crime

   Jeremy Armstrong

A 26-year-old man wanted in connection with a shooting on Jackson Street on Dec. 2 has been located in East Hartford, Conn., and taken into custody.

Jeremy R. Armstrong is being held in Connecticut pending extradition following his arrest Feb. 28.

He is wanted on charges of second-degree attempted murder and criminal use of a firearm, 1st. 

Police say Armstrong fired several shots at close range.

He allegedly shot a person while on Jackson Street and the two men reportedly knew each other.

According to sources, the victim suffered shoulder and chest wounds. He was treated first at UMMC and then transferred to ECMC.

Armstrong was located in East Hartford outside the residence of a family member, according to police. He was taken into custody without incident.

"City detectives have been working closely with the East Hartford, Connecticut, Police Department after learning Armstrong may have been in that area," the police said in a statement.

Also assisting in the investigation and attempt to locate Armstrong were Connecticut police in South Windsor, Hartford, and New Britain, as well as the Genesee County Sheriff’s Office and the New York State Police.

Batavia PD said no further information would be released since this is a pending investigation.

Individuals with information that may assist in the investigation are asked to call Det. Eric Hill (585) 345-6373, Det. Thad Mart at (585) 345- 6372, or the confidential tip line at (585) 345-6370.

A 32-year-old Depew woman is in custody today after allegedly leading police on a high-speed chase through Corfu, the Town of Batavia and into the City of Batavia where the reportedly stolen car she was driving hit a spike strip before crashing into a tree.

Kimberly A. Genson, of Lancer Court, Depew, is charged with criminal possession of stolen property, 4th, unlawful fleeing a police officer and reckless driving.

The chase started after Deputy Rachel Diehl was dispatched to the Corfu area to investigate a complaint of erractic driving.

Diehl spotted a vehicle fitting the description, a black SUV, heading eastbound at a high rate of speed on Route 33. Diehl activated her emergency lights, but rather than stop, the vehicle sped up, according to the Sheriff's Office report. Diehl initiated a pursuit and backup units responded.

Spike strips were deployed on Pearl Street in the City of Batavia. The strips caused the vehicle to slow down, but it continued and tried to negotiate a turn onto South Main Street where the driver lost control and the vehicle struck a tree. 

The Sheriff's report includes no mention of any possible injuries.

The vehicle had been reported as stolen earlier in the day in Buffalo.

The investigation is ongoing and being conducted by Diehl, Deputy Ryan Long, Deputy Rich Schildwaster and Sgt. Jason Saile. Assisting at the scene were Batavia PD, State Police, City fire and Mercy EMS.

Genson was arraigned this afternoon in Town of Batavia Court and jailed on $25,000 bail or $50,000 bond.

Photo submitted by Samantha Schoener.

(initial report)

There was a police chase that ended last night around 10:30 p.m. on South Main Street, Batavia, when the suspect vehicle hit a tree.

We've been waiting for a press release from the Sheriff's Office, but the suspect apparently hasn't been arraigned yet so it hasn't been released. We won't have further information until that's released.

Reader-submitted photo.

A Corfu resident charged under Leandra's Law will get a chance at rehabilitation after appearing in County Court yesterday on charges stemming from his arrest in May. 

Cody Bedard was initially charged with felony DWI, driving under the influence of drugs and alcohol, and endangering the welfare of a child.

His 4-year-old son was allegedly in the car with him.

Bedard has been through treatment with the Horizon Health Treatment program following good reports on Bedard becoming employed and abstaining from drugs and alcohol.

The one nick on Bedard's record was leaving the county without permission to attend his son's hockey game in Monroe County.

Judge Charles Zambito adjourned Bedard's sentencing pending treatment for 60 days at Oxford House in Erie County.

"I’m giving you the opportunity to prove to me that you don’t deserve to go to prison," Zambito said.

His next court date is scheduled for May 8th.

Our news partner WBTA contributed to this story.

   Eric Brumstead

A 55-year-old Leicester man involved in a serious-injury motorcycle accident after the Heart concert at Darien Lake on July 27 has been charged with three felonies following the completion of an investigation into the incident by the Sheriff's Office.

Eric R. Brumstead, of South Main Street, Leicester, is charged with two counts aggravated vehicular assault and aggravated unlicensed operation, 1st.

Brumstead was allegedly driving his Harley-Davidson with a BAC greater than .18 percent and had a prior DWI conviction within 10 years.

According to the Sheriff's Office, Brumstead failed to stop for deputies who were directing traffic and then continued eastbound on Sumner Road at a high rate of speed. He failed to negotiate a curve in the roadway near Walker Road.

Both Brumstead and a passenger were ejected from the bike and both were flown by Mercy Flight to Strong Memorial Hospital in Rochester.

Upon his arrest, Brumstead was jailed pending arraignment in County Court.

The accident was investigated by Deputy Ryan DeLong and the Livingston County Sheriff's Office.

Brandon L. Doward, 32, of Ellicott Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Doward was arrested on a warrant following an investigation by the Local Drug Task Force. He is accused of selling crack cocaine.

Paul W. Zeches, 28, of Bank Street, Batavia, is charged with unlawful possession of marijuana. Police came into contact with Zeches (circumstances not released) at 8:40 p.m. on Feb. 23 at 160 Bank St., Batavia, and Zeches was allegedly found in possession of marijuana.

Dustin W. Bogue, 35, of Tracy Avenue, was arrested on a warrant. The nature of the warrant was not released. 

Richard D. Nagel, 34, of Savage Road, Holland, is charged with controlled substance outside original container and criminal mischief, 3rd. Nagel was arrested following an investigation into an alleged domestic incident at 8:57 a.m., Feb. 26. Nagel allegedly broke a mobile phone belonging to a former girlfriend.

Justin T. Stephenson, 32, of Hutchins Street, Batavia, is charged with disorderly conduct. Stephenson allegedly yelled obscene and abusive language while in a populated, residential area, at 5:34 a.m., Feb. 25, on Hutchins Street. He was jailed on $250 bail. He was also arrested on a warrant from 2014.

Nathen E. Brege, 24, of South Main Street, Batavia,  is charged with obstructing governmental administration, 2nd, resisting arrest and endangering the welfare of a child. The charges stem from an alleged domestic incident reported at 6:48 p.m., Feb. 26, on South Main Street, Batavia. When police responded, he allegedly attempted to flee and began to fight the officers. He was also arrested on a warrant stemming from an aggravated unlicensed operation, 3rd, charge. He was jailed on $1,500 bond. 

Jacob L. Hernandez, 22, of Pearl Street, Batavia, is charged with criminal contempt, 2nd. Hernandez allegedly violated a complete stay away order. He was also charged with harassment, 2nd, following a report of an alleged fight involving several people on Liberty Street at Sumner Street at midnight Feb. 26.

Kelly Ann McDonald, 50, of Kingsbury Avenue, Batavia, is charged with felony DWI. McDonald was stopped at 4:43 p.m. Wednesday on West Main Street by Officer Mitchell Cowen.

Tyler Michael Frumusa, 20, of West Ham Circle, North Chili, is charged with unlawful possession of marijuana and driver's view obstructed. Frumusa was stopped for an alleged traffic violation at 1 p.m., Feb. 22, on Lake Street, Town of Le Roy, by Deputy Ryan DeLong.

A Batavia woman is upset after her 5-year-old beagle Shar-Pei mix was attacked by another dog on State Street last week not only because her dog was injured, but because there was also a recent report of the same dog biting a person earlier in the month.

The dog reportedly bit a person inside of its home on State Street on Feb. 7, according to the owner of the dog that was attacked, who lives on State Street, and a member of law enforcement familiar with the incident. 

Angelina Pellegrino posted about the attack on her dog on social media on Tuesday. 

"Ridiculous that while walking my dog innocently with her harness and leash yesterday I had to witness the horror of my dog getting attacked unprovoked by an unleashed dog," Pellegrino wrote.

Her dog suffered four puncture wounds that had to be treated and the dog has been placed on antibiotics.

"I just kept screaming at the top of my lungs in the middle of the sidewalk," Pellegrino told The Batavian this morning. "I kept trying to get between the dogs to pick my dog up to no avail."

Pellegrino is also upset that the owner of the dog denied that his dog attacked her dog.

"(The) owner insists to the police that his dog did nothing," she said.

According to sources, the dog's owner was cited for letting a dog run off leash. We don't have information on the owner this morning because Assistant Chief Todd Crossett said he would not release the arrest report until a later date with other arrest reports.

"The sad thing is is the cops told me that there is nothing they can do about a dog that attacked their owners or continues to attack their owners," Pellegrino said. "It does not matter. Only what matters is the fact that now the dog attacked my dog and it has to continually attack other people or things for anything to be done."

The Sheriff's Office is investigating an assault on a female store employee at the Arrow Mart in East Pembroke the night of Feb. 25, Chief Deputy Jerome Brewster confirmed this morning.

The attack was reported about 8:25 that night.

A female employee said she was returning to the back door after dropping some cardboard in a dumpster. Brewster said the assailant punched her in the head.

The victim was medically examined and released. 

She said she punched her attacker several times. Investigators also took swabs of her hands and they are awaiting lab results.

There was no sexual assault, Brewster said.

Deputies search the area after the report and did not find the suspect and there were no surveillance cameras that captured events or the suspect.

The suspect is described as a tall, heavy-set male wearing all dark clothing and a hood. He headed south on Reed Road. The suspect may have facial cuts or bruises as a result of the confrontation.

Brewster said there have been no similar reports in Genesee County.

The investigation is ongoing.

People who might be able to provide additional information are asked to call the Sheriff's Office at (585) 343-5000.

Jonathan E. Seiger is indicted on 18 counts, 17 of which are Class E felonies and one is a Class A misdemeanor. In count one, he is accused of the crime of fourth-degree grand larceny, a Class E felony. It is alleged that between Aug. 5 and Nov. 15 in the Town of Le Roy, Seiger stole property -- U.S. currency -- with a value exceeding $1,000. In counts two through nine, the defendant is indicted for the crime of criminal possession of stolen property in the fourth degree for allegedly knowingly possessing stolen property with intent to benefit himself or a person other than the owner, or to impede the recovery of the property -- in this case, an ATM card -- by an owner of it. In counts 10 through 17, Seiger is accused of the crime of identity theft in the third degree. It is alleged in counts 10 through 17 that on various dates in August and in November, the defendant knowingly and with intent to defraud, Seiger assumed the identity of another person by presenting himself as that person, or by acting as that person by using personal identifying information of that person, and thereby obtained goods, money, property or services or used credit in the name of the person, causing financial loss to the person. In count 18, Seiger is accused of the misdemeanor crime of fifth-degree conspiracy for intentional conduct that constituted a felony to be performed, and he agreed with one or more people to engage in or cause the perfomance of such conduct.

Scott H. Spencer is indicted on 18 counts, 17 of which are Class E felonies and one is a Class A misdemeanor. In count one, he is accused of the crime of fourth-degree grand larceny, a Class E felony. It is alleged that between Aug. 5 and Nov. 15 in the Town of Le Roy, Spencer stole property -- U.S. currency -- with a value exceeding $1,000. In counts two through nine, the defendant is indicted for the crime of criminal possession of stolen property in the fourth degree for allegedly knowingly possessing stolen property with intent to benefit himself or a person other than the owner, or to impede the recovery of the property -- in this case, an ATM card -- by an owner of it. In counts 10 through 17, Spencer is accused of the crime of identity theft in the third degree. It is alleged in counts 10 through 17 that on various dates in August and in November, the defendant knowingly and with intent to defraud, Spencer assumed the identity of another person by presenting himself as that person, or by acting as that person by using personal identifying information of that person, and thereby obtained goods, money, property or services or used credit in the name of the person, causing financial loss to the person. In count 18, Spencer is accused of the misdemeanor crime of fifth-degree conspiracy for intentional conduct that constituted a felony to be performed, and he agreed with one or more people to engage in or cause the perfomance of such conduct.

Kayleigh J. Allen is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Nov. 26 in Town of Batavia that Allen drove a 2012 Chevrolet on Route 98 while in an intoxicated condition. In count two, she is accused of DWI, per se, as a Class E felony, for the same crime while having a BAC of .08 percent.

      Leonard Aguayo

Members of the Local Drug Task Force say they observed a possible drug transaction in the City of Batavia so they conducted a traffic stop on a vehicle driven by the man they suspected of dealing drugs.

Stopped was Leonard E. "LB" Aguayo, 30, of Affinity Lane, Rochester.

Investigators say they found Aguayo in possession of more than a half-ounce of crack cocaine with an estimated street value of $4,000, a quantity of marijuana and cash. 

Aguayo was also allegedly driving on a suspended driver's license.

He was charged with two counts of criminal possession of a controlled substance, 3rd, unlawful possession of marijuana and aggravated unlicensed operation.

Other charges may be forthcoming.

He was arraigned in City Court and jailed without bail.

Officers with Batavia PD assisted in the arrest.

The 25-year-old mother who left her twin sons home alone in their State Street home the night of May 20 when a fire broke out taking their lives entered a guilty plea in Batavia Town Court today to a single count of endangering the welfare of a child.

Michael and Micah Gard were left alone while Heather Ace went out to meet with friends and by her own statement later to police took the opportunity to smoke marijuana and drink an alcoholic beverage.

Her mother called her frantically that night to tell her about the fire and Ace rushed home in hysterics, according to reports.

With her guilty plea, Ace faces a sentence of either probation or a year in jail.

Via our news partner WBTA.

Photo submitted by the New York State Police

     Nicholas Price

Nicholas Price, 29, of Batavia, was arrested in connection with a hit-and-run accident that happened Jan. 27 in the Town of Bennington.

According to the original report, around 11:50 a.m. a black Hyundai Accent was traveling eastbound when it went off the road on Route 354 in the Hamlet of Cowlesville. 

The car was said to have struck a mailbox, then a red GMC Sierra pickup truck before coming to rest against a tree. 

The driver is accused of fleeing the scene and driving the Hyundai eastbound with extensive damage to the front end.

On Feb. 17, New York State Troopers responded to a medical call on Halstead Road in the Town of Batavia. While at the scene, troopers say they saw a black Hyundai Accent with front end damage similar to what was reported in the Cowlesville incident. 

Upon further investigation, and evidence collected from the scene, officers say they were able to match the suspect vehicle to the original accident.

Subsequently, Price was charged Feb. 24 with: criminal mischief in the fourth degree;leaving the scene of property damage accident; reckless driving; moving from lane unsafely; and driving across hazard markings.

He is due in the Town of Bennington Court sometime in March.

See related: Police seeking information in hit and run collision in Cowlesville

Bradley J. Broadbent’s criminal activity dates back to July 2012 in Genesee County. 

On Jan. 10, the 37-year-old Batavia man was found guilty on drug charges following a three-day jury trial in Wyoming County Court. 

On Feb. 23, he was sentenced to a determinate sentence of 10 years in prison with one-and-one-half years of post-release supervision on each count of criminal sale of a controlled substance in the third degree and one count of criminal possession of a controlled substance in the third degree, to run concurrently.

On Jan. 14, 2016, Broadbent possessed and sold 13 bags of heroin laced with the horse tranquilizer Xylaxine to a confidential informant in the Village of Perry. 

He was arrested in June on those charges during the Wyoming County Drug Task Force Operation Spring Sweep. 

According to District Attorney Donald O’Geen, prior to his sentencing last week he admitted that he should be sentenced as a second felony drug offender with a prior violent felony conviction. 

In 2012, Broadbent was indicted on three counts of criminal mischief in the fourth degree, criminal trespass, burglary in the second degree, and petit larceny. 

In February last year he was charged with false personation, criminal possession of a controlled substance in the seventh degree, criminal use of drug paraphernalia and possession of hypodermic needles, following a traffic stop on Route 33, Stafford.

In addition to his charges in Wyoming County, he was also arrested in June by the Genesee County Local Drug Enforcement Task Force on charges stemming from an April 24 incident in the Genesee County Jail.

“Heroin is an extremely dangerous drug that is highly addictive,” O’Geen said. “This case demonstrates how dangerous heroin is. To sell heroin, let alone lace it with a horse tranquilizer is reckless.

“On a weekly basis our office sees the devastating effects of heroin on our community. The sentence handed down today sends a clear message that those defendants that deal heroin and prey on people’s addictions will be brought to justice and held accountable.”

See related: Drug dealer found guilty of selling heroin laced with a horse tranquilizer

Nicholas Anthony Esposito, 31, of North Street Road, Le Roy, is charged with criminal mischief, 3rd, menacing and harassment, 2nd. Esposito was reportedly involved in an incident at 2:55 p.m. Friday in the parking lot of Walmart where he allegedly damaged the property of another person, struck the owner of that vehicle with a closed fist and placed a woman in the vehicle in fear of physical injury.

Tomy Lee Velasquez, 24, of Fisher Road, Warsaw, is charged with obstructing governmental administration, 2nd, false personation, aggravated unlicensed operation, 2nd, and rental vehicle without an ignition interlock device, and loud muffler. Velasquez was stopped Feb. 20 for an alleged traffic violation by Le Roy PD.

Cassy Drury, 23, of Myrtle Street, Le Roy, is charged with two counts of rape, 3rd. Drury, being a person over 21, allegedly had sexual intercourse with a person under 17 years old between Jan. 16 and Feb. 20. She was released under supervision of Genesee Justice.

Douglas Edward Artman, 26, of Alleghany Road, Darien, is charged with unlawful possession of marijuana and speeding. Artman was stopped at 7:44 p.m. Thursday on Route 77, Darien, by Deputy Eric Meyer. He was allegedly found in possession of a marijuana smoking pipe containing marijuana.

Edward Jordan White, 21, of Michigan Street, Lockport, is charged with criminal use of drug paraphernalia, 2nd, unlawful possession of marijuana and aggravated unlicensed operation, 2nd. White, who is currently on parole, was stopped by Batavia police officers after being observed driving in the city. During the traffic stop he was allegedly found to have a suspended license and in possession of marijuana and drug paraphernalia. He was jailed on $5,000 cash or $10,000 bond. The Local Drug Task Force assisted in the investigation.

Billy Joe Johnson, 39, of West Main Street, Batavia, is charged with forcible touching. Johnson allegedly forcibly touched the intimate parts of another person while in a store on Veterans Memorial Drive at 9:15 p.m., Feb. 14.

Sergio Antonio Forte, 51, of Myrtle Street, Le Roy, was arrested on a warrant stemming from a charge of unauthorized of a use of a vehicle, 2nd. Forte turned himself in at the Sheriff's Office on the warrant. He was jailed without bail.

Jerald Alfred Shuler III, 23, of Summit Street, Batavia, is charged with unlawful possession of marijuana, unlicensed operator, aggravated unlicensed operator in the third degree, and having a suspended registration. The charges stem from a traffic stop at 6:05 p.m. on Feb. 8 on West Main Street, Batavia, during which it was allegedly determined that the vehicle Shuler was driving had a suspended registration and that his driver's license was also suspended. During the investigation, he was allegedly found to be in possession of marijuana, located inside his vehicle. He was issued appearance tickets for Batavia City Court on Feb. 21. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

Maurillo C. Osorio, 32, of South Main Street, Batavia, is charged with: DWI; aggravated DWI -- per se with a BAC of .18 percent; unlicensed operator; open container of alcohol in a motor vehicle; and failure to keep right. Osorio was arrested at 1:56 a.m. Feb. 19 on West Main Street in Main Street in Batavia. He was jailed on $2,500 cash bail or bond. He was due in court on Feb. 21. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Bolles.

Summer Lynn Haskins, 23, of Old Creek Road, Alexander, is charged with DWI, operating a motor vehicle with a BAC of .08 percent or higher, and having no or inadequate headlamps. She was arrested at 12:57 a.m. on Feb. 20 on Ellicott Street in Batavia following a traffic stop for an equipment violation. She was issued appearance tickets for March 1 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Matthew Wojtaszczk.

Keith J. McKenzie, 50, of Lewis Avenue, Batavia, is charged with DWI, making an improper right turn, and refusal to take breath test. He was arrested at 6:35 p.m. on West Main Street in Batavia following an investigation into an erratic operation complaint and subsequent traffic stop. He was arraigned then released on his own recognizance. He was due in City Court today (Feb. 22). The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Mitchell Cowen.

Tatiana C. Lugo, 22, of Hutchins Street, Batavia, is charged with third-degree menacing. Lugo was arrested at 8:53 a.m. on Feb. 15 after a domestic incident in which she allegedly threatened to cut the victim's hair off and do bodily harm. She was arraigned then released under supervision of Genesee Justice. She is due in City Court on March 16. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Kevin DeFelice.

William A. Andrews, 37, of Brooklyn Avenue, Batavia, is charged with second-degree criminal contempt and three counts of endangering the welfare of a child. He was arrested at midnight on Feb. 18 following an incident on Brooklyn Avenue. He allegedly violated two orders of protection by being present at the residence. Andrews was jailed without bail and was due in City Court on Feb. 21. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Eric Foels.

Emily A. Andrews, 38, of Brooklyn Avenue, Batavia, is charged with three counts of endangering the welfare of a child. She was arrested at 2:33 a.m. on Feb. 18 as the result of an unspecified incident that allegedly occurred at a residence on Brooklyn Avenue earlier in the evening. She was jailed on $2,000 cash bail or $4,000 bond and was due in City Court Feb. 21. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Tyler D. Price, 24, of Liberty Street, Batavia, is charged with fourth-degree criminal mischief and second-degree criminal contempt. On Feb. 18 at 3:45 p.m., Batavia police responded to a Liberty Street address for a distrubance call. An investigation found that Price allegedly came to the residence, attempted to enter it and in the process damaged a rear-door window, violating a stay away order of protection. On Feb. 19, he was located on Liberty Street and taken into custody. He is due in City Court on Feb. 28. The case was handled by Batavia Police Officer Arick Perkins.

Brenden Michael Mullen, 31, of Batavia Elba Townline Road, Batavia, is charged with second-degree harassment. Mullen was arrested at 9:18 p.m. on Feb. 17 following an investigation into a domestic incident wherein it is alleged that he sent numerous unwanted and threatening text messages and phone calls. He was arraigned and released and was due in City Court Feb. 21. Mullen was also arraigned on a City Court arrest warrant for failing to appear for two traffic tickets, operating with a suspended vehicle registration and having an uninspected motor vehicle. He was also due in court Feb. 21 to answer those charges. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Arick Perkins.

Vincent A. Sanfratello, 51, of Liberty Street, Batavia, is charged with petit larceny. He was arrested at 8:10 p.m. on Feb. 10 for allegedly stealing a magazine from Southside Deli on Ellicott Street in Batavia. He was issued an appearance ticket for Feb. 21 in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Timothy R. Johnson, 35, of Monroe Street, Silver Creek, was arrested on a bench warrant out of City Court on Feb. 18. It was issued after he failed to appear for sentencing on a conviction for fourth-degree criminal mischief, an incident which occurred on March 3, 2011. Johnson was jailed on $1,000 cash or $2,000 bond and was due in court on Feb. 21. The case was handled by Batavia Police Officer Christopher Lindsay.

Eric MacKenzie Smith, 31, of Iroquois Road, Caledonia, was arrested on a Batavia PD bench warrant for failing to comply with court-ordered treatment and turned over to Officer Jamie Givens at 10:29 a.m. on Feb. 21. He was jailed in lieu of $500 bail and was due in court this afternoon (Feb. 22).

Paris J. MacCrimmon, 24, of Whitney Avenue, Niagara Falls, was arrested on Feb. 20 on a bench warrant issued by Batavia City Court. It was issued after the defendant failed to appear at a scheduled court appearance. MacCrimmon was jailed on $100,000 cash bail or bond and was due in court on Feb. 21. The case was handled by Batavia Police Officer Christopher Lindsay.

Tyrone L. Richardson, 41, of Brooklyn Avenue, Batavia, was arrested on a bench warrant at 7:15 p.m. on Feb. 13. It was issued after he failed to appear for a scheduled court appearance stemming from an incident on Nov. 5, 2015. He was jailed on $1,000 cash bail or $2,000 bond and was due in City Court on Feb. 14. The case was handled by Batavia Police Officer Christopher Lindsay.

Henry L. Banks, 46, of Ross Street, Batavia, was arrested on Feb. 18 on Ross Street on a bench warrant out of City Court for failure to appear on unspecified charges. He was released on his own recognizance and was due in court today (Feb. 22). The case was handled by Batavia Police Officer Nicole Salamone, assisted by Mitchell Cowen.

NYS Justice Center for the Protection of People with Special Needs Special Prosecutor Patricia E. Gunning announced an employee of the NYS School for the Blind in Batavia was arrested Feb. 21 for harassing and endangering three children in his care.

Kenneth L. Darch, 57, of Hutchins Street, Batavia, is charged with three counts of endangering the welfare of a child in the second degree, a Class A misdemeanor, and two counts of harassment in the second degree -- with physical contact, a violation.

The charges stem from an investigation into an incident on July 28 in which the defendant allegedly struck two of the children on an outing to Blondie's Sip-n-Dip, an ice cream/yogurt stand on East Main Street in Batavia, and used abusive language against them. The defendant additionally is alleged to have taunted all three by directing their bus driver to take them to the local jail, with the threat of incarceration.

The NYS School for the Blind is operated by the State Education Department. Darch, a recreation therapist, was arraigned before Judge Robert Balbick of Batavia City Court and is scheduled to reappear in court March 7. Darch has been placed on administrative leave.

“People with special needs should never be intimidated, frightened or harassed by the very people who are responsible for caring for them,” said Special Prosecutor Gunning. “This case came to light because a conscientious employee witnessed the alleged abuse and reported it. We are grateful to those who step up and call out workers who choose to taunt and threaten children instead of doing their jobs, like this defendant is alleged to have done.”

Supervising Assistant Special Prosecutor Jennifer A. Whitman is prosecuting the case. Batavia Police Officer Marc Lawrence handled the case, with assistance from the Justice Center.

Billy Joe Trantham, 78, of Bloomingdale Road, Alabama, is charged with forcible touching. On Feb. 18, following the investigation of a sex offense that allegedly occurred in the Town of Alabama, Trantham was arrested. He allegedly touched the intimate parts of another person without the person's consent. He was released on an appearance ticket and is to be in Alabama Town Court at 2 p.m. on March 2. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Kevin Forsyth.

A complaint that a vehicle allegedly ran another vehicle off the road almost causing an accident, on Route 19 in Le Roy, led to a traffic stop of 32-year-old Brandon S. Beil, of 6370 Hawks Road, Pavilion by the Le Roy Police Department. The complaint was received on Saturday Feb. 18 about 7 p.m., at which time the Le Roy Police Department started looking for Beil’s vehicle and located it on Clay Street where the vehicle stop was initiated. During the stop, it was determined that Beil was allegedly intoxicated; he was uncooperative during the arrest process and allegedly struggled with the officers at the scene. Beil allegedly refused all field testing and the chemical test. Beil was charged with one count each of inadequate head lights, felony driving while intoxicated (with previous conviction within 10 Years), refusal to take the breath test, failure to keep right and resisting arrest. Beil was arraigned before the Le Roy Town Court and committed to the Genesee County Jail in lieu of $5,000 cash bail.     

Next month, nearly a year after he was arrested and accused of menacing a police officer, Bill Thomas will find out when his jury trial on the two felony charges against him begins.

Thomas withdrew his prior guilty plea to a count of criminal possession of a weapon, 3rd, today. He was also charged with menacing a police officer, a Class D violent felony.

He was arrested March 16. He will next appear in court on March 13.

In the intervening months, he's been through three attorneys, was about to start a jury trial but then entered a guilty plea on the day the trial was supposed to start, then at his first sentencing date, tried to withdraw his plea. That wasn't allowed and then again, last week, appeared for sentencing only to learn from Judge Michael Mohun that there was a procedural error by the court when his guilty plea was accepted.

Thomas was given time to confer with his attorney, his family and think over his options, which included withdrawing his plea and taking his case to a jury or sticking with his guilty plea and accepting whatever sentence Mohun might impose.

This afternoon, Mohun granted Thomas his request to withdraw his prior guilty plea.

Attorney Jamie Welch said he doesn't discuss ongoing cases and declined to say why Thomas decided to withdraw his plea.

One salient fact that came out last week at the sentencing hearing, before Mohun put a stop to it, was that even though Officer Peter Flanigan said he was threatened by Thomas while Thomas was holding a knife, there was no knife recovered on or near Thomas after he was arrested.

Four hours after the confrontation, Thomas was found to have a BAC of .22 and said he had few memories of events that early morning on State Street, but maintained he wouldn't have threatened a police officer, according to statements Welch made in court last week.

The Genesee County Sheriff’s Office filed charges Feb. 16 against Nicole K. Sullivan in relation to a one-car accident that occurred during the early morning hours of June 10.

Sullivan, 31, of Perry, is charged with: falsely reporting an incident in the third degree; unlicensed operator of a motor vehicle; aggravated unlicensed operation of a motor vehicle in the third degree; operation of an unregistered motor vehicle; failure to notify the Department of Motor Vehicles of change in address; no seat belt; and driving left of pavement markings.

On June 10, at approximately 2:25 a.m., an accident on Fargo Road, Stafford, was reported. When deputies arrived on the scene, they say they found a male, later identified as Zachery W. Schwartz, 20, unresponsive in the vehicle and a female, Sullivan, on the front porch at a nearby home.

At the time, Sullivan told officers that there was a third occupant, who was driving the car, and fled the scene, traveling north on Fargo Road.

Schwartz was flown via Mercy Flight 5 to Strong Memorial Hospital, Rochester, for extensive head injuries. Sullivan was taken via Mercy ambulance to Strong for head and leg injuries.

Fire personnel conducted a thorough search on foot of the surrounding areas using FLIR Technology (thermal imaging) in an attempt to locate the unknown driver involved in the crash. The New York State Police assisted by maintaining a roving perimeter of the area. Area hospitals were also notified to call the Genesee County Sheriff’s Office if they received any potential car accident patients.

Approximately three hours after the accident was reported, Sullivan admitted to police that she and Schwartz were the only occupants in the vehicle and she was the driver.

The charges stem from the allegation that Sullivan was in fact the driver of the car at the time of the collision and she gave false information concerning the details of the incident. It is further alleged that there was not an unknown driver of the car who fled the scene as originally reported by Sullivan.

Assisting at the scene of the accident included Stafford, Batavia, and Le Roy fire departments, Genesee County Emergency Management, and Mercy medics.

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