crime

A resident in Alabama near the Iroquois Wildlife Refuge reportedly spotted two men with a pickup bed full of worn tires dumping them in the wetlands at about 10:42 a.m. Thursday and reported it to State Police.

Arrested were James H. Calus, 45, of Medina, and Jerry E. Nichols, 64, of Albion.

Both were issued appearance tickets for an alleged violation of the State's Environmental Conservation Law, section 9-0303, for illegal dumping on state land.

The incident occurred in the area of 1101 Casey Road, Alabama.

Shane Kyle Logan, 45, of Judge Road, Tonawanda Indian Reservation, is charged with assault, 3rd. Logan allegedly struck another person in the face with his fist with intent to cause physical injury.

Renae Ginine Porter, 37, of East Main Street, Batavia, is charged with petit larceny. Deputy Ryan DeLong responded to a complaint of shoplifting in progress at Kohl's Department Store at 4:19 p.m. Monday. Porter was identified as the suspect, located and taken into custody. DeLong was assisted by Trooper Bill Franz and Batavia PD Officer Chris Lindsay.

Jeremy L. Lonnen, 26, of Garland Avenue, Rochester, is charged with aggravated unlicensed operation, 2nd, and failure to use headlights. Lonnen was stopped at 9:51 p.m. Saturday on Holland Avenue, Batavia, by Officer Christopher Linsday. Lonnen was jailed on $1,000 bail.

Nicholas M. Canty, 20, of Law Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Canty was arrested by Officer Stephen Cronmiller following an investigation into an incident where Canty may have been under the influence of drugs at 10:15 a.m. Saturday on Law Street, Batavia.

Barbara E. Ferrando, 46, of Summit Street, Batavia, was arrested on a warrant. Ferrando was located by a probation officer and taken into custody by Batavia PD.

Jaylyn Shayquawn Strong, 22, of Mazda Terrace, Rochester, is charged with aggravated unlicensed operation, 3rd, driving without a license, no stop lights, unlawful possession of marijuana, and aggravated unlicensed operation, 2nd. Strong was arrested on a warrant by the Sheriff's Office and turned over to Batavia PD.

Bobby Lee Mobley, 32, of Swan Street, Batavia, is charged with assault, 3rd, and criminal mischief. Mobley was arrested as a result of an investigation into an incident Aug. 28. Mobley is accused of punching another person numerous times and of damaging property at 574 E. Main St., Batavia. A warrant was issued for Mobley. Officers Marc Lawrence and Nicole McGinnis report they located Mobley hiding in a basement.

Sabrina M. Higgins, 22, of Church Street, Basom, is charged with theft of services and conspiracy, 6th. Also charged, Rae C. Cook, 28, and Latiqua S. Jackson, 25. The three women are accused of eating a meal at Bourbon & Burger Co. in Batavia and then leaving without paying their bill.

Ricky Allen Marsceill, 53, of East Main Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd, and bicycle on a sidewalk. Marsceill was allegedly found in possession of drug paraphernalia after being stopped at 10:06 p.m. Sept. 25 on Main Street, Batavia, by Officer Christopher Lindsay for allegedly riding his bicycle on the sidewalk. In a separate arrest the next day, Marsceill is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. At 12:29 p.m. Tuesday, Marsceill was allegedly found in possession of crack cocaine and drug paraphernalia.

Woodrow C. Horseman, 41, of Ellicott Street, Batavia, was arrested on a warrant for alleged failure to appear. The charge stems from an alleged theft of beer from Tops Market. He was jailed on $5,000 bail.

Tracy D. Pike, 58, of Godfreys Pond Road, Bergen, is charged with harassment, 2nd. Pike allegedly threatened another motorist at 4 p.m. Sept. 13 on East Main Street, Batavia.

Shayla L. Sharrock, 32, of Stowell Drive, Rochester, was arrested on a warrant for alleged failure to appear in City Court. Sharrock was jailed without bail.

Kaila I. Tidd, 32, of Holland Avenue, Batavia, was arrested on a warrant for alleged failure to appear. Tidd turned herself in for alleged failure to appear on building code violations. She posted $250 bail.

Dakota O. Irvin, 26, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear. 

Shane E. Dann, 41, of Swan Street, Batavia, was arrested on a warrant for alleged failure to appear. Dann's vehicle was stopped for an alleged traffic infraction on Washington Avenue by members of the Local Drug Task Force. Dann was ticketed for alleged obstructed view and operating on a suspended license. He was also allegedly found in possession of marijuana and issued an appearance ticket. He was arraigned and released under supervision of Genesee Justice.

Samiria C. Brown, 29, of Carnary Street, Rochester, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge. Brown was stopped for an alleged traffic violation in Greece and turned over to Batavia PD on the warrant.

David L. Hausler, 29, of South Main Street, Batavia, is charged with disorderly conduct. Hausler allegedly threw objects at a vehicle driving past him on South Main Street at 1:29 a.m. on Sunday.

Bryan J. Yockel, 29, of Rochester, is charged with unlawful of marijuana. Yockel was stopped by State Police in Oakfield at 8:49 p.m. on Sunday.

Four months after being sent to prison for 15 years, serial sexual predator Marlek Holmes is back in Batavia today for the start of a trial on a pair of second-degree assault charges.

The charges stem from incidents in the Genesee County Jail.  Holmes is accused of assaulting inmates in the jail. After the second incident in December, Holmes allegedly damaged jail property, so he also faces a criminal mischief charge.

The 43-year-old Holmes, who has already spent 14 years of his adult life in prison, was sentenced in May after agreeing to a guilty plea to attempted criminal sexual act in the first degree 

Holmes was originally charged with Class A felonies of predatory sexual assault and predatory sexual assault against a child. 

Jury selection in this new trial will begin this afternoon.

Holmes appeared in court this morning dressed in a green state prison jumpsuit and escorted by state prison guards. Judge Charles Zambito agreed to delay the start of jury selection a couple of hours to allow Holmes more time to meet with his attorney and to change into civilian clothes before the jury sees him.

Batavia PD released these images today of a larceny suspect. The man in the pictures may have stolen items from a local store. People with information that may assist in the investigation are asked to call Officer Nicole McGinnis at (585) 345-6350.

Michael Alan Shelter, 27, of Lewiston Road, Alabama, is charged with: DWI; driving with a BAC of .08 or greater; criminal possession of a controlled substance, 7th; aggravated unlicensed operation, 2nd; and leaving the scene of a property damage accident. At 2:23 p.m., deputies responded to a report of a motor-vehicle accident on Maple Road, Alabama, where the driver had fled the scene. Deputy Chris Erion and K9 "Destro" were dispatched and Shelter was located not far from the scene of the accident. The incident was investigated by Deputy Eric Meyer.

Aaron Robert Webb, 21, of West Combe Park, West Henrietta, is charged with unlawful possession of marijuana, failure to stop at stop sign and insufficient tail lamp. Webb was stopped at 11:57 p.m., Thursday, on Telephone Road, Pavilion, by Deputy Eric Meyer.

Joshua A. Aughenbaugh, 23, of Junction Road, Pavilion, is charged with endangering the welfare of a child and harassment. Aughenbaugh is accused of holding a child behind a running vehicle in an attempt to prevent the child's mother from putting the vehicle in reverse. Aughenbaugh is also accused of butting heads with the woman and shoving her. He was jailed on $500 bail.

Leaha RaeAnne Wimmer, 25, of Allen Road, Albion, is charged with grand larceny, 4th. Wimmer allegedly stole a debit card and made purchases with it.

A 39-year-old Batavia woman accused of distributing cocaine is likely to avoid a trial and prison time, though some time in jail is still a possibility.

Denielle Mancuso, of West Main Street Road, appeared in County Court this morning on her plea-cut-off day (the last day a defendant has to accept a plea deal before the case goes to trial).

Assistant District Attorney Kevin Finnell said the plea offer of criminal possession of a controlled substance in the fifth degree with a "shock-cap" probation (which means six months in jail or four months of intermittent incarceration followed by five years of probation). 

Her attorney asked that she be evaluated for judicial diversion, which Judge Charles Zambito granted. That means she will be evaluated for the program and if accepted would be instructed in conduct and procedures she would have to follow for a set period of time.

Mancuso was arrested in June following an investigation by the Local Drug Task Force and charged with two counts of criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and one count of criminal nuisance, 1st. 

She is accused of providing cocaine (not necessarily a sale) to an agent of the task force.

She's next due in court Oct. 16. If the judicial division program isn't approved and she doesn't accept the plea offer, a trial is set for Dec. 4.

Jeri Carlton Lobur, 51, of Hoag Avenue, Akron, is charged with unauthorized use of a vehicle and petit larceny. Lobur is accused of using another person's vehicle in Pembroke without permission and then selling power tools that were stored in the vehicle without the owner's permission.  

Dominic Daniel Czerniak, 18, of Wyvil Avenue, Scottsville, is charged with criminal possession of a marijuana, 4th, and speeding. Czerniak was stopped at 6:18 p.m., Monday, on Main Street, Corfu, for an alleged traffic violation by Officer Richard Retzlaff. Czerniak was allegedly found in possession of more than two ounces of marijuana.

Aaron D. Swimline, 31, of Alabama, is charged with felony DWI, speeding and unlawful possession of marijuana. Swimline was stopped at 10:44 p.m. Sunday on Route 63 in the Town of Shelby by State Police.

Marcos Cacho-Velaz, 37, of Depew Street, Rochester, is charged with felony DWI, unlicensed operation, 3rd, refusal to take breath test, failure to dim headlights, and drinking alcohol in motor vehicle. Cacho-Velaz was stopped at 10:28 p.m. Saturday on Alexander Road, Alexander, by Deputy Jeremy McClellan.

Rachel Lynn Crawford, 32, of North Winton Road, Rochester, is charged with aggravated unlicensed operation, 3rd. Crawford was arrested on a warrant for allegedly driving without a license on March 7. She was arraigned in City Court, paid a fine, and was released.

      Lakara Johnson

An apparent domestic dispute led to two motor-vehicle accidents in Batavia yesterday afternoon and resulted in the arrest of a 27-year-old city resident on assault charges for allegedly trying to run over a man in the parking lot of a business on East Main Street.

Lakara D. Johnson, of Highland Park, was charged with attempted assault, 1st, unlawful imprisonment, 1st, and reckless endangerment, 1st.

The incident started when police were called to Main and Center for a two-car accident. By the time police arrived, one of the vehicles had left the scene. Officers then received a report of a second motor-vehicle involving the suspect vehicle. The driver allegedly tried to hit a male who had managed to get out of the vehicle and instead struck a picnic table at the business.

The vehicle again fled the scene and was located on Howard Street.

Johnson was located on Colorado Avenue and taken into custody.

She was arraigned in City Court and released under supervision of Genesee Justice pending further court proceedings.

David Alan Leach, 23, of Morganville Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at stop sign, and driving a motor vehicle on a sidewalk. Leach was charged following the report of a property damage accident at 12:18 a.m. Thursday at 337 Bank St., Batavia. The accident was investigated by Officer Peter Flanagan.

Brian Thomas Resch, 29, of Buffalo Road, Bergen, is charged with criminal mischief, 4th, criminal possession of marijuana, 5th, and unlawful possession of marijuana. At 5:33 p.m. Saturday, the Sheriff's Office received a complaint on Buffalo Road of man who had disabled a phone to prevent a person from seeking emergency assistance. Upon investigation by deputies Ryan DeLong and Richard Schildwaster, Resch was allegedly found in possession of a quantity of marijuana and he was accused of smoking marijuana in a public place.

Derek James Wert, 35, of Tracy Avenue, Batavia, is charged with harassment, 2nd. Wert is accused of pushing another person during an argument at noon Sept. 18 at a location on North Street, Batavia. Wert was also charged with second-degree criminal contempt related to an incident at 7:02 p.m. Wednesday in Austin Park. Wert is accused of violating an order of protection.

Markeda D. Starks, 26, of Highland Park, Batavia, was arrested on a warrant. Starks posted bail and was released.

Adam Ross Atkinson, 29, of Kent Road, Stow, Ohio, is charged with under the influence of narcotics in public. Atkinson was arrested after deputies responded to multiple calls at 6:35 p.m. Friday of a disruptive male at a convenience store in Byron.

Brian R. Barnard, 53, of Leicester, is charged with burglary, 3rd, burglary, 2nd, and criminal mischief. The alleged burglary was reported at 3:08 p.m. Thursday in Le Roy. This is a State Police case. No further information released.

Brandon A. Brott, 20, Jacey L. McGregor, 19, and Jessica H. Shepard, 26, all three of Lockport, are charged with unlawful possession of marijuana. Brott, McGregor, and Shepard were arrested at 3:36 a.m. in the Town of Alabama by State Police.

      Bennie Wright

Bennie "Beans" Wright, 32, of Jay Street, Rochester, was arrested on a sealed indictment Wednesday night at a residence on Maple Street for allegedly selling drugs in the City of Batavia.

Wright was located and identified as a warrant suspect while police were looking for evidence in a shooting earlier in the day on Thorpe Street.

He is accused of selling crack cocaine to an agent of the Local Drug Task Force.

He is charged with criminal sale of a controlled substance and criminal possession of a controlled substance.

Wright was arraigned in Genesee County Court and jailed on $25,000 bail.

Kathleen Mary Barnes, 31, of Gaines Basin Road, Albion, is charged with petit larceny. Following a complaint of shoplifting at the Rite Aid on West Main Street, Batavia, at 12:39 p.m. Wednesday, the suspect vehicle was spotted passing the Sheriff's Office on Park Road and a traffic stop was initiated. It's alleged that Barnes stole $300 worth of dental and oral care merchandise. The driver, Shane Beardsley, was arrested on a warrant. The investigation was conducted by investigators Joseph Graff and Chad Minuto and deputies Chris Erion and Kevin McCarthy.

Elise Mikhalyla Ruckdeschel, 24, of Chestnut Ridge, Buffalo, is charged with DWI, driving with a BAC of .08 or greater and speeding. Ruckdeschel was stopped at 12:46 a.m. today (Sept. 22) in the area of 3194 Route 5, Batavia, by Deputy Howard Wilson.

Ballard Polk Maye, 31, of Maple Street, Batavia, is charged with criminal possession of marijuana, 4th, and headlight violation. Maye was stopped at 9:26 p.m. Tuesday on East Main Street, Batavia, by Richard Schildwaster.

A fourth person was taken away in handcuffs at Maple and Thorpe streets in the city last night, the same location of a police incident yesterday related to a shooting on Evans Street.

Chief Shawn Heubusch said the person detained last night was a warrant suspect located during the police search the area of Thorpe and Maple.

Yesterday, three people were detained in that area after a shooting victim was located in a residence on Evans Steet. One person detained yesterday was a potential suspect and the other two were detained for questioning. 

Heubusch said the department will release more information on the incident later today.

Previously: Person shot in area of Watson and Evans, Batavia

Reader submitted photo taken at Maple and Thorpe last night.

Carl T. Amesbury, 25, of Jerico Road, Bethany, is charged with petit larceny, criminal possession of stolen property, 5th, driver's view obstructed. Following a complaint of a shoplifter from Rite Aid on West Main Street Road, Batavia, Amesbury's vehicle was located and stopped by Deputy Kyle Krzemien and taken into custody for allegedly stealing and possessing $201.99 in men's fragrances. (Previously: Tall man wearing Adidas flip-flops and tan summer clothes reportedly flees Rite Aid with cologne)

Triton A. Drock, 23, of Buell Street, Batavia, is charged with unlawful possession of marijuana and uninspected motor vehicle. Drock was stopped at 6:20 p.m. Sept. 14 on Cedar Street by Officer Mitchell Cowen.

Devin P. Hofert, 21, of Hutchins Street, Batavia, is charged with DWI, running a red light, driving in the wrong direction, and refusal to take breath test. Hofert was stopped at 2:25 a.m. Saturday on School Street, Batavia, by Officer Mitchell Cowen.

Micheal Stephen Ryan, 58, of Bank Street, Batavia, is charged with grand larceny, 4th. Ryan allegedly stole a credit card and used it to make several snack purchases from a vending machine.

Geoffrey M. Anderson, 52, of Wood Street, Batavia, was arrested on a warrant, arraigned in City Court, and released on time served.

Carlton L. Beardsley, 22, of Walnut Street, Batavia, is charged with harassment, 2nd. Beardsley was charged following a report of a domestic incident at 11:49 on Tuesday.

One person is in surgery at ECMC and three other people are being detained following a shooting near Watson and Evans streets, City of Batavia, shortly after 4:30 p.m.

Chief Shawn Heubusch said one of the three people detained is a possible suspect and the other two potential witnesses.

The victim was shot in the wrist and belly. The victim was flown by Mercy Flight to ECMC.

The three people of interest reportedly fled to a house on Maple Street, which was surrounded by police and the three eventually surrendered.  

Police were initially dispatched to a report of several people fighting on Thorpe Street. When they arrived on scene, officers learned of a shooting victim in a nearby house who was seeking medical treatment. Mercy EMS was called to the scene.

Heubusch said more information will be released when it becomes available.

Robert E. Wright, 35, no permanent address, is charged with resisting arrest, obstruction of governmental administration, criminal possession of a narcotic/drug with intent to sell, criminal possession of a narcotic/drug, unregistered motor vehicle, driving without insurance, aggravated unlicensed operation and two counts of unsafe tires.  Wright was arrested following a complaint at 8:46 a.m. Saturday in the area of 563 E. Main St., Batavia, of a man slumped over the steering wheel of a car. At the scene, Wright led officers on a brief foot pursuit. He was also wanted by the Department of Corrections. Wright was ordered held without bail.

Tonya M. Cragg, 38, of Church Street, Tioga, Pa., is charged with criminal use of drug paraphernalia, 2nd, and criminal possession of a controlled substance, 7th. Cragg was allegedly found in possession of a controlled substance at 8:46 a.m. Saturday in the area of 563 E. Main St., Batavia. She was released on an appearance ticket.

Carla Faye Ewell, 59, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater and inadequate headlamps. Ewell was stopped at 12:40 a.m. Sept. 9 on East Main Street, Batavia, by Officer Felicia DeGroot.

Earl R. Benson, 51, of South Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and driving on the wrong side of the median. Benson was stopped at 9:56 p.m. Sept. 8 on East Main Street, Batavia, by Officer Christopher Lindsay.

Madison Alyssa Scheurlein, 19, of Overlook Drive, Batavia, is charged with petit larceny. Scheurlein allegedly stole two items from Kohl's valued at $72.

A larceny of cologne just occurred at the Rite Aid on West Main Street Road, Batavia. The suspect fled the store and left in a vehicle, unknown type or description, but possibly black in color. Unknown direction of travel.

The suspect is described as a white male, 6' tall, wearing tan shorts and top and "Adidas flip-flops." Store personnel say they have the theft on video. Law enforcement is responding. 

Charles S. Ganoung IV is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on March 25 in the 6300 block of Transit Road in the Town of Byron that Ganoung possessed an assault weapon. According to the indictment, it was a DPMS Panther Arms semiautomatic .223-caliber rifle, equipped with a telescoping stock, pistol grip, detachable high-capacity magazine, loaded with 28 live rounds, flash suppressor/muzzle break and a bayonet mount. In count two, he is accused of the same crime for also allegedly possessing a large capacity ammunition feeding device. The indictment says it was a large capacity .223-caliber magazine loaded with 28 live .223-caliber rounds.

Tawny L. Collazo is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on May 25 in the Town of Pembroke that Collazo drove a 2013 Dodge on Route 5 while in an intoxicated condition and while a child 15 years of age or less was a passenger. In count two, she is accused of aggravated DWI, per se, as a Class E felony. In is alleged in count two that she had a BAC of .08 or more at the time with passenger age 15 or under. In count three, Collazzo is indicted for the crime of aggravated DWI as a Class E felony for allegedly driving while intoxicated while a second child age 15 or less was a passenger. In count four, she is again accused of aggravated DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time with a second passenger age 15 or younger.

Michael J. Wojdyla is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 3 in the Town of Darien that Wjodyla drove a 2009 Chevrolet on Main Park Road while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time.

The man who robbed the Key Bank branch in Batavia at the end of last year and got away with $10,275 isn't expected to get out of prison before 2025.

Joel Zsebehazy, 33, an Iraq War veteran from Niagara Falls, was sentenced to three to six years in prison by Judge Charles Zambito in County Court this morning.

Attorney Lisa Kroemer, from the Public Defender's Office, requested a two-to-four-year prison term for her client after noting that Zsebehazy was on parole at the time of the robbery, so he now owes the state prison time before he can start serving a sentence on the Key Bank robbery. 

"Given that fact, he's going to be serving a lot of time anyway," Kroemer said.

Zsebehazy apologized for his actions.

"I realize there is no excuse to justify what I did," Zsebehazy said. "I know what I did was wrong. I knew when I went into the situation it was wrong. I know it negatively impacted more people than just myself."

He then apologized to the teller and the court for his crime.

After the robbery, Zsebehazy fled the state. He was eventually located in Lousiana and brought back to Batavia on the bank robbery charge. During his travels, Zsebehazy said, he started attending AA meetings and going to church and felt like he was getting his life back on track.

"I've been making progress in my life," Zsebehazy said. "I know that in no way excuses myself and I stand here ready to make amends in any way I can."

Zambito said he wasn't moved by either the fact that Zsebehazy will spend an even longer time in prison because he was on parole at the time of the robbery or that he was getting his life together. The fact is, Zambito said, he robbed a bank and had to be chased down in order to be brought to justice.

"To say that this has been an opportunity to start a new life by robbing a bank is something I find incredible," Zambito said.

Zambito said Zsebehazy had already received a substantial break on potential prison time when he was offered a plea deal that capped his sentence at three to six years.  To cut it any further wouldn't fit the crime, he said.

Zsebehazy was ordered to start making payments toward restitution while he's incarcerated. Kroemer tried to convince Zambito to delay restitution payments until Zsebehazy is out of prison because Zsebehazy will receive such a minimal allowance for toiletries, writing paper, and other personal items while in prison that any restitution payment would make it difficult for him to obtain necessities. 

She suggested that lack of money for these items is why some prisoners turn to "less than legal activity" in prison.

District Attorney Lawerence Friedman said Zsebehazy should start paying restitution immediately and that prison officials have a formula to take only a portion of a prisoner's money for restitution payments so they still can buy necessities from the prison store.

Zambito agreed.

Photo: file photo