crime

By 6 p.m. today, the 12 jurors were picked who will decide the guilt or not of Ronald J. Wendt, accused of manslaughter, DWI and reckless driving in an accident that took the life of an 18-year-old Dansville girl.

In the morning, Tuesday, court will convene to select alternate jurors, with opening arguments to begin later in the day.

After the jury was picked, and the jurors and prospective alternates left, Judge Robert Noonan ruled that District Attorney Lawrence Friedman will not be allowed to use a PowerPoint presentation as part of his opening statement.

Noonan said there was no case law he could find allowing PowerPoint to be used in the opening summation, though there is case law to support its use in closing. Noonan said he would change his ruling if Friedman could find a prior ruling allowing its use.

A Batavia man who allegedly attempted to rob the Oakfield Pharmacy today didn't get very far.

The pharmacist and another employee took a chance that the man didn't have a weapon and wrestled him to the floor, pinning him there until State Police arrived.

Cain A. Catino, 39, of Seven Springs Road, allegedly entered the shop at 12:30 p.m., went behind the counter and demanded hydrocodone.

An employee in the back of the store immediately called 9-1-1.

While law enforcement was in route, Catino was reportedly subdued by the pharmacy's owner. Catino had left his car in the parking lot with the engine running.

An ambulance was requested to the scene to check on an employee, and the employee was treated at the scene, but not taken to a hospital.

It's not believed that Catino had any accomplices, and though he reached in his pocket like he might have a weapon, he did not display one.

The State Police are handling the investigation. The Genesee County Sheriff's Office also responded to the scene as well as the Oakfield Volunteer Fire Department ambulance.

The case is still under investigation and no more information is available at this time.

(initial report)

A robbery is reported to be in progress at the Oakfield Pharmacy on Main Street in the Village of Oakfield.

The subject is reported to be a white male with blond hair. The Town Clerk is asked to be watchful as she has a camera in her office across the street to take pictures of the scene.

Two people are holding the suspect down on the floor inside the pharmacy.

UPDATE (12:50 p.m.): Two pharmacy workers subdued the suspect and Sheriff's deputies now have him in custody. No injuries are reported.

UPDATE (12:59 p.m.): The suspect is a parolee. A medic is requested to the scene because someone was said to be assaulted in the incident.

UPDATE (1:13 p.m.): The assault victim is said to have refused medical aid.

Every few years a case comes along that the national media hypes as “The Trial of the Century.”

Jurors are being chosen today in Genesee County Court for what may not even be the local trial of the year – that label might better be applied to the Scott Doll murder case – but for Ronald J. Wendt, it's his trial of a lifetime.

He is charged with 11 felony counts stemming from a fatal automobile accident on Aug. 12, 2009, including aggravated vehicular manslaughter. The charge alleges more than just drinking-and-driving. The indictment contends that Wendt drove recklessly, causing an accident that took the life of another person.

If convicted of all charges against him, and given the maximum sentence, the 25-year-old Alexander resident would be older, by the time he's released from prison, than 60 percent of the people reading this article are today.

The charge carries a maximum 25-year sentence.

But Katie Stanley had her entire adult life ahead of her. The Dansville resident was just 18 when she was killed on Route 20 in Darien that summer day.

One of the key issues in the trial will be -- was Wendt really responsible for her death?

District Attorney Lawrence Friedman will try to establish: that Wendt was legally impaired by alcohol at the time of the accident; that he was reckless when he made a left-hand turn into oncoming traffic in order to pull into the parking lot of My Saloon; and that his actions are a direct cause of Stanley's death.

Defense Attorney Thomas Burns will try to prove that Wendt was not over the legal limit at the time of the accident. He will argue that a .08 BAC recorded in a test more than an hour after the accident, represents a slight elevation in his BAC from his last drink, but not his BAC at the time of the accident.

Wendt reportedly recorded a .07 in a breath test at the scene. Field breath tests, however, are not admissible as evidence at trial, by either side. 

Wendt, who was helping a friend bale hay that day, has said he drank his last beer about 15 minutes before the accident. That drink may not have made it into his system at the time of the accident, but could have shown up in the later BAC test.

Also at issue are the actions of the other driver Rachel L. Enderle, 27. There were reportedly no skid marks at the scene, and prior to trial, it's not been publicly established how fast the car was going at the time of the accident. 

The spot of the accident is an area in Darien Center that is posted 40 mph along a stretch of Route 20 that is otherwise 55 mph.

Enderle along with Wendt was named in a lawsuit filed in Rochester earlier this year by Timothy L. Enderle, who was also a passenger in Rachel's car.

"Any time there are two cars in an accident, there is a certain percentage of fault with both drivers," said Timothy's attorney, Sheldon W. Boyce.

The key question in this trial is to what degree, if any, is Ronald J. Wendt at fault? And if found at fault to any degree, how much of his life should he be forced to give up?

For previous coverage, click here.

As a man we only knew as John Doe lay cuffed and prostrate in the back of a patrol car waiting to be arraigned on a trespass charge at Darien Town Court, Chief Deputy Gordon Dibble mused, "some people just shouldn't drink."

The night was still young, but already a handful of individuals had caused a mess of trouble for security and law enforcement at Darien Lake Performing Arts Center during the Aug. 28 Tom Petty concert.

Outside of two young guys busted for allegedly trying to sell hallucinogenic mushrooms, all of the night's law enforcement issues dealt with people drinking, and a little marijuana use, too.

"There are many more arrests we could make, but we try to arrest the people who need to be arrested," Dibble said. "We try to eject as many people as we can -- the people who can’t behave themselves. Usually the people who get arrested -- there’s just no other alternative."

Take the case of Jonathan Raymond -- a.k.a. John Doe:  When he was taken into custody, according to one deputy, even his friends were saying, "Get him out of here." 

Investigator Roger Stone, who was in uniform, was on patrol and served as my ride-along escort for the first part of the night. We encountered Raymond in the security trailer next to the concert venue where arrestees are first brought for processing. 

At about 5'-10" and 190 lbs, the 21-year-old Raymond had some strength to throw around if he wanted. He offered enough resistance and spit out enough verbal threats that deputies were clearly intent on keeping him under control.

In the trailer, two deputies kept Raymond cuffed in a chair and their arms on his shoulders.

He kept demanding to leave, cussed at anybody who came within sight and let everybody know that given a chance, he could and or would kill them.

As Raymond sat while Sgt. Thomas Sanfratello prepared his paperwork, a female security guard pushed into the trailer a cuffed 19-year-old Sara J. Cooper.

"Whoa, I'm so scared," Cooper yelled. "Just so you know."

Later Cooper would reportedly start calling a woman deputy a couple of choice female-specific slurs and allegedly fight back against a deputy, getting herself shoved against a wall and held there until she settled down.

When it came time to escort Raymond to Stone's cruiser, five deputies were on hand to lead him from the trailer to the car and then try to get him into the back seat. 

Raymond said he wasn't going to do it. He wanted to be let go.

Investigator Stone, whose smooth baritone could improve many doctors' bedside manner, said, “You seem like a good guy. Why don’t you just get in?”

“Who are you?

“Stone.”

“Stone who?”

“Roger Stone. I’m one of the deputies.”

Raymond didn't move. One of the deputies suggested picking up by turning him on his side and pushing him log-like into the backseat.

While Raymond verbally protested, his bit of wiggling and bucking was easily controlled by the deputies.

Once we were on the road, Raymond told Stone, "You're pro-Indian, so why do you act like a white man, mother f---ker?"

When Stone didn't answer, Raymond pleaded, "Stonehorse?"  No reply. Louder: "Stonehorse?"

"What?" Stone kind of whined.

“If you act like a white man, you are a white man.”

Raymond then started to cry.

“I want you to be on our side, Stonehorse.”

Pause.

“I’m going to kill you Stonehorse.

Stone: "No you’re not. Come on."

"Ok," Raymond said. "I won’t."

And a few minutes later, Raymond said again, "I'm going to kill you, Stonehorse."

I asked Stone, "Isn't that something you could charge him with?"

Stone shrugged. "Sure," he said, "But why?"

Roger Stone is clearly not a cop who relishes confrontation. When he drove Brett Tofil and Joseph Kulig to the Genesee County Jail following their arrests on drug charges, each getting $5,000 bail, one of the young men thanked Stone for "being cool."  

But that "coolness" doesn't deter Stone from understanding he has a job to do. He sees a lot of value in the drinking-related arrests the Sheriff's Office makes, and also in the underage drinking citations deputies issue.

He totally rejects the suggestion that these law enforcement efforts are just aimed at generating revenue for the county or are motivated by a cop's desire to ruin somebody's good time.

"We’ll never know when we’ve stopped somebody from getting too inebriated," Stone said. "We’ll never know when we’ve saved their lives or the lives of somebody else. To me, that’s the reason why we need to do it.

"It’s the same thing as getting drunken drivers off the road. We’re never going to know whether we stopped some accident or somebody from being injured or killed. But you know the fact that we’re going out there and reducing it now and then is a good thing, and I feel good about doing it."

The Sheriff's Office has only 25 patrol officers, including sergeants, according to Dibble, so when it comes to one of the 18 concert nights at Darien Lake, Dibble himself and investigators such as Stone help out with patrols.

The Sheriff's Office provides traffic control and law enforcement inside the venue, while the State Police also patrol the roads surrounding the venue, mainly targeting drunken drivers.

To help with the manpower inside the concert venue, this summer, Sheriff Gary Maha deputized off-duty Batavia police officers, who were paid by the concert promoter, Live Nation.

During the Petty concert, one of those deputized officers, Eric Hill, was hurt when 20-year-old Matthew J. Pasternak allegedly resisted arrest. Hill's finger was splinted and iced following the altercation and Hill was concerned that it was broken. A couple of days later, Hill said his finger was still sore, but didn't appear to have been broken. He didn't miss any duty.

The Petty concert on Aug. 26, as well as the one a couple of weeks earlier, had a number of violent confrontations with law enforcement. Deputies found it surprising, since Petty is an older act without much of a hard-rock edge, and they said Petty concerts weren't, in past years, rowdy.

But every performer brings it owns audience, Dibble said.

"Some are more aggressive," Dibble said. "Some bring in more drugs, some more alcohol and some bring in more kids sometimes."

Dibble said the Sheriff's Office works closely with Live Nation so deputies are prepared to deal with the type and size of crowd anticipated.

"It's a partnership for sure," Dibble said.

Live Nation actually pays for all of the law enforcement inside the concert venue, including about 100 of its own security personnel (including personnel in the parking lots), according to Pete Riedy, with Live Nation.

People pay a lot of money to attend shows at Darien Lake, and 99 percent of them have a good time, and even down a few beers, without causing a problem, Riedy said. They don't want to be bothered with unruly drunks.

"Unfortunately there’s always a few people who take it to the next limit and cause problems," Riedy said. "Alcohol is usually the reason. ... No matter how many rules and restrictions you put on people, there are going to be certain people who can’t control themselves."

And with booze being the chief cause of problems, Riedy said, it's important that both security and local law enforcement address the underage drinking issue. While some people criticize deputies for writing underage drinking citations, Riedy said it's an important part of keeping people safe.

"Nothing good comes out of kids drinking in the parking lot and drinking when they're under age," Riedy said. "If I could, I’d have 100 more Sheriff’s deputies out there."

And writing underage drinking citations isn't hard, Dibble said. The typical kid will walk right up to a deputy, or otherwise brazenly display a beer or wine bottle with law enforcement in the area.

Dibble recalled one time he was standing in the parking lot -- in uniform -- and a 17-year-old walked right up to him, beer in hand.

"I don’t know if it’s the effects of alcohol, if it’s a sense of entitlement, I don’t know," Dibble said. "I can’t explain that."

If not for the deputies enforcing the underage drinking law, Riedy said, the only other alternative would be to disallow tailgating, and Live Nation doesn't want to do that. It wouldn't be fair to the majority of people who can remain civil and obey the rules.

"(Drinking problems) don't make our venue look good," Riedy said. "It doesn't make any venue look good. It makes people not want to come back. My biggest concern running the venue is people’s safety and people enjoying the concert.

"People pay a lot of money to come here. My biggest concern is that people have a good time."

Photos: Top, Sara Cooper is escorted into the processing trailer; Inset, Jonathan Raymond being held in his chair inside the trailer; Bottom, Brett Tofil and Joseph Kuligafter outside Darien Court after being arraigned. Roger Stone, right, allowed them a chance for a smoke and to make calls on their personal mobile phones to friends and relatives to arrange for bail.

Richard J. Kubis, 30, of 25 Vine St., Batavia, is charged with endangering the welfare of a child. Kubis is accused of supplying cigarettes to two youths, ages 12 and 13.

Darlene McComb, 51, of 110 Bank St., Batavia, is charged with harassment, 2nd. McComb was arrested on a warrant for an alleged Aug. 27 incident. McComb is accused of kicking UMMC emergency room staff.

Lawrence D. Williams, 50, of 15 Walnut St., Batavia, is charged with harassment, 2nd. Williams is accused of shoving a woman. Bail was set at $200.

Clinton J. Reese, 46, of 106 Ellsworth Ave., Batavia, is charged with aggravated harassment, 2nd. Reese is accused of threatening to kill another person.

Chelsie R. Dibble, 25, of Corfu, is charged with DWI and aggravated DWI. Dibble was stopped by State Police at 2:26 a.m., Sunday, on Akron Road in Corfu.

Carl F. Jenkins, 18, of Clarence Center, is charged with DWI and driving with a BAC of .08 or greater. Jenkins was stopped by State Police at 1:47 a.m., Saturday, on Route 238 near Route 20 in Darien.

Edmund Rogalski, 51, of Rochester, is charged with DWI, aggravated DWI, and aggravated unlicensed operation of a vehicle. Rogalski was stopped by State Police at 1:38 a.m., Thursday, on the Tonawanda Indian Reservation.

David P. Neibert, 23, of Albion, is charged with DWAI-Drugs, two counts of criminal possession of a hypodermic instrument, criminal possesion of a controlled substance and several vehicle infractions. Neibert was charged following a head-on collision on Route 98 near West Saile Drive on Wednesday. Neibert's pickup truck hit a Thruway maintenance truck driven by Nick Ciccarelli, 42, of Lancaster. Ciccarelli was uninjured in the accident. A passenger in the Thruway truck, Kevin Thompson, 40, of West Seneca, transported himself to Mercy Hospital for a possible neck injury.

Thomas John Bressinger, 42, of Countyline Road, Darien, is charged with criminal mischief, 4th, and harassment, 2nd. After coming home from work on Thursday, Bressinger is accused of breaking a computer monitor, punching holes in the wall next to his wife's head, kicking her and threatening to kill her.

It can be hard to admit you might have been scammed, but if you think you've been caught up in a paving scam, Investigator Leo Hunter of the New York State Police needs to hear from you.

A family of Gypsies by the last name of Stanley, who have a record of arrests and lawsuits in other jurisdictions, may be operating in the area.

As The Batavian reported yesterday, one Corfu couple complained to the State Police this week about an apparent scam. A man identified as J. Stanley told a couple that he had extra asphalt left over from another job, and that he could pave their driveway for $3,000. But the couple wound up paying $7,500 once the job was completed.

From California to New Hampshire, the Stanleys are accused of tricking residents into paying high prices for shoddy paving jobs.

But proving an actual crime was committed locally could be difficult unless other alleged victims can be found.

The group of workers is described as driving shiny and spotlessly clean bright red trucks.

Hunter said the Stanley's normal mode of operating is to pull up to a house in like-new trucks and talk a good game about an inexpensive paving job. Then when the job is about half way through, start arguing among themselves -- to create an environment of confusion -- with the boss saying it's more work than expected and more asphalt is needed. They threaten to leave, with an incomplete paving job, unless the homeowner agrees to pay more.

According to Hunter, the Office of Homeland Security provided information on the Stanleys. They are believed to operate under a number of business names, including Century Paving and Driveways, Road One Paving, Patriot Paving, Verizon Paving and Premier Paving.

There are pending lawsuits involving the Stanleys in Vermont and Washington, Hunter said.

"They're bilking people out of money to the tune of millions," Hunter said.

One problem that makes them difficult to prosecute, Hunter said, is that just enough of the job is done to make the issue more of a civil matter than a criminal matter.

To contact Investigator Hunter call 344-6200, ext. 6212. If Hunter isn't available, ask for a supervisor.

Previously: Traveling pavement crews may be running asphalt scam in region

Google: "Stanley Paving Scams."

A Corfu couple is feeling burned and they want to warn other area residents not to fall for the same scam a traveling pavement company pulled on them.

The couple -- who asked not to be identified -- paid $7,500 to have an asphalt driveway installed, which was more than the original $3-per-square-foot quote the contractor gave when he arrived at their door saying he had some asphalt left over from a previous job.

While the two-day-old driveway looks beautiful and black right now, the couple has since learned it won't even last a year.

The husband first became suspicious when, after the job was done, the contractor insisted on getting a check immediately because he said he needed to pay for the asphalt. The man thought, "why does he need to pay for asphalt if it was extra?"

About that time, the wife called her parents and her father said he had read about asphalt driveway scams on the Internet.

That's when they decided to call police and contact local media. The couple claim the out-of-state contractor -- whom we're not identifying because the case remains under investigation -- is listed on a website that warns of just such scams. They say crew boss is wanted for the same alleged scam in other states. (We didn't find the same site, but search "driveway paving scams" in Google and you'll find thousands of articles on the topic.)

After the asphalt was down and the check was cashed, the homeowners had another local contractor look at the work. He said, according to the couple, that the workers who put down the asphalt didn't prepare the bed properly and the asphalt needs to be about three times thicker than it is.

We called Tim Hens, county highway superintendent, for his expert opinion and Hens said a well-installed asphalt driveway would have a sealing coat over a crushed rock bed and about three inches of asphalt laid.

The Corfu couple's driveway is an inch or less thick.

"It's not uncommon for contractors to have extra asphalt after a job," Hens said. "But I've never heard of them going around door-to-door trying to peddle it for another job. It's just not how it's done."

State Police Investigator Leo Hunter is looking into the Corfu case, but his investigation began only yesterday. He said it's not clear yet that a crime has been committed. If it's just a matter of alleged shoddy work, it could be a civil matter. However, if there are other local victims of the same firm, that could indicate deliberate fraud taking place.

The Los Angeles Times offers these seven signs that you're being scammed:

• Unsolicited offers to do painting, roofing or paving work
• Claims of leftover materials
• High-pressure or scare tactics
• Reluctance to sign a written contract
• Demand for payment in cash
• New vehicles and out-of-state license plates
• Toll-free telephone contact numbers instead of a local number

Or as Hens put it, "If it seems too good to be true, it probably is."

"You get what you pay for," he added.

As for the Corfu couple, they're feeling both angry and embarrassed.

"It's almost as if you're naive if you believe people these days," said the husband.

A truck driver out of Syracuse is being charged with DWI after reportedly taking his rig down Union Street this afternoon and hitting some trees.

City Councilman Bob Bialkowski brought up the incident at Monday night's council meeting, congratulating Chief Randy Baker and his department on a swift arrest of the apparently wayward driver.

Bialkowski said he was on Union at the time of the alleged incident, heard a loud noise -- louder than the sound of a small airplane crash, he said -- and turned around and saw the truck coming down the roadway with a gaping hole in the side of its trailer. The driver, he said, was trying to look in the side mirror to see what happened.

Taken into custody was Darren D. Jones, 45, of 168 Parkside Ave., Syracuse.

He was charged with aggravated DWI in a commercial vehicle and disobeying a traffic control device.

City police said the first report of an erratic truck driver came in about a semi exiting the Thruway. Jones was pulled over on West Main Street.

There is a weight limit on Union, according to the police press release, and Jones allegedly ignored it.

The report says Jones' truck had significant damage.

Kelly Jo Spenton, 37, of 6047 Transit Road, New York, is charged with petit larceny. Spenton is accused of stealing the contents of another person's mail. The alleged offense occurred at 39 S. Pearl St., Apt. 1, Oakfield on Aug. 24.

Zachary Ryan Morath, 19, of Summerfield Drive, Lancaster, is charged with DWI and failure to keep right. Morath was charged following a car accident on Route 5 in Darien at 7:40 a.m., Saturday. The investigation was handled by Deputy Jason Saile.

Larry S. Yoho, 38, of Batavia, is charged with criminal trespass, 2nd, harassment, 2nd, and aggravated harassment, 2nd. Yoho was arrested by State Police for an alleged incident at 10 Maple St., Batavia, at 9:23 p.m., Sept. 6. Yoho was jailed, but the bail amount -- if any -- was not provided. No further details available.

Valerie S. Wells, 44, of Medina, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Wells was stopped by State Police on Park Road, Batavia, at 5:35 p.m., Thursday.

The Sheriff's Office is looking for assistance in locating Deborah Compton. Compton is wanted on a warrant on charges of resisting arrest and promoting prison contraband. Compton has reportedly failed to appear for court appearances on the charges after posting bail.

UPDATE: Some additional info has come through. Compton is 53. Last known address, 6542 Swamp Road, Byron. In March, she was charged with aggravated unlicensed operation. She allegedly resisted arrest at that time. When she was booked into jail on those charges, she was allegedly found in possession of marijuana. She allegedly failed to appear for her next court appearance on those charges and was arrested in May. She has subsequently allegedly failed to make her next court appearance.

Paula J. Legg, 43, of South Pearl Street, Oakfield, is charged with petit larceny and endangering the welfare of a child. Legg is accused of stealing mail in the presence of a child.

Following a joint investigation by Batavia Police detectives and the U.S. Secret Service, a Batavia businessman has been charged with fraud.

Nicholas Salvador, 46, of 20 Park Ave., Batavia, owner of East Main Sunoco, is being charged with two federal crimes related credit-card fraud.

The investigation is related to the arrest in March of Dustin Hurlburt, 32, of 21 Elm St., Warsaw, who was accused of operating a complicated scheme to buy building materials at Armor Building Supply using credit-card numbers obtained at the gas station where he worked and reselling the material.

Salvador is accused of using credit-card information of more than one person, and on more than one occasion, to purchase building materials at Armor Building Supply on several dates in 2009.

Det. Kevin Czora headed the investigation in Batavia.

Robert P. Leiser, 41, of Lockport Road, Oakfield, is charged with trespass, criminal possession of marijuana, 4th, and unlawful possession of marijuana. State Police and Sheriff's deputies came into contact with Leiser on Lockport Road, Oakfield, when responding to a report of a fight at 10:54 a.m. There was reportedly a warrant for his arrest on a trespass charge as well as a warrant out of Monroe County on the marijuana charges. No charged were filed in connection with the fight call.

Donna Marie Kowsky, 35, of Byron Holley Road, Byron, is charged with DWI, driving with a BAC of .18 or greater and following too closely. Kowsky was charged after reportedly being involved in a motor-vehicle accident at 7:58 p.m., Tuesday, in the area of 6112 Byron-Holly Road, Byron. Kowsky was allegedly tailgating.

Gregory Allen Jones, 31, of Main Street, Le Roy, is charged with criminal contempt. Jones is accused of contacting a person he was barred from contacting by court order.

Brandon M. Weig, 22, of Batavia, is charged with menacing, 2nd, criminal possession of a weapon and endangering the welfare of a child. State Police responded to an unspecified incident at 3:34 p.m., Monday, and arrested Weig. No further details were released.

A 34-year-old Batavia woman is being accused of letting drug dealers operate from her home at 3 Vine St.

The woman and three other people were arrested Wednesday following a raid by the Local Drug Enforcement Task Force at the residence.

The four arrests make it a total of five people accused of drug dealing at that address.

Sara H. Butler was charged with criminal nuisance, 1st, which is a class E felony in New York.

Butler and the other people taken into custody at 5:30 p.m. were charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, criminally using drug paraphernalia, 2nd, and loitering.

The three others arrested were Quinton L. Spinks, 26, of Terrance Park, Rochester, Steven J. Hirsch, 23, of Raymond Avenue, Batavia, Cheetara M. O'Neal, 24, of Sawyer Street, Rochester.

On Aug. 26, 40-year-old William J. Butler was taken into custody at the same address. Butler is suspected of trafficking in crack cocaine and was charged with two counts of criminal possession of a controlled substance, 3rd, and promoting prison contraband, 1st.

The four arrested yesterday are accused of dealing cocaine and crack cocaine. Investigators executed a search warrant on the residence and allegedly found both drugs in the house. Their combined reported street value is $2,000. Investigators also say they found more than $600 in cash.

Butler, Spinks and O'Neal were taken into custody at the residence. Hirsch was reportedly seen leaving the residence just before the raid and taken into custody on East Avenue.

Batavia police officers assisted in the raid.

All four suspects were arraigned and jailed without bail.

Photos, from top: Sara Butler, O'Neal, Hirsch, Spinks.

Members of the Local Drug Enforcement Task Force executed a search warrant and 3 Vine St. this evening.

According to Sgt. Steve Mullen of the Genesee County Sheriff's Office four people are currently being detained pending completion of the search.

Mullen did not specify the type of drug activity believed to have taken place at the residence.

On Aug. 26, 40-year-old William J. Butler was taken into custody at the same address. Butler is suspected of trafficking in crack cocaine and was charged with two counts of criminal possession of a controlled substance, 3rd, and promoting prison contraband, 1st.

At least two of the people being held pending completion of the investigation are women.

Mullen anticipates that if any arrests are made, they will be made tonight and a press release will be issued.

Gregory S. Snyder, 41, of West Main Street Road, Batavia, is charged with harassment, 2nd. Snyder is accused of throwing and hitting a woman with a crushed beer can and then spitting on her. The alleged incident occurred at 4:15 p.m., Tuesday, at 3687 W. Main St. Road, Batavia.

Julia Bishop Wescott, 27, of Bank Street, Batavia, was picked up on a bench warrant out of family court. Wescott was arraigned in Town of Batavia Court where she posted $100 bail.

Michael L. Jackson was clearly relieved to receive concurrent sentences on multiple felony convictions in Genesee County Court this morning.

After Judge Robert C. Noonan announced that Jackson's two-year prison term on a drug-dealing charge could be served while he's also in prison for breaking into and trashing the offices of Holland High Lift in Bethany, Jackson gave a little thumbs up and turned to his family sitting behind him and smiled.

Dressed in Genesee County Jail orange and with his wrists cuffed, Jackson was clearly anxious about his fate during the morning hearing, up until the point the second sentence was pronounced.

The former Oakfield resident, who's home was destroyed in a fire two years ago, entered a guilty plea to charges of burglary, 3rd, two counts of grand larceny, criminal mischief, 4th, and witness tampering, 4th.

Noonan noted that Jackson clearly recognized he had no defense to the charges when he entered his unconditional plea the day his trial was supposed to start.

He sentenced Jackson to two-and-a-third to seven years in state prison on the burglary and larceny charges and one year concurrent on the witness tampering charge.

After Jackson's June 10 guilty plea, the Batavia resident was caught selling prescription drugs to an undercover agent. Last week, Jackson entered a guilty plea to a charge of criminal sale of a controlled substance.

Jackson obtained no sentencing cap or a promise of concurrent sentences with either guilty plea.

Attorney Gary Horton said Jackson stayed out of trouble from 2003 until 2009, when he lost his home and seemed to go into a tailspin. He said Jackson was so drunk the night in broke into Holland High Lift that he had a blackout and remembers nothing about it.

When asked by Noonan if he wanted to make a statement before sentencing, Jackson said, "Sir, I don't really remember that night. If I did, I should not have done it. Other than that, I'm sorry."

Most of Holland High Lift's losses were covered by insurance, but there was a deductible and a damaged motorcycle that was not covered. Jackson was ordered to pay $2,500 in restitution.

A Rochester man accused of breaking into the home of a former friend and threatening the woman with a knife had his bail set at $50,000 today by Genesee County Court Judge Robert C. Noonan.

Robert Thigpen III, 35, of 287 Flower City Park, Rochester, was jailed without bail after his arrest because with his prior felony conviction, a city court can't set bail.

Noonan set a fairly high bail because of the seriousness of the offense and the prior felony conviction, but also raised a concern that Thigpen will face a more serious charge of burglar, 1st, rather than the current burglary, 2nd, charge, when the case goes to the grand jury.

"The facts in supporting documents would support a burglary, 1st, charge," Noonan said. "I’m not sure if it will shake out that way, but it has the possibility of very serious consequences for Mr. Thigpen."

Thigpen is also charged with menacing, 2nd.

The alleged attack occurred last week on State Street.

The defendant resident has been living and working, including running his own cleaning business, in Rochester for two years.