crime

Police are looking for a white male with a tattoo on his neck in connection with a robbery at 3:58 p.m. of the Bank of America branch at 100 Main St., Batavia.

The suspect was wearing a white Yankee's hat with a flat brim, a blue hooded sweatshirt, and jeans.  

He fled on foot, northbound on Bank Street, before patrols arrived.

There were no weapons displayed. There was no threat of a weapon. There were no injuries.

Investigators are asking for the public's assistance in identifying the suspect.

Police are not releasing further information at this time.

To contact Batavia PD, call (585) 345-6350 or the confidential tip line at 585-345-6370.

(Initial Report)

Rodney A. Barber is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Aug. 22 in the City of Batavia that the defendant intended to cause, and did cause, physical injury to a person by means of a deadly weapon or dangerous instrument, in this case several -- "a can of corn, a toaster, a vase, a knife and glass dishes." In count two, Barber is accused of the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two that on the same day at an apartment on South Main Street in the City of Batavia, that the defendant possessed "a dagger, dangerous knife, dirk, razor, stiletto" or another dangerous or deadly instrument or weapon with the intent to use it unlawfully against another person. In Special Information filed with the indictment, the District Attorney accuses Barber of having been convicted of the crime of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, on Feb. 7, 2012, in Genesee County Court and that "conviction forms the basis for count two" of this indictment.

Steven R. Colombo is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 25, Colombo knowingly entered or remained unlawfully in a dwelling on East Main Street in Batavia with the intent to commit a crime. In count two, he is accused of criminal contempt in the first degree, a Class E felony, for allegedly violating a duly served order of protection. The defendant allegedly intentionally violated the order by some means of physical contact, or he attempted or threatened physical contact.

The Bank of America branch in Downtown Batavia was robbed at about 4 p.m. today.

No weapon was displayed nor was use of one threatened. 

Batavia PD will release more information later. 

Jeremy Lyons, 32, of Lake Street, Le Roy, was taken custody as a result of an outstanding parole warrant on July 19 by members the Le Roy Police Department. In early afternoon of July 19^th the Le Roy Police Department received an anonymous tip that Lyons had been seen hanging around outside his residence on Lake Street. When police arrived on location, a subject matching Lyons' description was seen running into the apartment building. Police met with an uncooperative tenant who denied Lyons being in the residence. After a brief investigation, it was believed that Lyons jumped out of a second-story window of the residence in an attempt to flee the police. Members of the Le Roy Police Department with assistance from the Genesee County Sheriff’s Office K-9 Unit as well as members of the New York State Police were able to track and locate Lyons hiding in a wooded area off of Lent Avenue in the Village of Le Roy. Lyons was taken into custody at that time without incident. He was then turned over to the Genesee County Jail to await further action by New York State Parole. The Le Roy Police Department would like to thank the Genesee County Sheriff’s Office K-9 Unit and New York State Police for assisting with taking Lyons into custody.

Michelle Richmond, 48, of Washington Avenue, Batavia, is charged with: felony DWI -- previous conviction within 10 years; operation of a motor vehicle with a BAC of .08 percent of more; aggravated unlicensed operation of a motor vehicle in the third degree; driving with an open container of alcohol; and having unauthorized tinted windows -- 44 percent (visibility). Richmond was issued an appearance ticket for City of Batavia Court and is to appear there Sept. 6. The incident location was Central Avenue at 9:41 p.m. on July 19. The case was handled by Genesee Coumty Sheriff's Deputy Jeremy McClellan.

Charles G.T. Williams AKA "Gusto," 38, of Jackson Street, Batavia, is charged with criminal possession of a controlled substance, 4th, a Class C felony, and criminal possession of a weapon, 3rd, a Class D felony. On Wednesday, July 19, GC Local Drug Enforcement Task Force members observed Williams driving a vehicle in the City of Batavia while there was an active bench warrant out for him. He was stopped on Ellicott Street in the city and arrested. At the time of his arrest, he was allegedly in possession of a handgun and a quantity of powder cocaine and crack cocaine. He was jailed on the outstanding warrant and was due to be arraigned today on the new charges.

Dwayne Bartholemau Spivey, 40, of Doran Street, Rochester, is charged with aggravated unlicensed operation, 1st. At 10:45 a.m. Sunday on Lake Street Road, Le Roy, Le Roy PD, State Police and the Sheriff's Office were conducting a joint traffic checkpoint. Officers reported observing a vehicle driven by Spivey stop prior to the checkpoint, with Spivey exiting the driver's side and changing seats with the passenger, making the passenger the driver when the vehicle arrived at the checkpoint. Upon investigation by Deputy Chad Cummings and Deputy Chris Erion, Spivey was found to have 25 suspensions over the course of two decades. The other occupant, the passenger who became the driver, had a valid license. Spivey was jailed without bail.

Jesse Dean Parsons, 33, of Swamp Road, Byron, is charged with promoting prison contraband. Parsons is accused of entering the Genesee County Jail on an unrelated charge with a known banned item.

The following people were arrested by the Genesee County Sheriff’s Office during the Chicago concert at Darien Lake Performing Arts Center on Tuesday:

Jaqueline M. Walker, 48, of Wallace Drive, Grand Island, is charged with resisting arrest and two counts of harassment, 2nd, after allegedly kicking and striking several Live Nation security officers and then resisting arrest by kicking deputies while being taken into custody.

Mark P. Walker, 49, of Wallace Drive, Grand Island, is charged with harassment, 2nd, after allegedly punching a Live Nation security officer in the face.

UPDATED at 9:47 p.m.

Batavia PD investigators took less than a day to identify a suspect in a knife attack on a person overnight on East Main Street.

Arrested this afternoon was JW Hardy III, 30, of 216 Liberty St., Batavia.

He is charged with assault in the first degree and gang assault, 1st.

He was jailed without bail.

The investigation is ongoing.

Under NYS Penal Code, the charge of gang assault does not mean that the person charged is a member of an organized, ongoing, criminal enterprise. It does mean that the police suspect was aided by two or more other people in perpetrating an attack that caused serious physical injury.

Chief Shawn Heubusch said that right now police believe there was at least more than one person involved.

As for any possible actual gang membership for Hardy, Heubusch said, "There is no reason to believe he is involved in any organized criminal enterprise."

The attack was reported at 1 a.m. in the area of 318 E. Main St., Batavia.

Upon arrival, officers located a male victim who had a severe laceration to his upper arm, lying on the ground.

The victim was transported by Mercy Flight to Strong Memorial Hospital. He reportedly had serious injuries.

Based on evidence and witness statements at the scene, police said earlier today that the victim had been beaten and slashed with a knife by at least one person.

Police reported at the time of the release that one person was being questioned in connection with the attack.

Anyone with information regarding this incident is asked to contact the Batavia Police Department Detective Bureau at (585) 345-6350 or the Confidential Tip Line at (585) 345-6370.

Investigators have leads to track down and a person of interest in a home invasion assault in Bethany three nights ago, according to Investigator Chris Parker, who is leading the case.

The 73-year-old victim is in stable condition at Strong Memorial Hospital after initially being transported to UMMC the night of the attack.

Parker said he has interviewed someone who is not a suspect at this time, but truly a person of interest.

The crime was reported just before 9 p.m., Saturday at a residence in the Bethany Center Road, Paradise Road area of Bethany.

The victim called 9-1-1.  He told deputies on scene that he was asleep and the intruder woke him. He said he had been hit with an unknown object, which caused facial wounds, and sprayed with an unknown substance.

Parker did not discuss what might have been used to hit the victim, but that all indications are, whatever the victim was sprayed with was likely nothing more than water. There is no evidence to indicate it was any other substance.

"I can allay any public fears that there is a person or persons out there coming into people's homes and assaulting them," Parker said. "That is not the case here. This was not a random act."

People with information that might be helpful to the case can call the Sheriff's Office at (585) 343-5000.

Press release from the City of Batavia Police Department:

On  Tuesday, July 18th, at approximately 1 a.m., officers responded to 318 E. Main St. for the report of a subject outside who had been assaulted.

Upon arrival, officers located a male victim who had a severe laceration to his upper arm, lying on the ground.

Officers rendered aid by applying a tourniquet to the victim until EMS arrived. 

The subject was taken by Mercy Flight to Strong Memorial Hospital in Rochester with serious injuries.

Officers were able to obtain statements from witnesses and evidence that indicated the victim was stabbed by another male subject and beaten by at least one other person during the altercation.

It is not yet known how or why the altercation began and officers are currently interviewing witnesses and completing follow-up investigations.

The investigation into this incident is active with at least one person being interviewed at this time as a possible suspect.

The victim is listed in serious condition at Strong Memorial Hospital at this time.

Anyone with information regarding this incident is asked to contact the Batavia Police Department Detective Bureau at (585) 345-6350 or the Confidential Tip Line at (585) 345-6370.

Information can also be submitted via the Police Department website by clicking here.

Further information will be released as it becomes available.

Dalton C. Kelley, 19, of Chase Park, Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. Kelly allegedly damaged garage windows and pushed or threatened to harm other individuals during a disturbance on Chase Park at 6:55 p.m., Saturday. Kelley was also charged with harassment, 2nd, for allegedly striking a person at the same location at 4:42 p.m., Sunday.

Matthew D. Novak, 28, of Dellinger Avenue, Batavia, is charged with criminal contempt, 1st, criminal mischief, 3rd, and harassment, 2nd. Novak was arrested on a warrant stemming from an incident reported at 1:30 a.m., April 12. He was jailed on $2,500 bail.

Darazian W. Williams, 24, of West Main Street Road, Batavia, is charged with unlawful possession of marijuana. Williams was arrested following a traffic stop at 6:30 p.m. July 9 on Law Street, Batavia, by Officer Matthew Lutey.

Melvin C. Tolbert-McDonald, 21, of Seward Street, Rochester, is charged with assault, 3rd, and criminal obstruction of breathing or blood circulation. Tolbert-McDonald is accused of striking another person several times and choking that person during a disturbance reported at 6:31 p.m. Saturday at a location on Pearl Street, Batavia.

Bonnie L. Cortright, 30, of Clinton Street Road, Batavia, is charged with criminal trespass. Police responded at 11:15 p.m. to 122 Summit St., Batavia, for a report of people being inside a vacant home. Also charged were Sabrina Higgins, 22, and Thomas Preedom, 29. Preedom, a parolee, was jailed on $2,500 bail.

Casey J. Halsey, 37, of South Swan Street, Batavia, is charged with criminal trespass, 2nd, and criminal mischief, 4th. Police responded to a report of a disturbance on Redfield Parkway at 4:34 a.m., Saturday. Halsey allegedly refused to leave a residence. He was jailed on $7,500 bail.

Willie Frank Irvin II, 35, of Trumbull Parkway, Batavia, is charged with DWI, speeding in zone, and tailgating. Irvin was stopped at 2:37 a.m. Sunday on East Main Street, by Officer Arick Perkins.

A fight involving about a dozen people is reported on Summit Street between Washington Avenue and East Main Street. City police just arrived on scene.

The following people were arrested by the Genesee County Sheriff’s Office during the Chris Stapleton Concert at Darien Lake Performing Arts Center on Sunday:

Jeremy A. Wicks, 34, of Beebe Road, Afton, is charged with unauthorized use of a vehicle after allegedly taking a Darien Lake golf cart without permission. Wicks was arraigned in Darien Court and put in jail in lieu of $500 bail.

Russell P. Vincent Jr., 18, of Chestnut Road, Newfane, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Brandon M. Welsh, 29, of Main Street North, Jarvis, Ontario, is charged with harassment, 2nd, after allegedly having unwanted contact with a Live Nation employee.

Amanda M. Ott,  30, of East Avenue, Lockport, is charged with harassment, 2nd, after allegedly pushing a Live Nation employee in the chest.

Kaitlyn M. Hornburg,  20, of Seger Road, Sinclairville, is charged with harassment, 2nd, after allegedly spitting in a Live Nation employee's face.

Chris Kaboingo, 28, of Mill Street, Le Roy, is charged with criminal possession of a controlled substance, 4th. Kaboingo was arrested following a property damage accident at 7:29 p.m. May 25 on Alexander Road, Alexander. He was allegedly found in possession of amphetamine pills. He was arraigned July 11 and released under supervision of Genesee Justice. Also charged was Darazian Willie Paul Williams, 24, of West Main Street, Batavia. Williams was also cited for alleged failure to keep right.

Alexander Albert Chandler, 25, of Lake Street, Le Roy, is charged with unlawful possession of marijuana and inadequate plate lamp. Chandler was stopped at 9:50 p.m. Friday on Main Road, Stafford, by Deputy Michael Lute.

Riley Kristine Davis, 20, of Gilbert Road, Bergen, is charged with petit larceny. Davis is accused of shoplifting from a business on Veterans Memorial Drive at 12:11 p.m. on July 10. Davis allegedly stole jewelry. 

Nasir Chalee Nathan, 21, of Goade Park, Batavia, is charged with unlawful possession of marijuana. Nathan was allegedly found in possession marijuana while in a parking lot off Veterans Memorial Drive, Batavia, at 12:43 p.m. on July 10 by Deputy Ryan DeLong.

Jessica Ann Shiltz, 33, Claybed Road, Filmore, is charged with DWI and refusal to take breath test. At 12:27 a.m., July 13, Deputy Ryan DeLong observed a vehicle stopped at the side of the road on Colby Road, Darien. Upon investigation, Shiltz was found to be allegedly driving drunk. She was jailed on $250 bail.

Jay'von D Spivey, 18, of Holland Avenue, Batavia, is charged with criminal possession of stolen property, 5th, and resisting arrest. Spivey is accused of stealing a bicycle. He allegedly pulled away and resisted when police attempted to place him in custody. He was jailed on $1,000 bail or $2,000 bond.

Gregory Seppe, 59, of South Swan Street, Batavia, is charged with petit larceny, burglary, 2nd, and conspiracy, 4th. Gregory Seppe was arrested with Brandon Seppe, 33, when the two men were allegedly found leaving the area of a reported burglary. Both were held without bail.

Olivia J. Paganin, 28, of Myrtle Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and motor vehicle with lights that do not meet standards. Paganin was stopped at 1:15 a.m., July 1, on East Main Street, Batavia, by Officer Matthew Wojtaszczyk.

Sheryl A. Jeffery, 58, of Summit Street, Batavia, is charged with harassment, 2nd. Jeffery allegedly struck a registered nurse while being treated at UMMC.

A 38-year-old Batavia man is being accused of selling crack cocaine to an agent of the Local Drug Task Force on three separate occasions.

Jason M. Giuliani, of Oak Street, was arrested at the Genesee County Jail, where he is being held on unrelated charged.

Giuliani is charged with three counts of criminal sale of a controlled substance and three counts of criminal possession of a controlled substance. The charges are Class B felonies.

Bail was set for Giuliani on these charges at $15,000 cash or $30,000 bond.

A "physical disturbance" is reported in the area of 110 Evans St. City police are responding.

A 73-year-old man in Bethany was asaulted tonight in his home by an intruder and is being transported to UMMC by ambulance for treatment of his injuries. 

The intruder awoke the man and struck him several times with an unknown object. He also sprayed him with an unknown substance. 

The suspect was not on scene when deputies arrived and law enforcement has no description at this time. 

The initial 9-1-1 call was just before 9 p.m.

Sometimes good people do bad things, Judge Micheal Mohun told Bill Thomas before sentencing him to three years in state prison for menacing a police officer.

With the nearly 14 months already served in county jail, and time off for good time, Thomas should be back home with his family in a little over a year.

Family is a big part of the Thomas story, something Mohun noted during his sentencing remarks.

"You're a lucky fella," Mohun said. "Every time you've come to court, your family has been here. Your family has been very supportive. I see you are one of 10 kids, the second youngest. Your mother died in May while you were in jail. I'm sure that was very hard on you.  It gives me great encouragement that your family is with you and has backed you throughout your court appearances and your trial and now they're here with you today. That is a real testament to the Thomas family.

Then he added, "you're also lucky to be alive."

On the morning of March 16, 2016, Officer Pete Flanigan responded to a home on State Street to investigate a report of a disturbance. Bill's brother Rand answered the door and Flanigan saw Thomas, he testified at trial, with a knife in his hand. He said Thomas came at him with the knife and he thought he would have to shoot Thomas, but Rand, in trying to flee the residence, got in between the officer and his brother.

At a trial last month, Thomas was convicted of criminal possession of a weapon and menacing a police officer.

The mandatory minimum sentence for menacing a police officer is two years in prison, with a maximum of eight. 

Mohun also sentenced Thomas to one to three years on the weapons conviction, to run concurrently to the menacing charge. Thomas will also have a year and a half parole to serve when he's released.

Thomas has a prior criminal record, but nothing in the past 20 years and never had a prior arrest for any kind of violence.

He had been living with his mother, caring for her, prior to his arrest.

While Thomas, 57, was represented at the jury trial by the Public Defender's Office, retained counsel Maurice Verillo appeared for the defendant today. He argued for a minimum amount of time in prison and asked that his client's time in prison be at a facility close to Batavia so his family could easily visit him.

Mohun said he has no control over where the Department of Corrections sends Thomas, but he did attach the request to his file, so it is with him when he is processed, and all of the letters of support from friends and family the court received.

District Attorney Lawrence Friedman, who usually has something to say when asked what his sentencing recommendations are by a judge, made no statement in court today.

About a dozen members of his family were in court. After Mohun adjourned the case, they all stood. Deputies allowed Thomas to turn and say goodbye to his family.  Family members told him they supported him and loved him.

Three people have been arrested, all on Class B felony charges, following an investigation by the GC Local Drug Enforcement Task Force in the City of Batavia.

Jacklyn M. Ganzhorn, 30, of South Lyon Street, Batavia, is charged with two counts of criminal sale of a controlled substance in the third degree -- heroin/fentanyl; and two counts of criminal possession of a controlled substance in the third degree (same drug).

Ganzhorn was arrested Wednesday afternoon by Batavia Police while they were investigating an unrelated matter.

She was jailed on $20,000 cash bail or $40,000 bond.

Uniformed officers of the Batavia Police Department assisted Task Force members with the investigation.

Johnnie M. Watson, 34, of West Main Street, Batavia, is charged with three counts criminal sale of a controlled substance in the third degree -- "crack" cocaine; and three counts of criminal possession of a controlled substance in the third degree (same drug).

Watson was arrested Tuesday afternoon by Genesee County Sheriff's Deputies.

Watson is currently on parole.

He was jailed on $20,000 cash bail or $40,000 bond.

Uniformed officers of the Genesee County Sheriff's Office assisted Task Force members with the investigation.

Edward J. "Jordan" White, 21, of Michigan Street, Lockport, is charged with one count of criminal sale of a controlled substance in the third degree -- "crack" cocaine; and one count of criminal possession of a controlled substance in the third degree (same drug).

White was arrested Tuesday afternoon by Genesee County Sheriff's deputies.

White, who is also currently on parole, was jailed on $20,000 cash bail or $40,000 bond. 

Uniformed officers of the Genesee County Sheriff's Office assisted Task Force members with the investigation. The Task Force is comprised officers from the Genesee County Sheriff's Office, Batavia Police NET officers, and the Le Roy Village Police Department.

The following people were arrested by the Genesee County Sheriff’s Office during the Nickelback concert at Darien Lake Performing Arts Center on Wednesday:

Kortney R. Howell, 19, of Church Street, Victor, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

A 17-year-old of North Davis Road, Elma, is charged with criminal impersonation, 2nd, after allegedly identifying himself as another person and using their identification.

Nicholas S. Zabmester, 21, of Fernwood Drive, Lockport, is charged with trespass after allegedly jumping a fence to enter the concert venue after being ejected and told not to return.

Andrew C. Denslow, 42, of Pocono Drive, Austin, Texas, is charged with harassment, 2nd, after allegedly pushing a Live Nation employee while attempting to gain entry to the concert venue.

Kimberly Brodsky, 25, of Bank Street, Batavia, is charged with offering a false instrument for filing, 1st, and grand larceny, 4th. Brodsky is accused of filing a falsified application for assistance with the Department of Social Services in May 2016. Brodsky allegedly received $2,423 in benefits as a result of the falsified application.

Susan Jordon, 54, of State Street, Batavia, was charged with two counts of offering a false instrument for filing, 1st, and grand larceny, 3rd. Jordan is accused of submitting falsified applications to the Department of Social Services in August 2016 and in February (2017). As result, Jordan allegedly received $3,105 in benefits. 

Catherine Spink, 52, Genesee Street, Corfu, is charged with 10 counts of offering a false instrument for filing in the first degree and one count of grand larceny, 3rd. Spink is accused of submitting various forms of falsified documentation to the Department of Social Services between March of 2015 and March of 2017, which resulted in Spink receiving $3,756 in benefits.

Arne H. Zipkin, 69, of Woodcrest Drive, Batavia, is charged with petit larceny. Zipkin is accused of shoplifting from Dick's Sporting Goods. Zipkin allegedly stole $97.99 in merchandise.

Grand Jury Report:

Jason C. Lehnortt is indicted on a count of felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation in the first degree, and speeding. Lehnortt is accused of driving drunk May 3. He was allegedly drunk while driving his 2006 Subaru on the Thruway over the posted speed limit through Stafford while on a suspended license. He is alleged to have had a prior DWI conviction in January 2008, making the DWI a felony charge with three prior suspensions or revocations still in effect.