crime

Justine D. McWethy, 28, of South Main Street, Batavia, is charged with grand larceny, 2nd. McWethy is accused of stealing $80,000 from a business at 56 Harvester Ave., Batavia. McWethy was arrested on a warrant after being found to be a passenger in a car stopped by a Batavia PD patrol. The alleged theft was reported Nov. 11. McWethy was also arrested by Deputy Joseph Corona on a warrant for alleged failure to appear on a petit larceny charge. On that arrest, she was jailed on $500 bail or $1,000 bond. On the grand larceny charge, she was jailed without bail.

Alfred A. Panepinto, 59, of Ellicott Avenue, Batavia, is charged with unlawful possession of marijuana and failure to stop for stop sign. Panepinto was stopped at 10:48 p.m. Jan. 2 on Ellicott Avenue by Officer Christopher Lindsay.

Lonnie J. Ford III, 44, of Ellicott Street, Batavia, was arrested on a warrant for alleged failure to pay a fine stemming from a loitering charge. He was jailed on $125 bail.

Coretta M. Pitts, 47, of Williams Street, Batavia, is charged with criminal contempt, 2nd. Pitts allegedly entered a residence in violation of a complete stay away order. She was jailed on $1,000 bail. 

Vincent Allen Sanfratello, 49, of Gibson Street, Bergen, was arrested on a bench warrant for alleged failure to pay a fine. Sanfratello was jailed without bail.

Joshua David Schultz, 32, of Maple Avenue, Oakfield, is charged with unlawful possession of marijuana and insufficient tail lamps. Schultz was stopped on Drake Street, Oakfield, at 5:48 p.m. Tuesday by Deputy Joseph Corona.

Jonathan Patrick Little, 25, of Boyce Road, Corfu, is charged with petit larceny. Little is accused of stealing from Kmart on Wednesday.

A single DNA sample obtained at the scene where Joseph Benaquist was found murdered Feb. 19, 2009 does not match the DNA profile of the victim and may not match that of the man convicted by a jury for his murder, Scott F. Doll, according to a recent report produced by the Monroe County Crime Laboratory.

The laboratory, in compliance with a court order issued by Judge Robert C. Noonan in April, examined about two dozen blood samples from the crime scene and determined that the left boot of Benaquist had two possible blood stains. One of the DNA profiles, the lab found, clearly matches the DNA profile of Benaquist, but the other is insufficient to match either Benaquist or Doll.

Appeals attorney Timothy Murphy, in a Dec. 16 letter to Doll at the Elmira Correctional Facility, characterized this finding as promising news. He said the report indicates a third person's DNA was found at the scene.

There is no information available on who the DNA sample might match. Neither Benaquist nor Doll are ruled out as a possible match.

The report reads:

The minor component of the DNA profile is insufficient to support an inclusion or exclusion and is therefore not suitable for comparison. No further conclusions can be reached regarding the minor component mixture.

The lab-tested bloodstains are from the roadway near Benaquist's home at 683 Knapp Road, Pembroke, from the driveway at the residence, from both of Benaquist's boots, from a shirt, a sock and a jacket.

Only the left boot contains a DNA profile that can't be matched to any known person.

The lab report is part of a set of documents provided to The Batavian by Andrew Doll, brother of Scott Doll.

The documents also contain a letter from Monroe County Medical Examiner Caroline Dignan stating that contrary to testimony from Monroe County Deputy Medical Examiner Scott LaPoint in the trial of Doll, no fingernail clippings were collected during the autopsy of Benaquist.

LaPoint testified that such clippings were always collected in a murder investigation and that procedure was followed in this case.

This new evidence, along with additional information, has Andrew Doll feeling even more skeptical about his brother's murder conviction. These include: the unexpected lack of fingernail clippings; his belief that the driveway at 683 Knapp Road was washed down within 24 hours of the murder being discovered; and that a murder weapon has never been recovered.

He's never felt, he said, that his brother has the temperament to become so angry and so out of control that he would bludgeon to death one of his very best friends. There is simply no reason Scott Doll would have killed the 66-year-old Benaquist, Andrew Doll said.

"I just feel there is more to this than what's on the surface," Andrew Doll said. "There seems to be a lot of loose ends that need to be looked at. For the sake of both families, I'm hopeful we can get to some kind of conclusion."

Andrew said his brother asked that the evidence be shared with local media because he wants people to know he's not a murderer.

Scott Doll has maintained his innocence from the beginning and leveraged his life savings along with family money to hire a nationally known attorney from Buffalo, Paul Cambria, to mount his defense at trial. Since his conviction in June 2010, Doll has pursued a couple of appeals. His murder conviction was upheld by the NYS Supreme Court in July 2012.

Last year, Murphy filed a new appeal seeking a reexamination of the DNA evidence used in the case.

Two days ago, Murphy scheduled an interview about the new development in the case for this morning. But then Murphy said he decided he could not comment on the case at this time.

We don't know, therefore, what will happen next with the case, what strategy Murphy will pursue to press forward with an appeal, or if that's even in the cards.

So far we've been unable to reach ADA Will Zickl, who is handling the Doll appeal for the District Attorney's Office.

Doll was sentenced to 15-years-to-life in state prison, the minimum sentence available to Judge Robert C. Noonan on Doll's murder conviction. The way Andrew Doll sees it, he said, the minimum available sentence suggests strongly that even Noonan, who sat through the entire trial and heard all of the evidence, doesn't believe Scott Doll committed the murder.

Noonan stated during the sentencing that he thought Doll deserved a shot at parole before he was too old or would likely die in prison.

Scott Doll became a suspect when he was found by Deputy James Diehl wandering on Lake Street in Pembroke in blood-soaked overalls. During the course of the early part of the investigation, Doll made statements about the situation, including an assertion that the blood was from a deer he had butchered. The blood turned out to be that of the murder victim. For hours, Doll was in police custody but would not discuss where the blood came from or disclose the location of a person who might need medical attention. While in custody, he made statements that were later used against him at trial.

Andrew Doll acknowledged none of that made his brother look good.

"My brother did things that didn’t seem right and weren't right, and to this day, he doesn’t know what he did and why," Andrew Doll said.

   Brandon Dodd
   2010 photo

When Brandon C. Dodd, who thought he might get a term of probation on a burglary conviction, was sentenced to five years in prison by Judge Robert C. Noonan in September, 2010, Dodd mumbled something about pedophiles as he was leaving the courtroom.

Noonan called him back to the defense table and asked him to repeat his statement.

"I hope you continue to let all the pedophiles walk the street and save all of the probation for those people," Dodd said.

Noonan informed Dodd that his on-the-record statement would be something a parole board would likely consider someday in reviewing his status for release from prison.

Dodd was released on parole in August.

Today, he's also back in jail, accused of attacking a woman in an apartment on Lake Street in Le Roy.

Three days ago, police in Le Roy said a 29-year-old parolee had been stabbed and found him wounded on Lake Street.

They've now identified Dodd as the stabbing victim.

It's alleged that Dodd was in an apartment on Lake Street with an acquaintance when an argument ensued. Dodd allegedly grabbed both a metal pot and a vase and started swinging them at the woman. He then allegedly threw her on a bed and held her there. Somehow, the woman grabbed a knife and stabbed him.

The disturbance was heard by a neighbor, who called 9-1-1.

Upon arrival, police reportedly found Dodd hiding under a bed. He was taken into custody on a violation of probation charge and transported to a hospital for treatment of his stab wound and then turned over to the NYS Department of Parole.

Dodd allegedly removed an ankle bracelet he was required to wear and has been charged with criminal mischief, 4th, for damaging that state property. He was charged with petit larceny for allegedly disposing of the bracelet.

He's also charged with criminal possession of a weapon, 3rd, for using the pot and vase as weapons while being previously convicted of a crime, criminal mischief, 4th, for allegedly damaging the woman's mobile phone and unlawful imprisonment, 2nd.

He is being held in the Genesee County Jail without bail on the violation of probation charge. 

A 25-year-old Le Roy resident who admitted to cheating the system out of $10,437 in public assistance and food stamps was sentenced in County Court today to five years probation. 

Jessica Horton was also ordered to pay back the money obtained under false pretenses.

Horton was accused in August of filing documents with the Department of Social Services claiming that her two children were living with her when they were not.

She entered a guilty plea Oct. 29 to one count of offering a false instrument for filing in satisfaction of the counts she was originally arrested on, which included seven counts of offering a false Instrument for filing, 1st, and one count of grand larceny, 3rd.

As a term of the plea deal, Horton is permanently disqualified from receiving financial aid through the Temporary Assistance or SNAP programs.

To report suspected welfare fraud, call DSS's Fraud Investigation Unit at (585) 344-2580, ext. 6417 or 6416. All calls are confidential.

The Sheriff's Office announced the following arrests as a result of investigations conducted by the Local Drug Task Force.

Joseph M. Platten, 32, of Warren Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th. Platten allegedly sold a quantity of a controlled substance to an agent of the Drug Task Force while in the City of Batavia. Platten was jailed without bail.

James R. Soccio, 34, of Ross Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 5th. Soccio allegedly sold a quantity of methadone to an agent of the Drug Task force while in the City of Batavia. He was jailed without bail.

Joseph C. Gaudio, 35, of Telephone Road, Pavilion, is charged with criminal sale of a controlled substance 3rd and criminal possession of a controlled substance 3rd. Gaudio allegedly sold a quantity of cocaine to an agent of the Drug Task Force. He was jailed without bail.

Jennifer S. Maychoss, 41, of Snipery Road, Corfu, is charged with criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 5th.  Maychoss allegedly sold cocaine and pills containing a controlled substance to agents of the Drug Task Force in the Town of Batavia and in Pembroke. She was arraigned in Pembroke Town Court and released on her own recognizance and arraigned in Town of Batavia Court and jailed on $5,000 bail.

Nicholas E. Patterson, 21, of Kilian Road, Pembroke, is charged with two counts of criminal sale of a controlled substance, 5th, and two counts of criminal possession of a controlled substance, 5th. Patterson allegedly sold a quantity of pills containing a controlled substance to agents of the Drug Task Force in the Town of Batavia and in Pembroke. He was released under supervision of Genesee Justice.

Edward Jordan White, 20, of Michigan Street, Lockport, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. White's vehicle was stopped Dec. 30 by members of the Local Drug Task Force for allegedly operating on a suspended license. White was accused of possessing crack cocaine and marijuana. He is also accused of aggravated unlicensed operation. He was also arrested on a warrant out of Genesee County Court for alleged violation of probation. White is alleged to have sold a quantity of heroin and crack cocaine to an agent of the Drug Task Force on another date while in the City of Batavia. White was jailed without bail.

The suspect is described as a black male, 50 to 60 years old, 5'10" or 5'11" and 250 to 300 lbs.

Police believe the man created a distraction and then while the store clerk wasn't looking, removed cash from the register. He then left in the red SUV shown in the picture below.

The suspect may be involved in similar larcenies outside of Genesee County. 

Anybody with information that may assist in the investigation are asked to call Det. Eric Hill at (585) 345-6373.

Edward Jordan White, 20, of Michigan Street, Lockport, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana and aggravated unlicensed operation, 2nd. White was stopped by members of the Local Drug Task Force on Dec. 30 for allegedly driving on a suspended driver's license. White was allegedly found in possession of a quantity of marijuana and cocaine. White was also allegedly in violation of probation.

William Guadalupe Potter, 62, of North Pearl Street, Oakfield, is charged with harassment, 2nd. Potter allegedly pushed a woman into a wall causing her to fall over.

Brian Eric Dagger, 30, of Batavia Street, Holley, is charged with petit larceny. Dagger allegedly stole a bottle of Robitussin tablets from Kmart. He was jailed on $2,500 bail.

Seth Ryan Doster, 24, of Alleghany Road, Darien, is charged with petit larceny. Doster allegedly stole $102.20 in merchandise from Walmart. Also charged, Sarah Dianne Lazarus, 24, of Alleghany Road, Darien.

Kim Marie Spencer, 56, of Chick Road, Darien, is charged with DWI. Spencer was arrested by Deputy Michael Lute in connection into an investigation into an incident reported at 6:49 p.m. Thursday on Chick Road, Darien. The investigation is continuing and additional charges are pending.

Jeffrey Lynn Shultz, 21, of Walkers Corner Road, Byron, is charged with criminal contempt, 2nd. Shultz allegedly engaged in an unsupervised visit in violation of a court order.

Kenneth Fred McGiveron, 25, of Route 78, South Wales, is charged with no stop lights, open container, DWAI drugs and alcohol combined and DWAI drugs. McGiveron was stopped at 12:58 p.m. Saturday on Route 77, Pembroke, by Deputy Lonnie Nati.

Leonard Alfred Johnson, 23, of Hutchins Street, Batavia, is charged with criminal possession of a controlled substance, 3rd, and criminal use of drug paraphernalia, 2nd. Johnson was a passenger in a car stopped by Officer Chad Richards at 5:23 p.m. in the parking lot of Horizon Health Services, 31 Ellicott St., Batavia. Johnson allegedly fled on foot following the traffic stop, but returned on his own a short time later. Police allegedly found a bag containing a dozen smaller bags of cocaine, which Johnson indicated belonged to him. Johnson was jailed without bail.

Coretta M. Pitts, 47, of Williams Street, Batavia, is charged with second-degree harassment. Pitts allegedly scratched the face of another person during an argument reported at 4:50 a.m., Saturday. Pitts was jailed on $400 bail.

Jason A. Armstrong Sr., 43, of Main Road, East Pembroke, is charged with first-degree criminal sexual act and criminal obstruction of breathing or blood circulation. Armstrong allegedly choked and had unwanted sexual contact with another person during an alleged domestic incident reported at 10 p.m. Nov. 6 on South Main Street, Batavia. Armstrong was jailed without bail. Armstrong was also charged with strangulation, 2nd, and assault, 2nd, for an alleged incident reported at 6 a.m. Dec. 22 at a location on South Main Street, Batavia.

Robert W. Blankenberg, 31, of Union Street, Le Roy, was arrested on a warrant. Blankenberg was stopped for an alleged traffic violation and arrested on the warrant.

Robert D. Kendall, 55, of Jamaica Lane, Cheektowaga, is charged with leaving the scene of a property damage accident, moving from lane unsafely, driving a motor vehicle on sidewalk, driving through safety zone and unlawful possession of marijuana. Kendall was charged after an investigation into an accident reported at 12:03 p.m. Dec. 29 on Oak Street, Batavia. Kendall was located by police in the parking lot of a business on West Main Street following a tip from a witness.

Michael J. Henry, 48, of State Street, Batavia, is charged with disorderly conduct. Henry is accused of continuously using obscene language outside his home on State Street while police officers were there investigating a complaint.

Michael J. Antonucci, 33, of Alexander Road, Attica, is charged with criminal contempt, 2nd. Antonucci allegedly violated a complete stay away order by sending a text to the protected party.

Jason W. Wolf, 39, of West Main Street Road, Batavia, is charged with aggravated unlicensed operation, 2nd, and driving without interlock device. Wolf was stopped at 5:04 p.m. Dec. 29 on Brooklyn Avenue, Batavia, by Officer Mitchell Cowen.

Kenneth J. Wolter, 45, of Watson Street, Batavia, is charged with unreasonable noise. Wolter was allegedly playing music an unreasonable level at 10:37 p.m. Dec. 30 and he refused repeated requests to turn it down.

Robert Ernest Saari, 34, of Meiser Road, Corfu, was arrested on a warrant for alleged failure to appear. Saari allegedly failed to appear in City Court on a traffic violation. Saari posted cash bail and was released.

Melvin J. Swanson, 60, of Main Road, Pembroke, is charged with DWI, driving with a BAC of .18 or greater, failure to obey traffic control device and open container. Swanson was stopped at 1:58 a.m. Friday on South Main Street, Batavia, by Officer Mitchell Cowen.

A 29-year-old parolee in Le Roy was hospitalized early Saturday morning after being stabbed, according to Le Roy PD.

No arrest has been made in the case and it's currently under investigation.

The stabbing was reported at 1:19 a.m. on Lake Street in the Village.

Investigators are trying to determine the circumstances of the stabbing.

The parolee suffered a stab wound to his or her abdomen.

No further information is available at this time.

Todd Allen Weigert, 20, of Helena Street, Perry, is charged with criminal possession of a controlled substance, 7th. Deputy Chris Erion and K-9 Destro responded to the 7-Eleven in Bergen at 12:16 p.m. Thursday following a complaint of people possibly using narcotics in the parking lot. An investigation led to an accusation that Weigert possessed a quantity of a suspected narcotic and paraphernalia.

Scott W. Froebel, 47, of Colby Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, inadequate stop lights and open container. Froebel was stopped at 9:26 p.m. Dec. 19 on Prospect Avenue, Batavia, by Officer Arick Perkins.

Joshua M. Pierce, 20, of Meadowbrook Terrace, Corfu, was arrested on a warrant for alleged failure to appear. Pierce allegedly failed to appear in City Court on a traffic violation and an unlawful possession of marijuana charge. 

Shane Zimblis, 44, of Hutchins Street, Batavia, is charged with criminal contempt, 2nd. Zimblis was arrested upon his release from the Wyoming County Jail, where he was held on unrelated charges. Zimblis is accused of contacting a protected individual in violation of an order of protection. He was jailed on $5,000 bail.

A 17-year-old resident of Fargo Road, Stafford, is charged with unlawful possession of marijuana. The youth was arrested following a search of his vehicle at 12:01 a.m. Thursday by Officer Mitchell Cowen.

Joshua Richard Nanni, 21, of Broadway Street, Oakfield, is charged with unlawful dealing with a minor, 1st. Nanni was charged following an investigation into a loud noise complaint at his residence at 6:08 p.m., Tuesday. He is accused of providing alcohol to persons under age 21. Also charged was Dylan Ricky LaFramboise, 21, of Broadway Street, Oakfield.

Duty Everett Casell, 24, of South Pearl Street, Oakfield, is charged with DWI, driving with a BAC of .18 or greater, no helmet, uninsured ATV. Caswell was arrested following the completion of an investigation into an accident at 7:55 p.m. Oct. 31 on South Main Street, Oakfield, involving an ATV. Caswell's ATV reportedly hit the rear end of a parked car. Caswell and his passenger were ejected from the ATV. Caswell allegedly fled the scene and located a short distance away. He was transported by an ambulance to an area hospital for medical treatment 

A white male has reportedly attempted a robbery at the Yellow Goose, 64 S. Main St., Elba.

The would-be robber "threatened with a gun," according to a dispatcher. He issued verbal threats only, the dispatcher said.

The suspect is described as a white male, brown hair, bangs straight across, wearing a dark blue jacket and a baseball cap.

It's unclear if the suspect received any cash or left empty-handed.

The suspect left on foot, unknown direction of travel.

Law enforcement responding.

UPDATE 5:09 p.m.: A deputy on scene reports, "no robbery here." He said a person told the clerk, "If somebody enters with a weapon, duck."

Debra M. McKnight, 56, of West Main Street, Le Roy, is charged with grand larceny, 4th. McKnight allegedly stole a wallet at Batavia Downs. McKnight was arraigned in City Court and ordered held without bail.

Matthew Williams, 27, no residence provided, is charged with petit larceny. Williams is accused of stealing an ATV from a location on South Main Street, Elba. State Police say Williams noticed an ATV on private property and pushed it down a trail, where he filled it with gas and drove it away.

Maria L. Martinez, 20, no residence provided, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana and controlled substance not in original container. Martinez was stopped by State Police on Route 237, Stafford, for allegedly speeding. Troopers say she was in possession of 32 diazepam pills in a plastic bag and nine grams of marijuana.

Michelle Blanche Alberico, 51, of Mapledale Acres, Barneveld, is charged with possession of 10,000 or more untaxed cigarettes, possession or transportation of untaxed cigarettes for sale, operator's view obstructed, and aggravated unlicensed operation, 3rd. Alberico was stopped at 1:47 a.m. on Route 77, Pembroke, by Deputy Andrew Hale. Alberico was allegedly in possession of 450 cartons of untaxed cigarettes.

Earle D. Webb Jr., 29, of Joseph Avenue, Rochester, is charged with criminal mischief, 4th, and criminal trespas,s 2nd. Webb allegedly broke the door and entered the residence of an acquaintance at 12:30 p.m. Friday at a location on Central Avenue, Batavia.

Mael L. Tomlin, 23, of Chase Parkway, Batavia, is charged with harassment, 2nd. Tomlin is accused of pulling a woman's hair during an argument.

Joseph Matthew Mika, 18, of Pine Hollow Drive, Batavia, is charged with aggravated harassment, 2nd. Mika is accused of sending harassing text messages to a female victim.

File under "Christmas Spirit Fail." A complainant at Top's Market told a dispatcher she was the victim of a road rage incident. The male driver of a blue Dodge Magnum (which reportedly has a broken or inoperable tail light) exchanged words with her, then he spit in her face before driving off in an unknown direction. Law enforcement is responding to the harassment complaint.

The treasurer of the Parent Teachers Organization in Pavilion has been arrested, accused of stealing $40,406.10 from the group.

Cynthia R. Eggleston, 48, of Walker Road, Pavilion, is charged with third-degree grand larceny, a Class D felony.

It's alleged that Eggleston began writing checks to herself and depositing them in her own bank account to spend the funds for personal use starting in September 2013, shortly after she became treasurer. She allegedly continued to siphon off funds for personal use until this month.

Eggleston has been relieved of her duties.

She was arraigned in Pavilion Town Court and released under supervision of Genesee Justice.

The investigation was conducted by Investigator Kris Kautz, Sheriff's Office.

State Police have arrested a 32-year-old Le Roy man after he allegedly drove the car of an acquaintance intentionally into a tree, causing heavy front-end damage and airbag deployment.

Nick Hawkins was jailed on $1,500 bail and charged with petit larceny and criminal mischief. 

According to State Police, Hawkins was involved in a dispute with the acquaintance and he drove the person's car north on the driveway into the back yard and straight into a tree. 

Hawkins declined medical treatment for minor cuts and was transported to the Batavia Barracks for processing. 

Le Roy PD assisted at the scene.

A 62-year-old Batavia woman who served on a grand jury in a murder case has been charged with unlawful grand jury disclosure, a Class E felony.

She is accused of disclosing to an acquaintance the decision of the grand jury to indict a person in a homicide case before the indictment was officially filed and became a matter of public record.

Janice L. Mortellaro, of Buell Street, was on a grand jury that was seated Dec. 8.

The Sheriff's Office, which handled the arrest of Mortellaro, is not disclosing which case she allegedly shared information about.

The District Attorney's Office is currently handling two homicide cases, the Dec. 1 death of Norman D. "Don" Bell in Le Roy and the discovery of a dead infant in a home on Liberty Street in August.

In the death of Bell, a neighbor, Kyle G. Johnson was arraigned on a second-degree murder indictment Dec. 15. In the case of the infant's death, the baby's mother, Christina M. Colantonio, was originally arrested on a murder charge, but she was released from jail after an autopsy could not prove a live birth. A second autopsy was ordered and no indictment has been announced in that case. It's uncertain if that case has even been presented to a grand jury at this point.

Mortellaro was arraigned in City Court and issued an appearance ticket for 9 a.m., Jan. 5, to answer to the charge.

A 17-year-old resident of Porter Avenue, North Tonawanda, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana, unlawful possession of alcohol by a person under age 21 and leaving the scene of a property damage accident. The youth is accused of being the driver of a vehicle that struck a building in Elba. The youth allegedly fled the scene of the accident on foot and was located a short time later by a deputy. The incident, reported at 11:04 p.m., Friday, was investigated by Deputy Joseph Corona along with Deputy Howard Carlson and Sgt. Eric Seppala.

Jacklyn M. Ganzhorn, 28, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to appear. Ganzhorn allegedly failed to appear in City Court on a charge of unlicensed operation, 3rd. After posting $500 bail, Ganzhorn was turned over to Attica PD on a warrant.

Earle D. Webb, 29, of Joseph Avenue, Rochester, is charged with unlawful possession of marijuana and aggravated harassment, 2nd. Webb was arrrested by Batavia police as the result of an alleged incident reported at 11:42 a.m., Friday. 

Jordan J. Hardy, 26, of Sunset Parkway, Oakfield, is charged with two counts of sex offender failure to report change of, or changes to, Internet accounts. Hardy allegedly failed to report to Batavia two changes to his Internet accounts within 10 days of the change. He has a prior conviction and was arrested Oct. 26 on the same charge. He was jailed without bail.

Robert W. Blankenberg Jr., 31, of Union Street, Batavia. Blankenberg was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. He was jailed on $500 bail.

Johnny L. Shannon, 57, of Creek Road, Batavia, is charged with criminal use of drug paraphernalia, criminal possession of a controlled substance, 7th, and driving while ability impaired by drugs. Shannon was arrested following complaint of erratic operation at 7:47 a.m. Dec. 12 on East Main Street, Batavia, and an investigation by officers Kevin DeFelice and Sgt. Dan Coffey.

Justin Gabriel Sepi, 28, of Columbia Avenue, Batavia, is charged with unlawful possession of marijuana. Sepi was charged following a traffic stop at 10:25 p.m. Saturday on West Main Street, Batavia, by Deputy Ryan DeLong.

Dylan James Perry, 24, of Kingsbury Avenue, Batavia, is charged with criminal possession of a weapon, 3rd, and unlawful possession of marijuana. Perry was allegedly found in possession of metal knuckles and marijuana during roadside contact with law enforcement at 2:31 a.m. Friday on Main Road, Pembroke. He was arrested by Deputy Joseph Corona and jailed without bail.

Jade Dewey Repass, 20, of Irving Parkway, Oakfield, is charged with inhalation of certain toxic vapors. Repass was arrested following a complaint of two people unconscious in a vehicle in the parking lot of Walmart. Also charged was Jesse Sumner Repass, 29, of Pine Street, Oakfield. The duo are accused of inhaling fumes from a pressurized can of dust cleaner while sitting in the vehicle, causing a condition of intoxication. Jade Repass was released on his own recognizance. Jesse Repass was jailed on $1,000 bail or $2,000 bond.

Guadalupe Lopez-Perez, 53, of South Main Street, Batavia, is charged with criminal possession, 2nd. In the course of a domestic incident investigation at 12:35 a.m., Dec. 13, at a residence on South Main Street by Officer Jason Davis, Lopez-Perez was allegedly found in possession of a forged Social Security card and a forged resident alien card. These cards enabled him to obtain employment in the United States using a Social Security number. Lopez-Perez was jailed without bail.

Dennis Ray Lloyd Jr., 34, of Porter Avenue, Batavia, is charged with criminal contempt, 1st, assault, 3rd, endangering the welfare of a child, harassment, 2nd, criminal mischief, 4th, and criminal obstruction of breathing. Lloyd was allegedly involved in a verbal and physical domestic incident with the mother of his child and a friend of the mother's at 5:59 a.m., Dec. 14. The child was not physically harmed. Lloyd was jailed without bail.

Tyler J. Henderson, 27, of Franklin Street, Batavia, was arrested on a warrant. Henderson is accused of failure to appear on charges of menacing, 3rd, disorderly conduct and reckless endangerment of property. The reported date of the original incident is Jan. 1 at 9 Jackson St., Batavia.

Donna M. Kroft, 62, of State Street, Batavia, is charged with petit larceny. Kroft is accused of stealing $40.13 worth of merchandise from Dollar General.

Magnum Marie Kibler, 19, of Randall Road, Le Roy, is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 7th, and no seatbelt. Kibler was stopped at 12:33 a.m. Dec. 13 on Clinton Street by Officer Mitchell Cowen.

Jeffrey James Cervone, 47, of Skye Road, Basom, was arrested on a warrant. Cervone allegedly failed to appear for a court date. He was arrested upon his release from the Erie County Jail, where he was held on an unrelated matter. He was jailed locally on $1,000 bail.

A 17-year-old resident of Batavia (name withheld by Batavia PD) is charged with assault, 3rd. The youth and a juvenile companion are accused of attacking another person, causing physical injury.

Ian K. Leblanc-Chatt, 30, of Hart Street, Batavia is charged with petit larceny. Leblanc-Chatt is accused of stealing a 12-pack of AA batteries valued at $12.79 from Tops at 1:10 a.m. Dec. 12.

Le Roy Police Officer Ryan Young, left, is pictured Wednesday with Village Police Chief Christopher Hayward.

Le Roy Police Officer Ryan Young was honored by his department Wednesday, for his actions at the scene of a house fire and armed standoff Dec. 1 on Selden Road.

Village Police Chief Christopher Hayward presented Young with a Distinguished Service Award and accompanying bar during Wednesday’s Village Board meeting.

Kyle G. Johnson, 53, has been charged with murder in the shooting death of John Ball, 69. Johnson is accused of then setting his own house on fire, and firing a shotgun in the direction of responding firefighters and police officers.

None of that was clear when Young and Hayward arrived to back up Genesee County Sheriff’s deputies at the scene of the shooting shortly after 4 a.m. at Ball’s home at 7421 Selden Road.

The fire at Johnson’s house was reported minutes later. Genesee County deputies approved Young’s request to provide backup at the fire.

“I just had a feeling on my way from the homicide scene to the fire that it was too close to be a coincidence,” said Young, 27, a part-time village officer for three years.

“That’s when dispatch sent out the warning and kind of confirmed my suspicions,” he said.

Hayward continued the narrative, in a letter of commendation addressed to Young.

He said Young stopped just east of the fire scene and got out of his vehicle. Three Le Roy Fire Department vehicles passed Young on their way to the fire.

“You observed the silhouette of a person walk from the brush and point a long gun in (firefighters’) direction and fire two to three times,” Hayward said.

Firefighters quickly left the scene. As Young took cover he heard two shots being fired in his direction, and saw something pass over his left shoulder, Hayward said.

After the gunfire became a standoff, Young established a perimeter and directed residents of the neighboring home to take shelter in their basement, Hayward said.

“For the next three and a half hours you used different positions of cover — always in harm’s way — and continually called in the suspect’s location to other units at the scene,” Hayward said.

“Eventually the suspect was taken into custody,” he continued. “But I attribute the successful outcome to you and the exceptional actions you took after being fired upon.”

Johnson was arrested at 7:55 a.m. by members of the Monroe County Sheriff’s Office SWAT team. 

He entered not guilty pleas to murder, burglary, arson and attempted murder during an arraignment Tuesday in County Court. He remains in jail without bail.

Hayward also read a letter from county Sheriff Gary Maha, offering “thanks and appreciation” for Ryan’s help and for the assistance of the village police department.

“This is another fine example of cooperation and collaboration between our two agencies,” Maha wrote.

Hayward said the incident is a reminder of the hazards law enforcement officers face every working day. 

“We don’t walk out the door with a lunch pail,” Hayward said. “We walk out the door with body armor and a gun.

“I bristle when people tell me, ‘It can’t happen here,’ ” he added. “Well, it can happen here, it did happen here, and unfortunately with the society we live in today, it certainly can happen again.”

Cindy Ball wants justice for her dead brother-in-law and his family, and that's the goal of the prosecution, said District Attorney Lawrence Friedman outside of County Court this afternoon, where Kyle G. Johson entered not guilty pleas to the murder, burglary, arson and attempted murder charges he faces.

Ball, who is married to the brother of Norman D. "Don" Ball, the man Johnson allegedly shot in the head while he slept in his bed in his Selden Road home, cried after the not-guilty plea and cried outside the courtroom.

"He (Don Ball) had four beautiful grandchildren and this man came in his house in the middle of the night and shot him," Cindy Ball said. "It's just wrong. It's so wrong. My brother-in-law had an open door policy. He helped everybody. I've known him since I was 15. I'm just totally broken and he pleads not guilty. There's proof."

There's also due process and defense attorneys are charged with ensuring the prosecution has a solid case, either through a plea bargain process or by taking the case to trial. It's every defendant's right.

"Basically, everyone pleads not guilty at arraignment," Friedman said. "That's they way it goes. Whether there would be a guilty plea, in any case, it normally doesn't happen at the time of arraignment on an indictment."

Johnson was indicted last week by a Grand Jury of Genesee County on the eight counts that include murder in the second degree. The charges stem from events on Selden Road, Le Roy, on the morning of Dec. 1, when Johnson allegedly entered the home of Don Ball through an unlocked back door, entered his bedroom and shot him. He then allegedly went back to his own house on Selden Road and set it on fire. When a Le Roy fire chief and police officer arrived on scene, Johnson allegedly fired his shotgun at them.

Friedman said his goal for the family is to "seek justice."

At this point, Johnson will continue his stay in jail without bail while his defense attorney, Public Defender Jerry Ader, prepares pre-trial motions, which Friedman will then answer, and then both attorneys and Johnson will appear in court at 9:30 a.m. Feb. 23 to argue those motions.

There may be an appearance in court by Johnson Dec. 21 on a request by Friedman to get a DNA sample from Johnson, but Ader may not contest that request, in which case there will be no appearance Dec. 21.

Johnson shuffled into court in the jail's orange jumpsuit, shackled by chains, his head down and disheveled, and said little during the short arraignment, except to acknowledge his name, agree to continue with Ader as his attorney and enter his not guilty plea.

Alysan Courtney Gaebler, 38, of Soccio Street, Batavia, is charged with petit larceny. Following the investigation of a shoplifting complaint on Veteran's Memorial Drive in the Town of Batavia, Gaebler was arrested for allegedly stealing $98 worth of merchandise from a department store. She was issued an appearance ticket for Town of Batavia Court and is to appear there on Jan. 21. The case was handled by Sheriff's Deputy Eric Meyer, assisted by Deputy Jason Saile.