crime

Five people arrested in early December in connection with a suspected methamphetamine lab at 28 Clay St., Le Roy, now face federal charges as well.

Christopher J. Elmore, 31, of 14 St. Marks St., Le Roy, was arraigned in Federal Court in Buffalo on a charge of conspiracy to manufacture, distribute or dispense 500 grams or more of methamphetamine and possessing a firearm in furtherance of a drug-trafficking crime.

Besides the Genesee County charges resulting from the meth lab raid Dec. 10, Elmore was accused a week later by Le Roy Police with passing fake $10 bills.

Also charged were manufacturing and distribution were:

• Kari L. Riggi, 21, of 28 Clay St.
• Koree R. Stephenson, 22, 6539 Dodson Road, Wyoming
• Nathan D. Bernard, 21, 28 Clay St.
• Joshua A. Miller, 20, 51 Myrtle St.

None of those four defendants face the additional weapons charge, which is an enhancement that can lead to more time in a federal penitentiary.

Elmore, Stephenson, Riggi and Bernard remained jailed in Genesee County on $75,000 bail.

Miller is out of jail under the supervision of Genesee County Justice.

Jason Howard Freeman, 28, of 5312 Genesee St., Bowmansville, is charged with grand larceny 4th. Freeman is accused of stealing a firearm from A & K Gun Sales in Corfu. Freeman was issued an appearance ticket. The case was investigated by Deputy Patrick Reeves.

Eric D. Halsey, 18, of 3718 Main St. Road, Batavia, is charged with harassment 2nd. On Dec. 31 at 10:45 p.m., Halsey allegedly grabbed a woman by the face and threatened to smash her car window and hurt her.

Ian C. Lawlis, 29, of Overlook Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation 3rd. Lawlis allegedly backed into Ellicott Street unsafely and then sped away, traveling at 40 mph in a 30 mph zone. Lawlis was stopped by Sgt. Greg Walker. Upon investigation, it was discovered that Lawlis was allegedly operating on a suspended license. Lawlis was also cited for other alleged violations, such as unsafe backing, speeding, operating without insurance and failure to notify DMV of address change.

Ronald Louis MacGregor, 41, 6960 Cole Road, Le Roy, is charged with criminal possession of a controlled substance 7th, unlawful possession of marijuana and aggravated unlicensed operation 3rd. Sheriff's deputies responded to a report of a car driving without headlines and heavy front-end damage. The car was reportedly found at MacGregor's address. Upon investigation, Deputy James Diehl charged him with the listed offenses. Following arraignment, bail was set at $100.

David W. McCoy, 49, of 101 Kurtz Ave., Lancaster, is charged with DWI, driving left of pavement markings and failure to obey traffic control device. McCoy was stopped on Route 77 in Corfu at 8:21 p.m. Friday by Le Roy Police Officer Edward Caton and charged with the listed offenses.

Seven months into her pregnancy, a Caledonia woman who admitted to stealing jewelry and guns from a Le Roy Home this summer, has been released from jail until after the birth of her baby.

Nicole L. Green, 23, was scheduled for sentencing today on her burglary 2nd conviction, but Judge Robert C. Noonan delayed sentencing and released Green to the care and custody of her parents for the final months of her pregnancy.

"I'm counting on your parents who I assume have the same concern for your baby as I do, and that if you violate any the terms of your release, you be taken away from your baby for a very long time," Noonan said.

Green was jailed without bail in November following a reported violation of the terms of her release while awaiting sentencing on her conviction. Green reportedly failed a test for substance use.

The young woman, visibly pregnant and dressed in orange jail garb, agreed with Noonan repeatedly that her parents would ensure she obeyed the terms of her release.

Noonan called her parents to the bench and asked them both if they would ensure that she stayed in their house 24/7 and report any violation immediately to the court. They said they would.

If Green abides by the terms of her release, rather than a prison sentence, Noonan could release her on a lengthy probation term.

The attorney for an Oakfield man accused of burglary and larceny at Holland High Lift in Bethany withdrew a series of motions today and set his client's case for trial.

Unless a plea agreement is reached before Feb. 26, the case of Michael L. Jackson will go to trial April 19.

Jackson is accused of burglary 3rd, two counts of grand larceny 3rd, and two counts criminal mischief 2nd.

The case was set for a hearing today on Public Defender Gary Horton's motions to suppress Jackson's post arrest statements, but Horton withdrew those motions, according to Assistant District Attorney Will Zickl, and instead asked that a trial be scheduled.

For previous coverage, click here.

Melissa Ellen Quigley, 30, of 6535 Main Road, Stafford, is charged with unauthorized use of a vehicle, operating a snowmobile while intoxicated and operating a snowmobile without a helmet. Quigley was arrested at 1:45 this morning by Deputy Frank Bordonaro on the listed charges.

Craig M. Meyer, 24, of 6611 Albion Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Meyer was stopped by Deputy Tim Wescott for allegedly driving 78 mph in a 55 mph zone on Route 63 in the Town of Batavia on Wednesday.

Cory R. Markidis, 20, of 2 Beechwood St., Rochester, is charged with unlawful possession of marijuana and unlicensed operation. Markidis was stopped by Deputy Matthew Butler on Route 33, Town of Stafford on Jan. 3.

A 17-year-old resident of Oakfield is charged with unlawful possession of marijuana. The youth was arrested at his home after allegedly being found in possession of a small quantity of marijuana.

A 17-year-old from Alexander is charged with unlawful possession of marijuana. The youth was arrested by State Police on Jan. 6. No further details available.

Jeffery R. Muntz, 26, of Bergen, is charged with aggravated unlicensed operation and false personation. Muntz was arrested by State Police at 3:10 p.m. Tuesday on Irving Parkway in Oakfield. He was jailed on an unspecified bail amount.

The following accidents were included on the State Police blotter:

9:03 a.m., Jan. 6, Town of Bergen, one vehicle; Driver: Mary E. West, 37, of Pallmetto, Fla. No injuries.

2:08 p.m., Jan 6, Fargo Road and Harlow Road, Town of Darien, two vehicles; Driver 1: Derek R. Long, 18, of Akron; Driver 2: James J. Lis, 22, of Darien Center. One reported injury.

2:55 p.m., Jan. 12, Brown Road, Town of Batavia, two vehicles; Driver 1: Timothy M. Zielinski, 40, of Attica; Driver 2: James J. Diabo, 59, of Batavia. No injuries.

3:59 p.m., Jan 12, Byron Holley Townline Road, Byron, one vehicle; Driver 1: Racheal J. Millspaugh, 26, of Bergen. No injuries.

(NOTE: One of the consistent bits of feedback from our survey is that we don't always follow up on accidents and other incidents we initially report off the scanner. We don't always get the reports in order to follow up. The State Police blotter includes some information about any accidents Troopers investigate. Rather than try to tie one particular blotter entry to something we may or may not have reported before, we thought we would start including all of the accidents from the blotter in Police Beat.)

Sheriff's deputies, State troopers and a State police helicopter have been in the area of Mullen Road in Stafford for the past 30 minutes or so looking for a possible burglary suspect.

Sgt. Greg Walker, on scene, said the original call came in with a suspect seen running from a house and that items were stolen from the house.

It's uncertain if the suspect is still in the area. The state helicopter is no longer part of the search, but deputies and troopers remain on scene on Mullen between Prole and Morganville roads.

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A man who admitted to raping a Genesee County girl will spend three years in state prison and 10 years on supervised probation, Judge Robert C. Noonan ruled this afternoon.

Thomas J. Preedom, 21, of Wyoming County, admitted to rape 2nd in November, as well as attempted escape 2nd.

Reference in court to the case today, indicates that Preedom engaged in consensual sex with an underage girl and the girl had a baby who may or may not have been fathered by Preedom.

Following his arrest, Preedom tried to escape from the State Police barracks in Batavia, where he fought with Troopers and damaged state property.

Defense Attorny Jerry Ader argued that a past probation violation notwithstanding, Preedom was a viable candidate for a probation sentence in this case.

"Despite his prior behavior, he deserves a chance at probation even given this serious charge," Ader said. "He readily admitted to police and to the court what he did and acknowledged that his behavior was wrong, even though it was consensual, it was wrong under the law."

Ader said Preedom has been studying for a career, spending more time hitting the books in jail then he ever has in his life, and that he's grown through the process. He is not the same person, Ader said, that he was as a youth when he was convicted of selling marijuana, and violated probation (which Ader characterized as a legitimate misunderstanding with the Town of Batavia court over the terms of his probation).

For his part, Preedom asked Noonan for probation.

"I'm not a bad kid," Preedom said. "I made some bad decisions in my past and I request a second chance. I'm just asking for a second chance. I think I can succeed on probation. If this child is mine or not, I will take care of it."

Noonan said he couldn't look past his prior probation violation.

"I think by your conduct, you violated your chance at probation," Noonan said.

The attorney for an Alexander man accused of driving drunk at the time of a fatal accident in Darien wants to see the mobile phone records for the occupants of the car carrying the Dansville teenager who was killed.

District Attorney Lawrence Friedman says that Defense Attorney Thomas Burns is merely on a "fishing expedition" in his request for the records.

The request and Friedman 's response are in motions filed by the two attorneys in the case of 24-year-old Ronald J. Wendt.

Wendt faces a 12-count indictment in the case, including an enhancement charge that could lead to a 25-year prison sentence.

"The requested records are relevant and highly probative on the issue of the driver's attention to road conditions and other traffic immediately to the automobile accident," Burns writes. 

Burns goes on to note that distracted driving, according to the National Highway Transportation Safety Administration, accounts for 26 percent of motor vehicle accidents.

Friedman responded, "There has never been any indication that anyone in the victims' automobile was using a cell phone at or near the time of the collision ... Instead, the defense is simply attempting to engage in a "fishing expedition" ... The people are not in possession of, nor aware of, the existence of any such cell phone records. Furthermore, we fail to see the relevance of possible cell phone communications involving passengers in said vehicle. Finally, it is the People's position that there is no authority for the Defendant's baseless effort to obtain possible cell phone records of crime victims and that such discovery would be beyond the parameters of (evidence law)."

Katie M. Stanley was killed in the Aug. 14 accident. Stanley was a passenger in a Toyota driven by a friend from Dansville and there were two other passengers. The group was returning from Darien Lake on Route 5 when it entered Darien Center, where the speed limit quickly drops from 55 mph to 40 mph. Wendt was apparently the driver of a Dodge Ram pickup that turned left into the parking lot of My Saloon just ahead of the oncoming car.

The Toyota struck the rear of the pickup truck. There has been no evidence presented so far, nor reports of, skid marks or other evasive action by the driver of the Toyota.

Wendt reportedly told a Sheriff's deputy that he had been drinking beer that day while baling hay. Deputy Tim Wescott reported that Wendt demonstrated slurred speech, had the odor of alcohol and demonstrated poor coordination following the accident. He reportedly had a BAC of .08.

Judge Robert Noonan will hear oral arguments in the motions on Jan. 19.

Burns has also filed a standard number of motions to disclose evidence, open the Grand Jury minutes, dismiss the case on various grounds and suppress specific pieces of evidence on various legal grounds.

For previous coverage, click here (all previous stories on this topic are now tagged "Ronald J. Wendt").

Kerry Hoffmann, the 27-year-old former band teacher from Oakfield-Alabama accused of sexually abusing a student, will take his case to trial, according to his attorney.

Hoffman appeared in Oakfield Town Court this evening to set a trial date.

"People will be surprised," said his attorney, Thomas D. Calandra. "We will be bringing up issues that will surprise people."

Hoffman turned down a plea offer this evening, according to Assistant District Attorney Kevin Finnell.

"We talked about a plea, but it didn't come to fruition," Finnell said. "I don't know how close it was, but it was being considered up until tonight and then it was rejected."

Hoffman has until 24 hours before the scheduled trial date, 9:30 a.m. March 23, to accept any plea offer.

All six charges against Hoffman, five counts of sexual abuse and one count of endangering the welfare of a child, are misdemeanors.

UPDATE: 13WHAM reporter Sean Carroll says that Finnell told him Hoffman faces a 7th charge -- this one, official misconduct.

Photo: Kerry Hoffman outside of court this evening. Photo courtesy 13WHAM.

The man accused of driving Kid Rock's tour bus while drunk entered a not guilty plea to three DWI charges during an arraignment this morning in Genesee County Court.

Joseph S. Devlin, 37, St. Augustine, Fla., was arrested July 15 after Sheriff's deputies spotted the bus on Route 77 in Pembroke, they say, operating erratically.

Devlin was employed at the time by a company contracted to provide transportation for Kid Rock and his entourage.

He faces two felony counts of DWI.

Devlin posted the $10,000 bail set in the case immediately.

Previously:

• Driver of Kid Rock crew busted for alleged DWI
• Kid Rock bus driver not drinking Tuesday night, Buffalo attorney says

An employee of a restaurant in the Village of Le Roy is accused of stealing food and possibly other items over a period of time from his employer.

Arrested was Shawn D. "Bucky" McCumiskey, 38, of 24 North Genesee St., Fillmore.

He is charged with one count of petit larceny.

McCumiskey was allegedly caught by another employee at 2:30 p.m. Dec. 23 removing product from the restaurant.

Det. John Condidorio investigated the alleged crime.

Stuart P. Newbould, 43, of 15959 Bridge Road, Kent, is charged with DWI, driving with a BAC of .08 or greater and failure to stop for a stop sign. Newbould was arrested by Deputy John Weis after he was allegedly involved in a property damage accident on Friday at the intersection of South Holley and North Bergen roads. Newbould was also accused of driving at an unreasonable speed.

David W. Pape Jr., 22, of 32 Alpine Lane, Caledonia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Pape was arrested after his car reportedly went off the edge of the road on Route 19 in Bergen at 2:42 a.m. Saturday. Deputy John Weis also issued Pape a ticket for alleged unlawful possession of marijuana.

Corey Jamed Hemmer, 23, of 91 S. Main St., Apt. B, Elba, is charged with failure to pay a fine. Hemmer was arrested following a NYS parole check, when parole officers realized there was an outstanding Genesee County warrant for his arrest.

An Erie County man has been accused of selling narcotics to a Genesee County undercover agent.

John L. Tillman, 34, of 87 Phyllis Ave., Buffalo, was picked up by the Erie County Warrants Office and turned over to the Genesee County Sheriff's Office today.

Tillman is charged with two counts of criminal sale of a controlled substance 3rd and criminal possession of a controlled substance 3rd.

The Genesee County Local Drug Enforcement Task Force received a sealed indictment against Tillman after he allegedly sold crack cocaine in the City of Batavia to an undercover agent.

Tillman was arraigned in Genesee County Court and jailed without bail.

A 20-year-old Stafford man has been arrested following an investigation into the theft of more than $7,000 worth of construction tools in 2008.

John R. Testa, of 6005 Bartof Road, was arrested Wednesday by the Genesee County Sheriff's Office and charged with one count of criminal possession of stolen property in the 3rd degree, a class D felony.

He is accused of allegedly taking about $7,331 in tools reported stolen from trailers at the Lowe's construction site on Veteran's Memorial Drive in Batavia. The goods were believed to have been taken during the night hours June 25 - 26, 2008.

The tools were allegedly found in Testa's possession on July 1, 2008 at a location in the Town of Stafford. They were recovered by the Sheriff's Office, with the exception of two saw-alls and a cordless drill, which are still missing.

Testa was arraigned before Stafford Town Justice Call and released under the supervision of Genesee Justice. His next court date is set for 1 p.m. on Feb. 2.

Investigator Timothy Weis handled the case, with assistance from Deputy Daniel Vanvalkenburg and Deputy Ronald Meides.

Wanted by the Genesee County Sheriff's Office: Gene S. Schmidt. The Sheriff's Office has two warrants for Schmidt: Alleged violation of probation and alleged harassment 2nd. Any information on his whereabouts can be provided to the Sheriff's Office at (585) 343-5000.

A 43-year-old teller for Bank of Castile is accused of stealing $45,000 from the Le Roy branch where she worked.

Tracy L. Smith, of 77 Rochester St., Bergen, was arrested by Le Roy Police Detective John Condidorio after a lengthy investigation.

Condidorio says that Smith's alleged thefts began in 2007 when she stole $20,000 from her cash drawer over a period of time. Smith allegedly manipulated the accounting system to cover up the theft.

Then, starting in June 2008 and continuing until December, Smith allegedly forged checks and deposit slips to steal another $25,000.

An alleged attempt by Smith to cover her tracks by removing a $20,000 lump sum from a cash delivery is what caused an investigation into her conduct to begin.

Smith is charged with two counts of grand larceny 3rd and four counts of forgery 2nd.

The Bank of Castile, through the Le Roy Police Department, is asking customers to review bank statements and notify the bank immediately if any unusual activity is found.

Assisting in the investigation was the Buffalo office of the FBI and the Bank of Castile.

Jeffery Owen Coats, 45, of 10553 Bethany Center Road, Bethany, is charged with stalking 4th. Coats is accused to sending text messages to his ex-wife after State Police ordered him to stop texting her.

A 16-year-old from Batavia has been charged with menacing 2nd. The boy is accused of brandishing a large kitchen knife during a domestic dispute.

The Genesee County Department of Social Services reports that a former Batavia resident, Alexis Oberlander, now residing in Buffalo, was sentenced in Genesee County Court on Monday on welfare fraud charges.

She bilked the Genesee County Department of Social Services out of $60,523.50 and was sentenced as a second-felony offender and will serve one-and-a-half to 3 years in prison.

The case has a long history.

Oberlander was originally arrested on March 23, 2006 and charged and convicted in December 2006 on 12 counts of Offering a False Instrument for Filing in the 1st Degree and one count of Grand Larceny in the 2nd Degree.

She filed an appeal and was given a stay on her sentence. In March 2009 the Appellate Division overturned 12 of the 13 counts and granted her a new trial on the remaining count of Offering a False Instrument for Filing in the 1st Degree.

After a jury trial, she was convicted last August of one count of Offering a False Instrument for Filing in the 1st Degree.

Anyone wishing to report suspected cases of Welfare Fraud in Genesee County can contact the Genesee County Department of Social Services at (585) 344-2580 ext 6417 or 6416. All calls are confidential.

A 21-year-old Batavia mother is accused of hurting her baby after the infant would not stop crying.

Nikki Stonebraker, of 25 Vine St., is charged with assault 2nd and endangering the welfare of a child.

She was jailed on $10,000 bail.

Stonebraker allegedly placed her hand over the 6-month-old infant's mouth and pushed down after the baby's cries awoke her around 11 a.m. on Dec. 21.

Batavia Police say the baby is doing fine now and has been placed with the father.

An Alexander woman who reportedly fled after she got wind of deputies going to her residence to arrest her on a warrant, entered a guilty plea today to a probation violation.

Brittany L. Frey failed to appear at Genesee Justice on four occasions under terms of her probation, so Judge Robert Noonan issued an arrest warrant.

According to a Sheriff's Office release in November, Frey heard deputies were looking for her, so she parked her car on Attica Road and fled into the woods. She was later found at a Batavia apartment.