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Batavia man who led police on chase into Le Roy pleads guilty to DWI

By Howard B. Owens

He wasn't caught until he ran out of gas, but a Batavia man who led several area law enforcement agencies on a pursuit and search will likely serve one to three years in state prison after pleading guilty today to a DWI charge.

Randy S. Rumble, 28, of State Street, Batavia, admitted in court this morning that he was intoxicated at the time he was spotted driving his car on Morganville Road, where he ran out of gas.

The chase started in Livingtson County, but an Avon Police officer had to break off the pursuit as Rumble's car entered Genesee County.

The car was later spotted by Le Roy Police at a gas station in Le Roy, and apparently Rumble left the station before refueling.

Because Rumble had a DWI in Alexander in 2005, and he was driving on a revoked license, he was charged with a felony DWI in this case.

Sentencing is set for Oct. 14. He is being held in Genesee County Jail on $5,000 bail.

Police Beat: Resident on State Street allegedly menaced by Rochester man

By Howard B. Owens

Robert Thigpen, III, 35, of 287 Flower City Park, Rochester, is charged with burglary, 2nd, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. Thigpen is accused of entering the apartment of an acquaintance on State Street at 10:37 p.m, Monday. He allegedly shoved the victim and threatened the person with a knife. Thigpen was located a short time later by officers Eric Hill and Kevin DeFelice and taken into custody without incident. Thigpen was jailed without bail.

Ricardo Velasquez, 21, of Elba, is charged with Aggravated DWI and speeding. Velasquez was stopped by State Police at 3:45 p.m., Sunday, for allegedly driving 96 mph in a 55-mph zone on Route 262 in Elba. Velasquez was taken to the police barracks and tested for alcohol and allegedly found to have a BAC of .28. Upon further investigation, it was determined that Velasquez is allegedly in the country illegally. Velasquez was jailed on $2,500 bail or $5,000 bond. A detainer was filed by the Border Patrol.

Livingston County man tied to alleged car theft in Batavia

By Howard B. Owens

A car stolen from outside a business on Liberty Street this past Thursday night was recovered in a cornfield near Geneseo and the alleged thief apprehended after his girlfriend reportedly turned him in.

Taken into custody by the Livingston County Sheriff's Office was Richard P. Brown III, 21, of Honeoye, on charges of possession of stolen property and criminal mischief.

The 2009, gray Chevy Malibu, which was reportedly stolen from an employee of Ficarilla's Pizza from outside the restaurant, was located by Livingston County deputies after a farmer complained Friday about a car being driven into his cornfield, damaging crops.

Brown was already in jail at the time the car was found, having allegedly gotten into a fight Thursday night with his girlfriend. Following an investigation, he was arrested on the additional charges today.

According to Det. Todd Crossett of the Batavia PD, Brown told his girlfriend about the car, who subsequently told investigators in Livingston County about the connection.

Brown is being held on $5,000 cash bail or $10,000 bond in the Livingston County Jail.

Crossett said the Batavia PD is seeking an arrest warrant so additional charges can be filed in Genesee County. Since Brown is reportedly out on parole, Crossett said he isn't too worried about Brown getting out of jail in Livingston County before the warrant is served.

Convicted of burglary, Batavia man admits to prescription drug sales

By Howard B. Owens

A Batavia man already facing a prison term for burglarizing a Bethany business in April, 2009, admitted in court today that he sold prescription drugs to an undercover agent.

On the burglary conviction, Michael L. Jackson, 29, of 1 Seneca Ave., is facing a two-and-a-half to seven-year prison term. The drug charge could tack on an additional two years in prison.

Jackson entered a guilty plea to criminal sale of a controlled substance with no guarantee of concurrent sentences on his prior conviction.

On June 10, Jackson pled guilty to burglary, 3rd, two counts of grand larceny, criminal mischief, 4th and witness tampering, 4th.

He admitted to breaking into the offices of Highland High Lift, where he reportedly broke windows to gain entry to offices that were unlocked, stole a truck valued at $19,000 and other items valued at $8,000.

There was reportedly DNA evidence linking him to the scene of the crime.

Jackson's arrest on the drug sale charge was announced Aug. 15. If given consecutive sentences, and the full two years on the drug charge, Jackson would not be eligible for parole until 2016.

Sentencing on both convictions is set for Sept. 8. Meanwhile, Jackson is being held in Genesee County Jail without bail.

Police Beat: Robbery and drug charge follow alleged domestic incident

By Howard B. Owens

Christopher Patrick Ball, 28, of Ellicott Street Road, Batavia, is charged with robbery, 3rd, and criminal possession of a controlled substance, 7th. Ball was arrested following an investigation into an alleged domestic incident at 9:55 a.m., Sunday. Ball is accused of stealing the victim's purse. Upon further investigation, Ball was allegedly found in possession of hydrocodone.

Misael O. Rodriguez, 27, of North Clinton Avenue, Rochester, is charged with unlawful possession of marijuana. Rodriguez was reportedly found at 3:33 p.m., Sunday, by security officers at Darien Lake in a parking lot rolling a joint.

Daniel Lee Ward, 23, of West State Street, Albion, is charged with unlawful possession of marijuana. Ward was stopped  for an alleged traffic violation at 9:54 p.m., Thursday, on Route 98 in Batavia by Deputy Patrick Reeves.

Lloyd Peter Parsons, 49, of Broadway Road, Darien, is charged with unlawful possession of marijuana. Parsons was arrested on a warrant out of Orleans County. At the time of his arrest by Deputy Patrick Reeves, he was allegedly found in possession of marijuana.

Michael Joseph Valtin, 25, of Church Road, Bennington, is charged with endangering the welfare of a child. Valtin is accused of having unwanted physical contact with a child while visiting a campground.

Richard B. Smith, 21, of 4753 East Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Smith was stopped at 2:28 a.m., Sunday, by Sgt. Michael Hare of the Le Roy Police Department on West Main Street, Le Roy.

Elizabeth Anne Geddes, 53, of Stepping Stone Lane, Orchard Park, is charged with DWI, driving with a BAC of .08 or greater, driving while impaired by drugs, driving while ability impaired (alcohol and drugs) and criminal possession of a controlled substance. Geddes was stopped by Deputy Chad Minuto at 7:04 p.m., Saturday, in the parking of Darien Lake during the Tom Petty concert.

Chad Michael Wolter, 39, of Mountain Road, Gasport, is charged with harassment, 2nd. Wolter is accused of throwing his girlfriend to the ground, spitting on her and throwing a beer can at her. The alleged incident occurred at 11:10 p.m., Saturday, at 1575 Sumner Road.

Glenn K. King-McDade, 24, of Somers, is charged with DWI, driving with a BAC of .08 or greater and speeding. King-McDade was stopped at 11:17 p.m., Saturday, by Sgt. Michael Hare of the Le Roy Police Department on Clay Street. King-McDade is accused of driving 53 mph in a 35-mph zone.

Joseph Arthur Julyan, 46, of West Bain Street, Albion, is charged with assault, 3rd, and criminal mischief, 4th. Julyan was allegedly involved in a domestic incident where he pushed, grabbed and twisted another person's shoulders. He also allegedly grabbed the other person's mobile phone when the person attempted to call police. Julyan also allegedly violated the terms of his parole by being out of his county of supervision and drinking. He was jailed on $10,000 bail. New York State Parole was notified.

Jayme Roland Lang, 37, of Lewiston Road, Alabama, is charged with computer tampering, 4th. Lang is accused of changing the password on a woman's computer, denying her access to the computer.

Jose L. Rodriguez, 36, of 28 Voss Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and failure to maintain the driving lane. Rodriguez was stopped at 2:02 a.m., Saturday, by Officer Kevin DeFelice on Oak Street, Batavia.

Eli R. Graves, 20, and Zachary J. Bourque, 20, both of East Aurora, are charged with burglary, 3rd. They were arrested by State Police for an alleged incident in Darien reported at 10:09 p.m., Friday. No further details were released.

James F. Hemmer, 49, of Elba, is charged with criminal mischief. Hemmer was arrested by State Police at 91 South Main St., Elba, for an alleged incident reported at 11:10 a.m., Thursday. No further details were released.

John T. Reagan, 28, of Cheektawoga, is charged with DWI with a conviction in the previous 10 years. Reagan was stopped by State Police on Sumner Road, Darien, at 11:53 p.m., Thursday.

Timothy D. Moore, of Geneseo, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at a stop sign. Moore was stopped by State Police at 10:14 p.m., Wednesday, on Route 63 and Perry Road, Pavilion.

Fight reported on West Main, Batavia

By Howard B. Owens

Dispatch has received several calls of a fight on West Main Street near Kingsbury Avenue.

UPDATE 9:51 p.m.: Police on scene. Fight apparently dispersed before police arrived on scene. Officers talking with neighbors.


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Woman pushed from car on Route 77, Pembroke

By Howard B. Owens

A woman was allegedly pushed from a silver Chevy Cavalier somewhere along Route 77 in Pembroke.

The woman is reportedly lying in the road.

The incident occurred near the Flying J.

Pembroke and Indian Falls Fire is responding.

Mercy Flight is on ground standby.

A 16-month-old is reportedly still in the vehicle.

UPDATE 9:48 p.m.: Mercy Flight is not needed. The woman will be transported by ground ambulance.

UPDATE 9:59 p.m.: The woman has reportedly told law enforcement she jumped from the car.

UPDATE 10:03 p.m.: It sounds like the vehicle has been located and the child is safe.

Alleged hit-and-run driver charged with DWI

By Howard B. Owens

A 23-year-old Erie County man is accused of striking a minivan and another car at the intersection of Sumner Road and Route 77 at 8:29 p.m. yesterday.

The driver then allegedly fled the scene and was later located in East Aurora.

Jonathan Paul Murphy is charged with DWI, aggravated DWI, aggravated unlicensed operation, 3rd, leaving the scene of a personal injury accident and failure to stop at a stop sign.

The driver of the minivan reported some pain to Deputy Eric Seppela, but was not seriously hurt. None of the children in the minivan were hurt, Seppela said.

The driver of the third car was also uninjured.

The hit-and-run vehicle was traced to Murphy after Seppela found a license plate from the vehicle at the scene of the accident.

The vehicle was later found by a witness in Erie County and Murphy was reportedly seen going into a building. He was taken into custody by State Police and transported back to Genesee County were he was evaluated for alleged DWI and charged.

UPDATE: Additional details released by the State Police. Murphy was reportedly found in the area of Two Road Road, Marilla, after Trooper Timothy Roof responded to the area where the car was registered and reportedly found it abandoned on Two Road Road. A nearby resident reported to Roof  that he thought someone was in his back yard. Murphy was reportedly found hiding in a corn field.

Tom Petty Concert at Darien Lake: 15 arrests, 22 citations

By Howard B. Owens

A 27-year-old Dunkirk man and his 17-year-old companion were accused of dealing hallucinogenic mushrooms prior to the Tom Petty concert at Darien Lake on Saturday.

Both men were jailed on $5,000 bail.

Brett A. Tofil (pictured, left) of Middle Road, Dunkirk, is charged with possession of a controlled substance, 5th. He was also accused of possessing brass knuckles, leading to a charge of criminal possession of a weapon, 4th.

Also arrested was Joseph W. Kulig II (pictured, right), 17, of Custer Street, Buffalo. He was also charged criminal possession of a controlled substance, 5th.

Additional arrests related to the concert:

Adam J. Phillips, 28, of Redman Road, Brockport, is charged with assault, 2nd, trespass and resisting arrest. Phillips is accused of entering the seating area without a ticket several times. When officers attempted to arrest him, he allegedly fled on foot. When apprehended, Philips allegedly fought with officers, punching one in the face and injuring a deputy's finger. Phillips was jailed on $5,000 bail.

Sarah J. Cooper, 19, of Cree-Ton Drive, Amherst, is charged with unlawful possession of marijuana, resisting arrest and two counts of harassment, 2nd. Cooper was allegedly found in possession of marijuana in a vehicle in the parking lot. She is accused of resisting arrest, thrashing about and attempting to get away while being transported to the security office. While being processed prior to arraignment, Cooper allegedly kicked a corrections officer and also kicked a security guard. Cooper was jailed on $1,000 bail. She had also been issued a citation for alleged underage drinking and additional charges may be pending.

Matthew J. Pasternak, 20, of North Ivy Hurst Road, Amherst, is charged with unlawful possession of marijuana, resisting arrest and harassment, 2nd. Pasternak was allegedly yelling and screaming profanities while in the concert venue parking lot. When officers attempted to arrest him, he allegedly fought with them. He was allegedly found in possession of marijuana while being processed prior to arraignment. While EMT personal attempted to treat him for minor abrasions, he allegedly kicked at the emergency personnel. He was jailed on $750 bail. He also had been issued a citation for alleged underage drinking. Additional charges may be pending.

Jonathan Raymond (AKA John Doe),  21, is charged with trespass. He is accused of refusing to leave the concert venue after being instructed to do so several times. The suspect allegedly refused to cooperate and provide information about himself. He was jailed on $1,000 bail.

James R. Ross Sr., 49, and James R. Ross, 25, of Washington Street, Lockport, were charged with disorderly conduct. They are accused of fighting with Darien Lake security while walking from the concert to the campgrounds. They were jailed on $200 each.

Tyler N. Taylor, 25, of Regent Street, Welland, Ontario, Canada, is charged with trespass. He is accused of refusing to leave the parking lot after being told several times to leave. He was jailed on $400 bail.

Eric M. Hallinan, 20, of Sheldon Road, Orchard Park, Jesse P. Hughes, 20, of Tim Tam Trail, Blasdell, and Clayton T. Bainey, 20, of Troupe Street, Buffalo, are all charged with petit larceny for allegedly stealing a charcoal grill from a car in the parking lot.

Myles D. Macleod, 22, of Cedar Street, Akron,  is charged with disorderly conduct. He allegedly physically threatened an officer while in the concert venue.

Sara N. Rogers, 24, of Country Place, Lancaster, is charged with unlawfully dealing with a child, 1st. Rogers allegedly provided alcohol to minors.

Christopher T. Wailand,  28, of Chapel Glenn Drive, Hamburg, is charged with trespass. Wailand allegedly entered the concert venue without a ticket.

The following people were issued citations for alleged underage drinking:

Rachel R. Pawelski, 18, of Country Place, Lancaster
Kristie C. Dunphy, 20, of Cass Avenue, Cheektowaga
A 17-year-old, of Leawood Drive, Tonawanda
Gregory A. Minkewicz, 20, of Greentree Road, Tonawanda
Alexander B. Kucera, 19, of N. Ellicott Court, Amherst
Jonathan C. Wolf, 19, of Idlewood Drive, Tonawanda
Tony G. Molino, 19, of Herdle Avenue, Buffalo
Allison P. Reinagel, 20, of Canada Strett, Holland
Tracey A. Paglicci, 19, of Harlem Road, Amherst
Robin E. McDonald, 20, Dellwood Street, Amherst
Lyndsey M. Noreek, 20, of Christen Court, Lancaster
Robert C. Sedivy, 20, of Elm Avenue, West Seneca
Cassie J. Pomeroy, 19, of Claudette Court, Cheektowaga
Brock A. Morsch, 19, of W. Liberty Street, Dansville
Michael L. Daniel, 18, of Clinton Street, Dansville
Dustin R. Norton, 19, of Quigghollow Road, Andover
Robb F. Fuller, 19, of Charles Street, Scio
Joshua M. Bierman, 18, of Wadsworth Hill Road, Scio
Casey M. James, 19, of Church Street, Scio
A 16-year-old, of Drum Road, Allentown

Publisher's note: From about 6 p.m. until 11 p.m. last night, I hung out with members of the Sheriff's Office and observed concert day law enforcement activity. Similar to a story we did last year about a night in Darien Court, I'll have a story later this week about Saturday night during the Tom Petty concert.

Fourteen arrests, six citations at Darien Lake's Brooks & Dunn concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Department during the Brooks & Dunn concert at Darien Lake Performing Arts Center:

Gregory J. Smith, 23, of Austin Street, Alden, is charged with trespass. Smith allegedly returned to the concert venue after being ejected.

(Name removed upon request), 19, of Heyden Avenue, Orilla, Ontario, Canada, is charged with petit larcney. Gowanlock is accused of stealing Dippin’ Dots while in the Amusement Park. Gowanlock was released on $500 bail.

Alexander Vanloendersloot, 26, of E. Naples Street, Wayland, is charged with disorderly conduct. Vanloendersloot allegedly engaged in a fight in the parking lot of the concert venue. Vanloendersloot was released on $150 bail.

Travis E. Kanaval, 25, of County Route 92, Wayland, is charged with disorderly conduct. Kanaval is accused of allegedly revving his truck engine repeatedly causing annoyance and alarm while in the concert parking lot. Kanaval was released on $150 bail.

Frank W. Hoffman III, 21, of Michigan Street, Wayland, is charged with trespass, resisting arrest and unlawful possession of marijuana. Hoffman is accused of refusing to leave the parking lot and then resisting arrest. Hoffman was also found in possession of a small quantity of marijuana. He was released on $500 bail.

Jamie R. Perkins, 20, of County Route 90, Dansville, is charged with false personation. Perkins is accused of providing deputies with a fake date of birth. Perkins was also issued a citation for possession of alcohol under age 21 after allegedly being found in possession of an alcoholic beverage twice. Perkins was jailed on $300 bail.

A 16-year-old, of Mill Street, Cohocton, is charged with unlawful possession of marijuana and possession of alcohol.

A 16-year-old, of State Route 415, Cohocton, is charged with unlawful possession of marijuana and possession of alcohol.

Hilary E. King, 18, of Coomer Road, Burt, is charged with disorderly conduct and resisting arrest. She is accused of causing a disturbance inside the concert venue.

Tyler A. Austin, 20, of Mill Street, Cohocton, is charged with trespass. Austin allegedly re-entered the concert venue after being ejected. Austin was also issued a citation for allegedly possessing alcohol under age 21.

A 16-year-old, of S. Main Street, Medina, is charged with petit larceny. The youth is accused of stealing a can of beer. He was also issued a citation for allegedly possessing alcohol under age 21.

Bryan E. Ehrhart, 26, of Glendale Avenue, Hamburg, is charged with forcible touch. Ehrhart is accused of touching a female in an intimate area.

Eric A. Eick, 21, of Chestnut Ridge Road, Middleport, is charged with assault, 3rd. Eick is accused of striking another patron causing physical injury.

Ryan J. Eick, 27, of Chestnut Ridge Road, Middleport, is charged with assault, 3rd. Eick is accused of striking another patron causing physical injury.

The following people received citations for alleged underage drinking:

A 17-year-old, of Pleasantside Drive, Wayland
Kevin J. Costello, 18, of East Avenue, Wayland
Kerrie L. Coykendall, 18, of Canadice Road, Springwater
Cassandra M. Dyckman, 19, of University Avenue, Atlanta
Coreena L. Prince, 19, of N. Main Street, Cohocton
Laura G. Rauber, 20, of Route 36, Dansville

Person jumps out of car, punctures tires, drives off

By Howard B. Owens

On Route 77, Darien, a person jumped out of a black Ford Crown Victoria, ran up to another car and punctured the tires.

The Crown Vic then sped off on Route 77 toward Route 20.

The car is registered at an address in Buffalo.

Erie County Sheriff's is being notified.

UPDATE 1 p.m.: Something is going on with this.  A father has been on the phone with dispatch. A law enforcement officer has said, "well, we can certainly work something out if he's willing to replace the tire." Also, the officer told dispatch to notify Buffalo PD so "they don't have to waste their time."  So, apparently, a subject has been identified and there is more to the story that's not coming across the scanner.

Dispatcher just said the father is returning to Darien and will take care of the tire, purchasing whatever tire needs to be purchased. "He's clearly not happy with his son," the dispatcher said. "He understands what we want?" said the officer. "He's very understanding and cooperative."  Officer: "We can't ask for more than that."

Police Beat: Drug Task Force busts alleged crack dealer

By Howard B. Owens

William J. Butler, 40, of 3 Vine St., Batavia, is charged with two counts of criminal possession of a controlled substance, 3rd, and promoting prison contraband, 1st. Butler was taken into custody by members of the Local Drug Enforcement Task Force as part of an investigation into trafficking in crack cocaine in Batavia. Members of the task force, the Genesee County Sheriff's Office and the Batavia Police Department executed a search warrant on Butler's residence. Butler was located in a vehicle on Route 33, Town of Batavia. As a result of the searches, Butler was allegedly found in possession of more than one-half ounce of crack cocaine. While being processed into Genesee County Jail, Butler was also allegedly found to have crack cocaine on his person. The total street value of the crack cocaine is estimated at $1,000. Additional charges may be pending. Butler was jailed with no bail.

Christopher Paul Rutherford, 26, of Cowan Road, Piffard, is charged with petit larceny. Rutherford is accused of giving away an oil change and tire rotation to a friend and fellow employee at 4133 Veterans Memorial Drive, Batavia.

Earl Shateek Anthony Lockhart, 18, of East Main Street, Batavia, is charged with petit larceny. Lockhart is accused of shoplifting from Walmart.

Diane Mary Kotarski, 37, of Lewiston Road, Batavia, is charged with harassment, 2nd. At 3:35 a.m., Kotarski allegedly grabbed a male victim by the neck and slammed him into a car window. Kotarski was arraigned and released and an order of protection was filed barring her from contact with the alleged victim.

Steven Michael Hauser, 41, of Stanridge Court, Rochester, is charged with harassment, 2nd. Hauser is accused of punching another person while inside the concert venue at Darien Lake. The alleged incident occurred at 10:45 p.m., Aug. 20.

Gerilynn Georgette Joannis, 43, of Stanridge Court, Rochester, is charged with harassment, 2nd. Joannis is accused of punching another person while inside the concert venue at Darien Lake. The alleged incident occurred at 10:45 p.m., Aug. 20.

Car stolen on Liberty Street

By Howard B. Owens

A car was stolen a short time ago from in front of a business on Liberty Street.

A customer went into the business and found when she came back out that her 2009 Chevy Malibu was gone.

The color of the car is gray.

Batavia Police are responding.

Grand Jury Report: Two burglary charges filed

By Howard B. Owens

The following indictments were filed last week by the Genesee County Grand Jury.

Nicholas S. Dellarocco is indicted on charges of burglary, 3rd, criminal mischief, 4th, and petit larceny. Dellarocco is accused of entering a business at 3 West Ave., Le Roy, on May 3 with the intention to commit a crime. He allegedly damaged doors and a cash register in the building. He also allegedly stole cash from the business.

Alan J. Delano is indicted on charges of burglary, 2nd, petit larceny, and three counts of criminal possession of stolen property, 4th. Delano is accused of entering a residence at 61 Myrtle St., Le Roy, with the intent to commit a crime. He is accused of stealing a flat-screen TV and a vase along with $30 cash on March 13. He is accused of possessing a credit card, a debit card and a public benefits card belonging to another person.

Crystal L. Goodrich indicted on charges of felony DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation of a vehicle. Goodrich is accused of driving a 2003 GMC on a public road in Pavilion on May 3 while intoxicated.

Youths accused of Wiard Plow arson will move quickly through family court

By Howard B. Owens

For the three youths being hauled into family court on arson charges stemming from the Wiard Plow fire on May 8, justice -- such as it is -- will be swift.

Family court operates much faster than adult court, according to Assistant County Attorney Durin Rogers.

Rogers spoke on the condition that his comments not be construed as speaking specifically about the arson case, but in general about how family court operates and what a youth facing felony charges might expect. He is prohibited by law from talking about specific cases in family court, where all matters are kept confidential.

The outcome of a case such as this could range from conditional discharge, to two years probation, to placement in a limited-security facility for up to 18 months. 

That's as close as a youth charged with a felony might come to prison, unless the young offender committed one of a series of offenses eligible for juvenile offender status.

As a JO, a youth could be tried as an adult.

The charges in this case do not fall within that statutory definition, Rogers said.

Some cases, he said, are just seen as acts of juvenile delinquency.

Asked if the public will ever know the outcome of the case, Rogers said he couldn't comment.

Det. Todd Crossett told WBTA this morning that the arrest of the three 14-year-olds is the last the public will ever hear of the case.

As for the parents of youths in such cases, they face no charges tied directly to their children's actions, and are not technically financially liable for the damage caused by a minor to private property, Rogers said. 

In family court, there are hearings and respondents (called defendants in adult court) who receive legal respresentation. A convicted youth can be ordered to pay restitution, but not the parents, Rogers said.

That doesn't mean the property owner victimized by an act of vandalism can't sue the parents. But in order to sue them, the property owner would have to know who the youth was who committed the crime. Asked if there was a procedure for a property owner to find out the name of defendant in family court, Rogers said he couldn't comment on that.

Crossett told WBTA this morning that detectives don't believe the three youths meant to burn down a building.

"I don't think there was the thought when they went in there to say, 'Let's burn the whole thing down,'" Crossett said.

With the old wood and chemicals in the building, Crossett said the youths' fascination with fire became something too big too fast.

"I think the fire just got really out of hand really fast," Crossett said.

The foundations of the old factory buildings have been cleared of debris, as the pictures with this post show. Owner Tom Mancuso was not available to comment today on the future of the space.

As the chapter on the May 8 fire comes to a close, Mancuso's company is also pushing ahead with the Masse Gateway Project.

Out of the hospital from accident in July, ATV driver charged with DWI

By Howard B. Owens

A Holley man who suffered a head injury in an ATV accident last month was booked by State Police on drinking and driving charges Tuesday.

Twenty-five-year-old Keith A. Carpenter was among three ATV riders charged with DWI in connection with the July 18 accident at 6137 Merrill Road, Byron.

Carpenter was taken to Strong Memorial Hospital by Mercy Flight with head trauma and other injuries, according to Lt. David Denz. Tuesday was the first opportunity since Carpenter was released from medical care to book him on the charges.

According to Denz, Carpenter was riding an ATV and following Theodore C. Vierling, 21, of Holley, when Vierling slowed to make a turn. Carpenter didn't notice Vierling slowing and ran his ATV into the back of Vierling's ATV. Carpenter was ejected from his vehicle.

Vierling was not injured in the 8:03 p.m. accident but he was also charged with driving while alcohol impaired.

Carpenter was charged with DWI and operating with a BAC of .08 or greater.

Also charged with DWI and driving with a BAC of .08 or greater was Edward G. Kuhn, 20, of Holley. Kuhn was following Carpenter on his ATV, but not involved in the accident.

Police Beat: Petco employee accused of writing more than grand in cash refunds to herself

By Howard B. Owens

Sandra L. Chilano, 50, of Dodgeson Road, Alexander, is charged with grand larceny, 4th. Chilano is accused of writing out cash refunds to herself while employed at Petco. The total amount of cash refunds allegedly exceeded $1,000. The 11 separate alleged incidents occurred between June and August.

Debra J. Overton, 47, of Hague Street, Rochester, is charged with DWAI (drugs), aggravated unlicensed operation of a vehicle and failure to keep right. Overton was stopped at 9 p.m., Monday, by Deputy Tim Wescott.

Dedra Ann Berg, 35, of Lasaille Avenue, Kenmore, is charged with criminal contempt, 2nd. Berg is accused of going to the house of her boyfriend's victim on Overlook Drive, Batavia, in violation of an order of protection out of the Village of Kenmore. Berg reportedly has similar charges pending in the Village of Kenmore Court.

John Robert Douglas, 30, of Lasaille Avenue, Kenmore, is charged with criminal contempt, 2nd. Douglas allegedly went to the house of a person on Overlook Drive, Batavia, whom he was ordered not to contact by the Town of Grand Island and Village of Kenmore courts.

UPDATE: On Monday, we reported the arrest of Brenda Lea Freida, 43, of Munger Road, Holley, on a DWI charge. Yesterday, the Democrat and Chronicle reported that Freida is a director of instruction in Holley Central Schools. The D&C reported that she is currently on a voluntary leave of absence. At the time of her arrest, Frieda had a pending case in Genesee County for a prior alleged DWI.

Inmate in Batavia federal facility accused of operating illegal collection agency

By Howard B. Owens

An inmate at the federal detention facility in Batavia, who was already in trouble for reportedly using illegal tactics in debt collection, has been accused by Attorney General Andrew Cuomo of operating a collection agency from inside the prison.

News report:

Lamont Cooper, 38, formerly of Lancaster, operated CMC Recovery Services, Inc., d/b/a Legal Action Recovery in Buffalo, from prison in violation of a May 2009 court order barring him from the collection industry, according to the felony complaint. He was barred after an earlier investigation determined his business regularly used threats and intimidation against consumers.

The complaint alleges that Cooper’s collectors routinely pose as law enforcement and threaten to arrest consumers unless they make arrangements to pay the company immediately. The complaint further alleges Cooper’s involvement in the scheme continued after he was taken into federal custody in October 2009 for being found in violation of the terms of his release from a 1997 drug conviction.

Trio of 14-year-olds charged with arson in Wiard Plow fire

By Howard B. Owens

Three 14-year-old boys have been charged with setting the Wiard Plow factory fire, which destroyed a good portion of the historic structure May 8.

Because the boys are juveniles, their names are not being released by law enforcement. Two of the boys face two counts each of arson, 3rd, and the third member of the trio faces one count of arson, 3rd.

The first two boys are accused of starting an early afternoon fire in an abandoned office in the old factory. The 1:40 p.m. fire was quickly extinguished by the Batavia Fire Department after a passerby reported seeing smoke coming from the building before the fire had much chance to spread. 

All three were allegedly involved in starting a second fire in the evening -- reported at 7:40 p.m. --  which quickly engulfed a good portion the structure causing an estimated $288,000 damage.

Lead investigator Det. Kevin Czora along with other members of the Batavia Police Department, the fire department, New York State Fire and the Genesee County District Attorney's Office spent three months building the case against the suspects. Detectives conducted numerous interviews and gathered physical evidence.

The three juveniles, because of their ages, have been referred to Genesee County Family Court to answer the charges.

Besides the arson charges, all three were also charged with burglary, 3rd, criminal mischief, 2nd, and conspiracy, 4th.

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Wichita man accused of engaging in sexually explicit communication with two Batavia girls

By Howard B. Owens

A mother whose under 15-year-old daughter admitted to her that she exchanged allegedly pornographic images with a 24-year-old Kansas man tracked the man down online and turned him over to Batavia Police.

The man is a registered sex offender. A Wichita Police investigation, after receiving the report from Batavia, indicates he may have victimized other youngsters around the nation.

Two Batavia girls were allegedly involved in exchanging pornographic images with Shane McClelland, of 1800 East 201st St., Wichita, Kansas.

McClelland was taken into custody by Wichita Police.

Based on the possibility of additional victims in other locations, the investigation is being turned over to federal law enforcement.

Conversations with the girls in Batavia reportedly began in January 2010 and continued into August 2010. Over time, the online conversations allegedly escalated into sexually explicit communications.

McClelland is being held in Wichita on additional charges and alleged parole violations.

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