crime

The Genesee County District Attorney's Office has indicted a man locked up in Elmira Correctional Facility for sex crimes he allegedly committed in the City of Batavia back in 2008.

Phillip E. Kroft Jr., 22, is a former city resident. District Attorney Lawrence Friedman alleges that between Sept. 29 and Nov. 10 of 2008, Kroft raped a young victim under the age of 15 on 10 separate occassions. That's just a 43-day period.

The D.A.'s office confirms that the victim was the same each time.

Kroft is now charged with 10 counts of 2nd-Degree Rape. He is currently incarcerated in Elmira on previous convictions in Genesee County. According to the D.A.'s Office, those convictions were for 2nd-Degree Rape, 1st-Degree Sexual Abuse, 3rd-Degree Criminal Possession of a Weapon, and 4th-Degree Conspiracy.

A former Oakfield resident who is a person of interest in a local unsolved murder reportedly told a cellmate in a Pennsylvania jail that he killed a couple there for money.

Stephen Patrict Rebert, 45, will stand trial for the double homicide of Victoria and James Shugar, both 61, of Jefferson County, following a preliminary hearing in which District Judge David Inzana said the prosecution presented sufficient evidence to try Rebert.

District Attorney Jeffrey Burkett presented a signed statement at the end of the hearing from Rebert's cellmate saying Rebert was motivated by his desire to steal rare coins and currancy, according to the Punxsutawney Spirit.

Rebert was arrested in Genesee County on June 3 and turned over to Pennsylvannia law enforcement. Investigators there say they found evidence on Rebert's computer tying him to the 2005 murder of Bill Fickel in Oakfield as well as the unsolved murder of Kevin Smith in Orleans County.

Photo courtesy of the Punxsutawney Spirit.

Philip E. Kroft Jr., is indicted on ten counts of rape, 2nd. Kroft is accused of being 18 years of age or older and engaging in sexual intercourse with a person 15-years-old or younger. The alleged encounters occurred between Sept. 29 and Nov. 10, 2008, in the City of Batavia.

Kenneth R. MacGregor is indicted on three counts of criminal possession of a forged instrument, 2nd, and one count of aggravated unlicensed operation of a vehicle. MacGregor is accused of writing a forged check on June 4 in the Village of Corfu for $482.12, and on June 7 for $477.18 and on June 7 for $892.43. He is also accused of driving a car with his privileges suspended on June 7 in the IGA parking lot, Village of Corfu.

Javonie E. McKinney is indicted on one count of DWI and one count of aggravated unlicensed operation of a vehicle. McKinney is accused of operating a 2009 Kia on Bank Street, Batavia, on April 17 while intoxicated.

Tara Marie Gardner, 31, of West 3rd Street, Oswego, is charged with criminal possession of a stolen vehicle. Gardner was taken into custody at 7:51 a.m., Wednesday, on Route 98 near the Thruway entrance. The vehicle she was in was reported stolen earlier in Fulton. She was jailed on $100,000 bail.

John Patrick Smith, 39, of Somers Drive, Fulton, is charged with criminal possession of a stolen vehicle, DWI, and breath test refusal. Smith was taken into custody at 8:16 a.m. on Route 98, Batavia, following a complaint about use of a stolen credit card. The vehicle he was operating was reportedly stolen in Fulton. Smith was jailed without bail.

Jolene J. Goodell, 30,  of 13 Gilbert St., Le Roy is charged forgery, 2nd. Goodell is accused of altering a doctor's prescription in order to receive more of a narcotic medication. Goodell allegedly tried to pass the prescription in September at a local pharmacy, but a pharmacist detected the alteration.

Kathleen A. Wenzel, 62, of 8481 North St. Road, Le Roy, is charged with DWI, aggravated DWI with a BAC of .18 or greater and consumption of alcohol in a motor vehicle. Wenzel was taken into custody Wednesday on Lake Street by Det. John Condidorio after a witness reported seeing Wenzel seemingly having a hard time getting in and out of her car.

Thomas Ralph Stevens, 46, of Cook Road, Bergen, is charged with harassment, 2nd. Stevens is accused of arguing with his brother and jamming a finger into his brother's face, knocking off his glasses.

Dominic Joseph Cordello, 25, of Crossbow Drive, Penfield, is charged with a felony count of DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and failure to keep right. Cordello was stopped at 12:24 a.m., today, on Alexander Road, Alexander, by Deputy James Diehl.

The following arrests were made by the Genesee County Sheriff's Office in conjunction with the John Mayer concert at Darien Lake Performing Arts Center.

Ryan E. Hart, 20, of Cynthia Drive, Orchard Park, is charged with trespass and unlawful possession of marijuana. Hart is accused of returning to the concert venue after being ejected.

Leonard G. Booher, 59, of Carney Hollow Road, Wayland, is charged with harassment, 2nd. Booher allegedly pushed an usher to the ground.

A 17-year-old of Ross Common Crescent, Fairport, is charged with trespass and possession of alcohol by a minor. The youth allegedly tried to re-enter the concert venue after being ejected.

The following people received citations for alleged consumption of alcohol under age 21.

Michael J. Wright, 18, of Washington Highway, Amherst
Michele P. Reilly, 18, of Treeview Court, Cicero
Emilee K. Dixon, 19, of Buffalo Street, Jamestown
Nicole E. Frederickson, 20, of Sandford Road, Jamestown
Brittany N. Theophilus, 20, of Crestwood Circle, Pittsford
Jennifer A. Castiglione, 19, of Rush-Hen. Townline Road, Rush
A 17-year-old, of New Road, Amherst
A 16-year-old, of Squire Court, Getzville
Joseph J. Schenkel, 18, of Teakwood Terrace, Williamsville
A 17-year-old, of Oakwood Avenue, Hamburg
Michael J. Kolanski, 18, of California Road, Orchard
A 17-year-old, of Pinebrook Avenue, Williamsville
Gabrielle A. Rinaldi, 19, of Catatunk Road, Canisteo
Katelyn J. Fragnoli, 18, of Shady Beach Lane, Seneca Falls
A 16-year-old, of Fleetwood Terrace, Williamsville
A 16-year-old, of Robin Road, Amherst
Rebecca L. Switzer, 19, of Middle Black Brook Road, Seneca Falls
Alexandra A. Ferrino, 18, of S. Grove Street, East Aurora
Sean P. Sullivan, 18, of Emerald Hill Circle, Fairport
A 17-year-old, of Culpepper Road, Williamsville
A 17-year-old, of Glen Oak Drive, East Amherst
A 17-year-old, of Chapel Woods, Williamsville
Maxwell G. Greene, 18, of Sunset Boulevard, Pittsford
Emily K. Check, 18 of Sandpiper Lane, Pittsford
A 17-year-old, of Beatrix Circle, Lancaster
Brittany J. Hamsaik, 18, of Klein Road, Williamsville
Zachary F. Ostroff, 18, of Thomas Fox East Drive, North Tonawanda
A 16-year-old, of Woodward Avenue, Kenmore
Jonathan C. Palmeri, 18, of Countrygate Lane, Tonawanda
Justin P. Lee, 18, of Templeton Trail, Orchard Park

The Batavia Police would like your help in recovering a missing power wheelchair owned by a Washington Towers resident.

The wheelchair broke down this morning and the elderly resident left it nearby. The resident was able to get back home and he called a repair service.

Tonawanda Valley Federal Credit Union officials called police after customers reported it unattended in the parking lot.

When police responded, the chair could not be located. Police officers are concerned the chair was stolen.

Anyone with information about the chair is asked to call the Batavia PD at 585-345-3000.

Investigators are piecing together the final hours of Deborah Maniace.

The body of 47-year-old Batavia resident was found early Saturday morning next to the train tracks under the CRX overpass on Clinton Street Road, Stafford.

Maniace had attended the Elba Onion Festival Friday and been out with her boyfriend. At 2 a.m., Maniace called her son and said she was walking home.

Chief Deputy Jerome Brewster said that a just-released medical examiner's report says her wounds were consistent with a fall from a bridge. There is no other sign of trauma -- not from a fight and not from a car hitting her, and she was not sexually assaulted.

There are no skid marks or other markings on the roadway at the bridge that would suggest she had to move quickly to get out of the way of a swerving car.

Brewster noted that the wall along the bridge roadway is pretty high. It would be hard for a 5' 2" person to just fall over.

There is no indication that Maniace was suicidal.

"We would love to talk with anybody who might have seen her walking on Route 33," Brewster said. "We would like to talk to anybody who drove that section of Route 33 between 2 and 3 a.m. and didn't see her -- we would like to know that, too."

To contact the Sheriff's Office, call 585-345-3000.

Russell J. Hamilton, 20, Route 19, Brockport, is charged with reckless endangerment, 3rd, criminal mischief, 4th, and harassment, 2nd. Hamilton is accused of driving his car in a reckless manner, nearly striking two people sitting in lawn chairs. Hamilton then allegedly got out of his car and verbally threatened one of the victims. He is also accused of causing damage to the victim's driveway on Aug. 4. He was jailed on $1,500 bail.

Kevin F. Tierney, 51, of Creek Road, Pavilion, is charged with endangering the welfare of a child and sexual abuse, 3rd. Tierney is accused of forcing a woman into sexual contact.

Colleen Marie Kress, 45, of Crown Oak Drive, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 2nd, operating on a suspended registration, operating without insurance and speeding. Kress was stopped at 1:10 a.m., Monday, on Route 5 in Le Roy by Deputy John Weis for allegedly driving 70 mph in a 45 mph zone.

Daniel Thomas King, 30, of Johnson Road, Bernhards Bay, is charged with DWI, aggravated DWI, speeding and failure to keep right. King was stopped at 12:04 a.m., Monday, on Route 77, Pembroke, by Deputy Patrick Reeves. King was allegedly driving at 63 mph in a 45 mph zone.

Marc F. Faggin, 30, of Triphammer Road, Ithaca, is charged with DWI, driving with a BAC of .08 or greater and following too closely. Faggin was stopped at 11:29 p.m., Sunday, on Route 77, Darien, by Deputy Chris Parker.

Janet Rae Langer, 32, of South Street Road, Le Roy, is charged with DWI and refusal to take a breath test. Langer is accused to driving to a location on West Bergen Road at 8:58 p.m., Sunday, in connection with a property dispute. Langer was allegedly intoxicated at the time.

The following arrest was announced by the Genesee County Sheriff's Office in connection with the Paramore concert at Darien Lake Theme Park on Sunday.

Gary M. Corbin, 21, of Downhill Drive, Erie, Pa. is charged with disorderly conduct. Corbin is accused of urinating on a female patron.

The following people received citations for alleged underage drinking:

Kelsey L. Peebles, 19, of Mill Street, Marathon
Taras R. Stashkiv, 19, of Michele Drive, Syracuse
David M. McDonald, 19, of Divers Crossing, Marathon
Riley P. Battaglini, 19 of Joss Farm Way, Cicero
Stephen W. Voorhis, 19, of Laguna Drive, Endicott
Brendan F. Morrisonm, 18, of Brinks Street, Marathon

Somebody broke into a residential garage on East Main Street in Le Roy a couple of days ago and stole two sets of golf clubs and a laptop computer.

Le Roy Police are asking for the public's help in solving this crime.

The burglary was discovered by the homeowner in the early afternoon on Friday. Police believe the burglary occurred either late Thursday night or Friday morning.

It was a forced-entry burglary.

No further information is available.

Anyone with information or who may have seen anything suspicious or who may have seen persons carrying golf bags late at night on the East side of the village is asked to call the Le Roy Police Department at 768-2527.

The following people were arrested by the Genesee County Sheriff’s Office during the Tim McGraw concert at Darien Lake Performing Arts Center on Friday:

Michael E. Tamol, 23, of Walden Avenue, Alden, is charged with trespass after allegedly refusing to leave the concert venue.Tamol was jailed on $200 bail.

Andrew F. Heidt, 29, of Beech Street, Erie, Pa., is charged with disorderly conduct. Heidt is accussed of fighting with concert security. He was jailed on $250 bail.

Alexander T. Froman, 21, of Baker Street Extension, Ashville, is charged with trespass. Froman is accused of returning to the concert venue after being repeatedly told to leave and not return.

The following individuals were issued citations for allegedly drinking under age 21.

Kevin M. Richard, 20, of Montvale Lane, Rochester
Matthew P. Myers, 19, of Garden Street, Avon
Brian R. Hopkins Jr., 19, of Parkside  Lane, Rochester
A 17-year-old of Barber Road, Dansville
Matthew J. Piedmont, 20, of Winding County Lane, Spencerport
Lindsey M. Masullo, 20, of Nittany Valley Drive, Bellafonte, Pa.
Ashleigh M. Bunton, 20, of West Church Street, Lockhaven, Pa.
Paige E. Ambrose, 20, of Jack Street, Custer City, Pa.
Tricia K. Copeland, 20, of Interstate Pkwy, Bradford, Pa.
Ellin C. Vaccaielli, 19, of Northbrook Way, Webster
James E. Taft, 18, of Ruie Road, N. Tonawanda
Kaitlyn D. Worth, 19, of Humbert Road,. N. Java
Jessica M. Raichel, 19, of Aurora Street, Lancaster
Rebecca G. Keller, 18, of Marlau Road, E. Aurora
Jocelyn T. Gleiser, 18, of Longs Lane, Corfu
Rebecca K. Parese, 19, of Sherman  Street, Little Falls
Ashley L. Boepple, 20, of State Road 67, Little Falls
Erika L. Labaff, 20, of Hurley Road, Brasher Falls
Lindsay M. Wigderson, 18, of Fairmont Drive, Webster
Jonathan W. Daniels, 19, of Middlebury Road, Webster
Emily R. Von Schondorf, 19, of Shady Glen Circle, Webster
Samantha L. Smith, 18, of Apple Orchard Lane, Webster
Nathan F. Crosby, 20, of Howard Street, Hornell
Teren L. Persichilli, 18, of Lattimer Road, Arkport
A 16-year-old, of Starin Avenue, Buffalo
A 16-year-old, of Winston Road, Buffalo
Katie A. Luthringer, 20, of N. Forest Road, Williamsville
Kathryn M. Mucha, 18, of County Road 16, Dalton
Michael H. Moran, 20, of North Street, Batavia
A 17-year-old of Fisher Road, Oakfield
Dale B. Frier, 20, of William Street, Lancaster
Austin T. Smith, 18, of Fox Hunt Road, Lancaster
Derek C. Jansma, 19, of Matthews Drive, Lancaster
Jason D. Platt, 18, of Center Road, Kendall

The criminal case of a Bergen woman accused of stealing $35,000 from a former Rochester resident has been dismissed, but Judge Robert C. Noonan's order dismissing the charges is being hidden in the defendant's now-sealed court file.

A court official said as a routine matter, case files are sealed when charges are dismissed.

Noonan's order would possibly include his findings in the matter and explain any deficiencies in the government's case and possibly include exculpatory information favoring the defendant.

Michele Case, 45, of 7100 N. Bergen Road, Bergen, was subjected to a criminal investigation by State Police after allegations arose that she improperly obtained funds the woman's accounts while caring for the ailing, elderly woman.

There were no arrests at Thursday's Green Day concert at Darien Lake Theme Park.

Five people received citations for alleged underage drinking:

Anne R. Mesmer, 20, of Woodstock Avenue, Tonawanda
Laura E. Hanzly, 20, of Pheasant Run Road, Amherst
Katelyn M. Kibler, 20, of Monarch Drive, Amherst
Melissa S. Deck, 20, of Vine Lane, Amherst
Joelle E. Breidenstein, 20, of Broadmoor Drive, Tonawanda

Darren M. Brooks, 24, of Hawkmeadow Drive, Irving, is charged with criminal contempt,1st, and harassment, 2nd. Brooks was allegedly involved in a fight with a woman while leaving a bar in the area of Sandhill Road, Alexander. Brooks is allegedly barred from having contact with that woman. He was jailed on $5,000 bail or $10,000 bond.

Elysia Marie Summers, 26, of South Main Street, Batavia, is charged with petit larceny. Summers is accused of attempting to shoplift from Kmart. She allegedly filled a large diaper bag with merchandise totaling $332.81.

Saul D. Standsblack, 32, of Parker Road, Alabama, is charged with criminal contempt, 2nd. Standsblack was allegedly involved in a fight at Jim & Bob's Automotive. There are no charges from that altercation; however, Standsblack allegedly had contact with a person he was barred from contacting during the incident.

Lisa Marie Franks, 38, of McDonald Street, Greensville, N.C., is charged with DWI and driving with a BAC of .08 or greater. Franks was allegedly observed leaving the Green Day concert at Darien Lake Theme Park driving in an erratic manner. Franks was followed by a citizen who phoned in a complaint about Franks' driving.

Michele Case, 45, of North Bergen Road, Bergen, is charged with endangering the welfare of a child. Case is accused of failing to provide supervision for her juvenile son when he got off the bus at his residence.

John H. Holliday, 47, of Batavia, is charged with offering a false instrument for filing. Holliday was charged by State Police for an alleged incident on July 21. No further details were released.

Ray E. Baker, 46, of Batavia, is charged with DWI and aggravated DWI. Baker was stopped by State Police at 8:38 p.m., Sunday, in Stafford.

An apparent attempt to steal DVDs from an adult product store on Ellicott Street led to a search of the Buell Street neighborhood this afternoon.

A Batavia Police officer believed the man ran into a wooded area near train tracks off of Edward Street and the search was called off. 

A short time later, the owner of Pandora's Boxxx, 4818 Ellicott St., Batavia, drove down Edward and spotted a man fitting the description of the suspect.

The store owner remained in his car, called 9-1-1 and followed the suspect down Edward and into the Elmwood/St. Joseph Cemetery.

Uniformed and plain clothes officers from the Sheriff's Office and the Batavia Police Department arrived on scene and at about that time the suspect decided to try to run.

He was apprehended quickly.

The man is identified as Micahel J. Piasta, 30, of East Main Street, Batavia.

He is charged with attempted petit larceny.

The store owner praised his employee for providing an exact description of the suspect to Deputy Chris Parker, who handled the investigation.

(initial report)

A 21-year-old Holland Avenue resident has been arrested by Batavia Police and accused of rape.

Detectives say Michael Lanham had consensual (see clarification below) sex one time with a 15-year-old girl, and on another occasion forced himself on her.

Both incidents occurred in July, according to Det. Kevin Czora and Det. Todd Crossett.

Lanham is also accused of taking and possessing explicit pictures of the girl.

He is charged with rape, 1st, rape, 3rd, promoting sexual performance with a child and possessing sexual performance with a child.

Lanham is being held in Genesee County Jail without bail.

CLARIFICATION: The original press release said one of the sex acts was "without consent," and I changed that into "consensual," which legally means something different. The girl, being underage, can't have consensual sex. Det. Czora clarified it this way: "On one occasion, there was no 'force' used, and the charge was based on the ages of the defendant and the victim. On a second occasion, she was considered legally 'physically helpless' and her age was not a contributing factor."

A Batavia man who stole a wallet from a car on Gateway Drive and used credit cards to make purchases at stores on Veterans Memorial Drive is facing two to four years in prison after pleading guilty in Genesee County Court today.

Kyle C. Monroe admitted in court that he stole the wallet and removed a credit card and a debit card, he also admitted to a violation of probation.

Monroe was convicted of possession of stolen property, 4th, on March 9 and is now considered a second felony offender for purposes of sentencing.

Defense Attorney Jerry Ader asked that his client be released under supervision so that Monroe can take care of some personal matters before going away to prison. Ader said that Monroe has been living with his girlfriend on State Street Road and started classes at GCC before his last arrest.

"I won’t forgo the possibility of release, but that doesn’t sound like a promising plan," Judge Robert Noonan said.

Bail on the larceny case is set at $5,000 and bail on the probation violation is $10,000.

Sentencing was set for Sept. 23.

Previous coverage:

• Reader tips help lead to arrest of larceny suspect
• Alleged credit card larcenist also accused of violating probation
• Police Beat: Man allegedly found driving stolen Caravan
• County Manager Gsell helps apprehend alleged car thief

Eric D. Johnston, 32, no permanent address, and Lisa M. Rugh, 37, no permanent address, are charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Johnston and Rugh were charged in connection with a search warrant executed on March 11 at 13 Hutchins St., Batavia. Charges were pending while awaiting lab results from Monroe County. Johnston and Rugh were issued appearance tickets. (Also, Johnston was reportedly a resident at 13 Ross St. in February where a suspected small meth lab was found.)

Joseph Arthur Ababurko, 35, of Military Road, Niagara Falls, is charged with unlawful possession of marijuana. Ababurko was allegedly found in possession of marijuana while at Darien Lake Theme Park.

A 17-year-old Batavia resident is charged with sexual misconduct. He is accused of having sexual intercourse with a 15-year-old girl.