reported at 8:45 p.m. Friday on Lewiston Road, Alabama.

Anthony James Constable, 31, of Oak Orchard Road, Elba, is charged with DWI. Constable was allegedly involved in a domestic incident at 11:08 p.m. Saturday in Elba. Following the incident, he allegedly drove to 7993 Call Parkway, Batavia, the location of Ashley Furniture, where he was located by Sgt. Thomas Sanfratello and arrested for alleged DWI. Additional charges are pending.

Mark Harley Bennett, 31, of Chamberlain Street, Albion, is charged with criminal possession of a controlled substance, 7th. Bennett was arrested after deputies responded to a report at 8:57 p.m. Saturday of two men in a vehicle in a parking lot at 8363 Lewiston Road shooting up heroin. Upon investigation, Bennett was allegedly found in possession of a controlled substance.

Adrienne F. Yocina, 36, of Alleghany Road, Pembroke, is charged with criminal possession of a weapon, 3rd, and criminal possession of a controlled substance. Yocina was charged following a home probation check. She was allegedly in possession of high capacity ammunition magazines and a controlled substance.

Benjamin Jacob Skubis, 23, of Colby Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Skubis was charged following an investigation by Deputy Mathew Clor into a motor-vehicle accident reported at 2:25 p.m. Saturday on Bloomington Road, Basom.

Nicolas James Scripp, 27, of Fullington Road, Attica, is charged with public lewdness. Scripp allegedly urinated near the entrance of a business on Park Road at 2:22 a.m. Saturday.

Pamela A. Battaglia, 59, of Limerick Road, Piffard, is charged with trespass. Battaglia is accused of refusing to leave a property on Junction Road, Pavilion, after being told to leave several times.

John Paul Henning Sr., 55, of Overlook Drive, Batavia, is charged with acting in a manner that could injure a child and assault, 3rd. Henning is accused of attempting to punish a child by striking him on the foot with a plastic object, which caused the child to bleed.

Trisha Rose Santora, 35, of Georgian Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, controlled substance not in original container, aggravated unlicensed operation, license plate violation, and inadequate plate lamps. Santora was arrested on a warrant. She was jailed on $5,000 bail, $10,000 bond.

Robert E. Magoffin, 45, of Darien Center, is charged with endangering the welfare of a child. Magoffin was arrested by State Police in connection with an alleged incident reported 5:52 p.m. Friday in Darien. No further details released.

Nichole M. Ambrosoli, 50, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Ambrosoli was stopped at 2:45 a.m. Saturday on R. Stephen Hawley Drive, Batavia, by State Police.

Police looking for man who was in custody before escaping from hospital

By Howard B. Owens

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Police are searching areas west and north of UMMC for a man in a hospital gown and underwear who escaped custody while at UMMC.

The man is a suspect in an assault and was taken to UMMC for a mental health evaluation.

Search areas have included the area around Dwyer Stadium and behind the high school, North Side Apartments, Walden Estates and the general area.

The suspect is a male in his 30s.

If spotted, Emergency Dispatch can be reached at (585) 343-5000.

UPDATE 10:26 a.m.: The man remains at large and is not considered armed; he's wearing a hospital gown and boxer shorts. Police plan to charge him with third-degree assault, and other charges, stemming from a domestic incident in Elba last night. A State Police helicopter will soon be deployed -- an ETA of about 20 minutes -- and a DEC canine unit is on scene. The search area is Bank Street in the city, northwest between the Thruway and the high school. The command post is by Walden Estates apartment complex, where the suspect was last seen.

UPDATE 11:17 a.m.: The suspect has been spotted on State Street Road by the Thruway. He is only wearing blue underwear, having jettisoned the hospital gown.

UPDATE 11:20 a.m.: The suspect has been taken into custody in a field north of the Thruway.

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Marshals looking in WNY for man wanted for rape and murder of child

By Howard B. Owens
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The U.S. Marshals Service is asking for the public's assistance in locating a fugitive who is a suspect in the rape and murder of a 13-month-old girl.

The fugitive is traveling with an unknown male in a pickup truck with New York license plates, which has led them to suspect the two men may travel to or through Western New York.

The men were last seen Oct. 13, in Girard, Pa.

The suspect is Joshua Gurto. He is 37 years old, approximately 5'10" tall and 145 pounds. He may have a deformed right ear, misaligned jaw and tattoos on his right forearm.

A reward is offered for information that leads to his arrest.

He is wanted by the Conneaut Police Department in Northern Ohio 

The two men are traveling in a dark gray Ford F-150.

Anyone with any information that can help identify the unknown male in the photos is asked to call 1-866-4WANTED.

Tips can also be sent via text message by typing keyword WANTED and tip to 84711 (tip411).

People providing tips can remain anonymous. 

 

 

 

 

 

 

 

 

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