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Two arrests, 14 citations at Darien Lake Goo Goo Dolls concert

By Howard B. Owens

The following arrests and citations were reported in conjunction with the Goo Goo Dolls concert Friday night at Darien Lake Theme Park.

Robert M. Pekarski, 22, of Getzville, is charged with assault, 3rd. Pekarski allegedly punched another concertgoer in the mouth, causing a cut.

Officials were unable to determine the identity and age of one reportedly highly intoxicated person. He was charged with disorderly conduct and jailed on $350 bail.

The following people were cited for allegedly possessing alcohol under 21 years of age.

Alex J. Greco, 19, of Whitestone Lane, Lancaster
Matthew M. Deboth, 18, of Mapleview Road, Cheektowaga
A 17-year-old, of Old Farm Circle, Williamsville
Michelle L. Hecht, 19, of Red Oak Drive, Williamsville
Laura E. Lenk, 18, of Robin Hill Drive, Williamsville
A 17-year-old, of Sand Stone Court, Clarence
A 17-year-old, of Richmond Avenue, Buffalo
A 17-year-old, of Wrench Trail, Williamsville
Luke S. Klee, 18, of Cherry Tree Lane, Orchard Park
A 17-year-old, of Lakeridge South, Orchard Park
Kevin M. Prise II, of Henning Drive, Orchard Park
Matthew P. McLaughlin, 18, of  Poplar Avenue, Orchard Park
Justin M. Moracci, 18, of 71 E. Abbott Grove, Orchard Park
Douglas H. Henning, 19, of  S. Lincoln Avenue, Orchard Park

Akron man accused of raping 14-year-old girl in Corfu

By Howard B. Owens

A 20-year-old Akron man is accused of raping a 14-year-old girl in a Village of Corfu parking lot.

The alleged incident occurred in June 2009.

Randy A. Reiss Jr., of 23 Danita Drive, Akron, is accused of serving the girl several wine coolers and then having forcible sexual intercourse with her in a parked car on West Main Street, Corfu.

Reiss is charged with rape, 1st, rape, 2nd and unlawfully dealing with a child, 1st.

The defendant was arraigned in Corfu and is scheduled to appear in the Corfu Village Court again at 6 p.m. on Aug. 3.

The year-long investigation was conducted by Investigator Timothy Weis, Deputy Loni Nati and Deputy Patrick Reeves.

Latina's property manager not in court, arrest warrant issued

By Howard B. Owens

Tom Lewin is a wanted man.

Lewin, representative of LKLWL Properties, did not appear in Batavia City Court this morning on the matter of alleged code violations at the former Latina's Market property and Judge Robert Balbick issued a warrant for his arrest.

Meanwhile, attorneys for IPTV-B-C-45, LLC, the current mortgage holder on the property at 45 Ellicott St., did appear in court.

Franklin Hiller, attorney for the mortgage company, said that IPTV, not LKLWL as previously indicted by Lewin, hired PestRX to evaluate the gull issue at Latina's and come up with a plan for deal with the issue.

To implement that plan, which was turned over to the court by the attorney for IPTV, will cost IPTV $16,600. It will involve cleaning bird debris off the 41,580-square-foot roof, power washing the sides of the building, cleaning drains and putting in new drain covers, and implementing an "exclusion" procedure to deter the gulls from coming back.

The exclusion method was not specified.

"We intend to put forward our best effort and resolve this issue and put it right with the city," Hiller said.

As mortgage holder -- having only recently been assigned the mortgage, Hiller said --  IPTV has the right to protect its financial interest in the property and insure the building is well maintained.

Without IPTV stepping in now to try and resolve the issue, IPTV could ultimately face a bigger bill down the road.

"The cost of any fines or penalties or the cost of the city's remediation would ultimately come out of the mortgage holder's pockets," Hiller said.

One potential stumbling block is that before PestRX will begin work, Lewin must sign a liability waiver.

Outside of court, another attorney for IPTV, Mary Redmond, said that one way or another, IPTV will handle the issue.

As for Lewin, Judge Balbick wants to see him in court.

"The defendant will answer in my court independent of what you (Hiller) do," BaIbick said. "It’s imperative that this man appear in city court."

City Manager Jason Molino said the city will actively pursue the warrant against Lewin to ensure he appears before Balbick to answer the code violation charges.

Photo: Franklin Hiller, courtesy Geoff Redick, WBTA.

Police Beat: Teens accused of stealing latex gloves from Alexander School

By Howard B. Owens

Lucas David Trzecieski, 18, of Broadway Road, Alexander, is charged with criminal trespass, 3rd, and petit larceny. Trzecieski is accused of being on Alexander School property without permission and of stealing latex gloves. A 17-year-old from Attica was also charged.

Jason L. Adams, 66, of Batavia, is charged with assault, 3rd. Adams was arrested by State Police at 5:17 p.m., Wednesday. No further details were released.

Batavia-based drug dealer admits to crime in federal court

By Howard B. Owens

A Batavia-based drug dealer admitted in U.S. Federal Court today that he was involved in the distribution of methamphetamine, cocaine and marijuana.

Kenneth Munnings, 44, faces a maximum federal penalty of 20 years in prison and a fine of $1 million after telling U.S. District Judge Charles J. Siragusa that he was guilty of conspiracy to possess, with intent to distribute, illicit drugs, and to distributing them.

The charges stemmed from a joint federal, state and local wiretap investigation that revealed Munnings was responsible for obtaining significant quantities of meth, cocaine and marijuana from a drug-trafficking network in Rochester, according to U.S. Attorney Brett A. Harvey. Harvey said Munnings then redistributed the drugs in Genesee County.

The investigation uncovered Munnings dealings from 2006 through October 2008.

Munnings will be sentenced at 4 p.m., Nov. 1, in Rochester.

Police Beat: Tussle on Council House Road leads to two arrests, so far

By Howard B. Owens

Cara L. Skye, 22, of South Loop, Steamburg, and Stormy Skye, 18, of Skye Road, Basom, are accused of being involved in an altercation at 4:14 a.m., Wednesday, in the area of Council House Road and Meadville Road, Town of Alabama. Cara Skye is accused of punching a woman and taking away her mobile phone while she was attempting to call 9-1-1. Cara Skye's brother, Stormy Skye, allegedly took the phone and smashed it on the roadway. Cara Skye is charged with robbery, 3rd. Stormy Skye is charged with criminal mischief, 4th. The investigation is continuing and additional arrests are anticipated. The investigation is being handled by Deputy Kevin McCarthy, Inv. Roger Stone, Inv. Kris A. Kautz, Inv. Timothy Weis and Juvenile Officer Christopher Erion.

Michael C. Hill Jr., 18, of 25 Bacon St., Le Roy, is charged with one count of criminal possession of a weapon, 4th. Sgt. Timothy Hayes and Det. John Condidorio investigated a report of a disturbance in Mill Street Park. It was alleged that Hill was at the park discussing an issue with another person. The talk became heated and Hill allegedly pulled out a four-inch hunting knife. Somehow, Hill was disarmed. The police were called. The knife was located in Oatka Creek.

Michael J. Hilton, 19, no permanent address, was picked up by Le Roy Police on a bench warrant for alleged failure to comply with terms of his release. Hilton previously pled guilty to burglary, 3rd. Hilton was jailed pending an appearance in Genesee County Court.

James M. Alvut, 46, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Alvut was stopped by State Police at 5:15 p.m., Tuesday, on Bank Street Road, Batavia.

A 16-year-old Elba resident is charged with disorderly conduct and obstructing traffic. The youth was arrested by State Police for an alleged incident in Elba at 9:07 p.m., Saturday. No further details were released.

Grand Jury Report: DWI charge and a 'no bill' on a burglary charge

By Howard B. Owens

Andrew S. Novak is indicted on a felony count of DWI and a felony count of driving with a BAC of .08 or greater. Novak is accused of driving drunk on March 14 on Linwood Road in the Town of Le Roy.

Ronald Carney received a "no bill" from the Grand Jury on charges of burglary, 2nd, and criminal trespass, 2nd. The charged stemmed from an incident in Le Roy on Jan. 23. A "no bill" means the Grand Jury found insufficient evidence to sustain the charges.

Batavia resident accused of dealing cocaine

By Howard B. Owens

(Updated 12:57 p.m.)

A 20-year-old Batavia man is accused of selling cocaine to an undercover agent from the Local Drug Enforcement Task Force in 2009.

Dyllon E. Soccio, of 124 Tracy Ave., was taken into custody yesterday.

He is charged with criminal sale of a controlled substance in the third degree.

Soccio's arrest was part of an investigation into trafficking cocaine in the Batavia area.

Chief Deputy Jerome Brewster said Soccio, who grew up in Batavia, has been a person of interest to the Sheriff's Office for about three years.

On June 23, the Local Drug Enforcement Task Force raided Soccio's home and reportedly seized a quantity of drugs, including what Brewster characterized as a substantial amount of mushrooms.

"He was quite diversified," Brewster said.

Charges stemming from the June 23 arrest include criminal possession of a controlled substance, 4th, criminal possession of marijuana, 2nd, and three counts of criminal possession of a controlled substance, 7th.

He was arraigned in City Court and released under supervision of Genesee County Justice.

Police Beat: Man accused of rape in Le Roy

By Howard B. Owens

Jacob E. Lambertson, 21, homeless, is charged with multiple counts of rape, 3rd. Lambertson is accused of having sex with two girls from the Village of Le Roy who are under 17 years old. The alleged incidents occurred between April and June. Lambertson was jailed on $10,000 bail.

Police Beat: State Street woman accused of resisting arrest, disorderly conduct

By Howard B. Owens

Latoya D. Jackson, 24, of 120 State St., Batavia, is charged with disorderly conduct, resisting arrest and obstructing governmental administration; Dashawn A. Butler, 30, of 4016 W. Main Street Road, Batavia, is charged with disorderly conduct. At 9:45 p.m., Monday, Batavia PD responded to a report of loud yelling on State Street. When police arrived on scene, they heard yelling coming from an apartment. Jackson and Butler then reportedly came out of the apartment and continued yelling and using profane and obscene language. There were reportedly children nearby. Jackson was jailed on $2,500 bail. Jackson has at least three prior disorderly conduct arrests.

Virginia L. Martinez, 24, and Amanda Andres-Lopez, 30, both of Dellinger Avenue, Batavia, are charged with petit larceny. Martinez and Andres-Lopez are accused of stealing undergarments and makeup from Kmart.

William Delose Hirsch, 23, of Buckman Road, Pavilion, is charged with criminal contempt, 2nd. Hirsch is accused of having verbal contact with a person he was ordered to stay away from while at the Stafford Carnival on June 18.

Wayne Marcel Diaz, 52, of Highway 50 Road, McClave, Colo., is charged with three counts of aggravated harassment, 2nd. Diaz is accused of making harassing phone calls to another person. He was jailed on $500 bail.

Robert Oliver Taft, 36, of W. Bergen Road, Le Roy, was picked up on a bench warrant for a prior DWI charge.

Bonnie Lynn Tracy, 43, of North Street, Attica, is charged with criminal contempt, 2nd. Tracy allegedly made a phone call to a person she was ordered not to contact.

Mitchell R. Freeman, 21, address not released, is charged with unlawful imprisonment, 2nd, and assault, 3rd. Freeman allegedly restrained another person and the victim suffered an injury during a domestic incident. Freeman was jailed on $3,000 bail.

Police Beat: DWI arrest following alleged fight

By Howard B. Owens

Mathew J. Sherman, 23, of 5547 Horseshoe Lake Road, Stafford, is charged with DWI and driving with a BAC of .08 or greater. Police responded to a report that a person had fled the scene of a fight at a local restaurant/bar. Sherman's car was spotted in the area of 344 Ellicott St. by Officer Mark Lawrence where he was stopped and determined to be allegedly DWI.

Benjamin L. Szabo, 18, of Clarence Center Road, Clarence, is charged with petit larceny. Szabo was reportedly working as an outside vendor at Kmart on June 30 when he allegedly stole an iPod from a backroom shelf.

Janice M. Colburn, 62, of Fargo Road, Corfu, is charged with driving while impaired by drugs. Deputy Chris Parker responded to a report of an erratic driver on Pearl Street at 2:14 p.m., Friday, and subsequently stopped Colburn's car.

Robert James Macklem, 20, of Prospect Avenue, Batavia, is charged with criminal contempt. Macklem allegedly violated an order of protection by being with the protected person. He was jailed on $1,000 bail.

Christopher P. Tresco, age unknown, of 108 North St., is charged with DWI and driving with a BAC of .08 or greater. Tresco was stopped at 2:12 a.m., Saturday, by Le Roy Police Sgt. Micahel J. Hare on East Main Street. Hare reportedly spotted Tresco driving on the Main Street Bridge with his headlights off.

Phillip M. Case, 20, of Hilton, is charged with trespass. Case was arrested by State Police at 9:02 p.m., Saturday, at 9993 Allegheny Road, Darien Lake. No further details were released.

Raymond Amaro, 23, of Yabocoa, Puerto Rico, is charged with DWI, harassment, 2nd, and resisting arrest. Amaro was arrested by State Police at 2:54 a.m., Saturday, in the Stevens Street Allen Foods parking lot. No further details were released.

Jesse Le Gould, 31, of South Main Street, Batavia, is charged with criminal contempt, 2nd. Gould is accused of going to an ex-girlfriend's house at 7:55 a.m., July 12, and pounding on the exterior of the house and yelling. Gould has been ordered not to have contact with the woman unless it is related to their child.

Photo Essay: The pilfering squirrel

By Howard B. Owens

This afternoon I set up a chair in the shade of a backyard tree, brought along my laptop and camera, thinking I'd get some work done and maybe snap a bird picture or two.

It wasn't long before this ne'er-do-well trespassed (notice, no allegedlies here -- sue me, Mr. Squirrel) onto our property and committed the crime of petit larceny, stealing bird feed.

Methinks this isn't his first such thievery, the scoundrel.

Even as he seemed quite aware at times of my presence with my camera, he brazenly continued to thumb his nose, so to speak, at my attempts to keep him from his dastardly deeds.

More after the jump:

After I chased him off the branch once, he returns to the scene, scoping out the terrain for my presence. Satisfied that I'm at a safe distance, he begins again, munching from the feeder.

After I knock him from his perch with a well tossed walnut, he wastes no time in scavenging for seeds on the ground. After seemingly getting his fill, he high-tails it back to the confines of the neighbor's yard.

Even more brazen than before, he dashes to the birdbath ...

... and steals water ...

... after chirping out a taunting "nah-nah-nah," Mr. Squirrel returns to the scene of his original crime.

So after posting this irrefutable photographic evidence of this scofflaw's crimes, I expect a the Batavia PD to appear forthwith to take a report and make an arrest.

If not, I trust that publication of these photos will serve as ample humiliation for Mr. Squirrel and perhaps as a warning to other squirrels who might be tempted to abscond with our bird food and water.

Scott Doll being held at prison in Dutchess County

By Howard B. Owens

Scott F. Doll, 48, convicted by a jury of his peers of murdering his friend, 66-year-old Joseph Benaquist, has been transferred to the maximum security prison in Fishkill, Dutchess County.

The Downstate Correctional Facility, 320 miles from Corfu, is a transfer facility. Doll will likely be held there for a few weeks before being transferred to the prison where he will likely serve out his 15-years-to-life term.

Doll arrived at Downstate on July 7.

Officials told me after Doll's conviction that he would be sent to a prison a good distance from Attica and Wende, two facilities Doll worked at during his nearly 25-year career in corrections.

Prison officials would not want Doll mingling with either former co-workers or the men he guarded, so they would want to get him out of Western New York.

Doll's Department Identification Number is 10B1993.

He is eligible for parole April 17, 2024.

Doll is scheduled to appear in Batavia City Court again on July 27 for a hearing related to a charge of promoting prison contraband. His attorney says he plans to challenge the charge.

Police Beat: Driver accused of driving under influence of drugs and alcohol

By Howard B. Owens

Joseph S. Martaus, 26, of 14 Overlook Drive, Batavia, is charged with DWI, driving under the influence of drugs, controlled substance not in original container, possession of a hypodermic instrument, disobeying pavement markings. At 6:48 p.m., Wednesday,  Batavia Police responded to a report of an individual who appeared either drunk or ill getting behind the wheel of a car. The caller provided the license plate number of the car and a vehicle description. The vehicle was located and stopped on Ellicott Street. Martaus was allegedly unable to pass a field sobriety test. An officer who is an expert in recognizing the influence of drugs responded to the scene and determined Martaus was allegedly also driving under the influence of drugs. He was jailed on $500 bail. Officers Mark Lawrence, Eric Hill and Jason Davis were involved in the arrest.

Daniel D. Reese, 55, of 97 Abbott St., Rochester, is charged with DWI, driving with a BAC of .18 or greater, and following too close. Reese was reportedly involved in a rear-end accident in the area of 210 E. Main St., Batavia, at 4:51 p.m., Wednesday. Officer Chris Camp conducted a field sobriety test and found Reese was allegedly driving drunk. Reese was booked and released on an appearance ticket.

Christopher Lawrence Bauld, 21, of Kinmont Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, no front license plate. Bauld was stopped at 8:22 p.m., Wednesday, on Route 77 in Alabama by Deputy James Diehl for allegedly having no front license plate.

Kelsey Anne Sanders, 23, of E. Main Street, Batavia, is charged with petit larceny. Sanders is accused of shoplifting from Kmart.

Louis Alfredo Mercado, 22, of Bank Street, Batavia, is charged with petit larceny. Mercado is accused of shoplifting from Kmart.

Jacob John McCowen, 26, of Oak Street, Warsaw, is charged with criminal contempt, 2nd. McCowen is accused of visiting the residence of, and calling a person in Pavilion whom he'd been ordered not to contact.

Three arrests, seven citations at Vans Warp Tour concert, Darien Lake

By Howard B. Owens

The following people were arrested in conjunction with the Vans Warped Tour concert at Darien Lake.

Michael P. Radecke, 18, of Raintree Court, Williamsville, is charged with trespassing. He is accused of entering the concert venue after being ejected and told not to return. He was jailed on $250 bail.

Wellsley G. Radecke, 20, of Raintree Court, Williamsville, is charged with trespassing. He is accused of entering the concert venue after being ejected and told not to return.

Cole M. Pilkey, 25, of Landings Court, Amherst, is charged with harassment, 2nd, after allegedly striking a security officer in the face. 

The following people were issued tickets for allegedly possessing alcohol under age 21.

Heather A. Heverly, 19, of Friendship
A 17-year-old from Angelica
A 16-year-old from Orchard Park
Ed Anthony W. Antalik, 20, of Greengage Circle, East Amherst
Paschal J. Abbarno, III, 20, of Smith Road, East Amherst
Daniel Q. Newman, 18, of Greengage Circle, East Amherst
Thomas B. Cohen, 20, of Glen Oak Drive, East Amherst

Photo Essay: An alleged DWI arrest

By Howard B. Owens

After this afternoon's minor accident on East Main Street, I was tipped to stick around  -- there might be a field sobriety test about to take place. So I did.

The test was administered by Officer Chris Camp. The name of the subject is not yet available.

It begins, above, with a pat search of the subject. ...

Instruction, walk a straight line touching ...

... heel-to-toe ...

More pictures after the jump:

walk heel-to-toe ...

... and turn around (just after this shot, the subject literally threw up his hands and stopped the test) ...

Stand with your arms to your side holding up one leg (Officer Camp is now joined by Officer Eric Hill and rookie Mark Lawrence) ...

The eye test, or officially known as the horizontal gaze nystagmus ...

... cuffed ...

Unsolved, Part 3: A pair of cases out of the 'cold' file

By Howard B. Owens

It's as if somebody is whispering in his ear, "you're getting warmer."

Of all four mysterious death files on his desk, the murders of Kisha Sullivan and Bill Fickel are the ones Chief Deputy Jerome Brewster is least likely to call cold cases.

While arrests may not be imminent, Brewster has a "person of interest" in each case.

Now, it's just a matter of putting the pieces in place that will lead to indictments.

As Brewster is fond of saying, "Mere suspicion isn’t enough and if that’s all you’ve got, you really don’t have anything."

Kisha Sullivan's body was found at least two weeks after she was bludgeoned to death in a wooded area of Gulf Road, Le Roy.

Nobody had reported the deaf young mother missing, even though she had a boyfriend, whom she wasn't living with at the time.

After extensive interviews in the Rochester area, where the 27-year-old lived, Brewster said investigators concluded that everybody who knew her liked her and the only person she ever had cross words with was her boyfriend.

Early on, he was a logical suspect.

"He came up with an alibi but we were never really satisfied that he wasn’t involved," Brewster said. "But through our investigation, we concluded there was really a strong possibility that he was telling us the the truth and he wasn’t involved."

Sullivan's body was found Oct. 27, 2002. Her last known location while she was alive was at an ATM machine at a convenience store in Rochester on Oct. 5.

Her body decomposition, Brewster said, was consistent with somebody who had been dead in those weather conditions for that period of time.

The wooded area where she was found is owned by the Dolomite Group. It was a Dolomite supervisor, who was giving a tour of a new logging operation on the property to a friend, who found Sullivan's body.

It was clear from the scene, Brewster said, that Sullivan tried to flee from her attacker, but that she was killed in that wooded area.

She wasn't sexually assaulted.

Nobody saw her get in a car, nor was she seen with another person prior to her disappearance.

Investigators were unable to find anybody in Le Roy or Bergen with any connection to the St. Mary's High School graduate.

As for DNA evidence, Brewster said he recently learned from the criminal lab that, with recent advances in the DNA technology, he should resubmit DNA samples. In the first go around, no DNA that might be tied to a suspect could be found. With the new technology, Brewster suggested, maybe something might turn up.

The only thing Brewster revealed about the person he thinks killed Sullivan is that it is somebody she knew prior to her death.

"The one thing I can tell you, I’m fairly confident that we know who is responsible for her death," Brewster said, "but I guess you can read between the lines that I don’t have enough to make a charge yet."

On Brewster's book shelf is a very thick, full binder. On its spine: Fickel Homicide. You can't miss it when you walk into Brewster's office. It draws your eye faster than the stunning photograph of a lone tree in the midst of an expansive landscape on one wall, or the beautifully carved birdhouse atop his credenza.

Brewster has amassed more than 500 leads in the Fickel case, and more than 300 of them are filed in the Fickel Homicide binder.

But the most important lead of all may have come in mid-June when Steven Rebert, a former Oakfield resident, was arrested as a suspect in a double murder in Pennsylvania.

State Police in that case reported finding evidence on his computer that indicated he had more than a passing interest in the death of Fickel and the unsolved murder of Kevin Smith in Orleans County.

All four people were shot to death.

Bill Fickel was killed outside his home in November, 2005, less than mile from where Rebert lived at the time. The two men knew each other.

In the Fickel murder, there was DNA found at the scene. It could be the DNA of the killer or the DNA of an associate, but Brewster has spent years looking for a match, because a match could crack the case.

Of all the mysterious deaths in Genesee County in the past 30 or 40 years, the murder of Bill Fickel has gotten the most attention. Fickel was well known and well liked, and he was gunned down in front of his own home with his wife inside -- for no apparent reason.

Since the arrest of Rebert, Brerwster said he's been working the case daily. There have been steps forward, and steps backward.

"You have to be able to roll with the punches," Brewster said. "Some days are good, and some days are bad."

But, he said, "I'm optimistic on that case, and that's probably all I'm going to tell you."

Previously:

For audio versions of these stories, tune into WBTA today, Thursday and Friday.

Police Beat: Alleged road-rage incident in Bergen leads to arrest

By Howard B. Owens

Charles Anthony Piazza, 52, of Cherry Laurel Circle, Webster, is charged with harassment, 2nd. Piazza is accused of punching another driver three times in the face during a road-rage incident in the area of 6168 Route 19, Bergen, at 11:34 a.m., Monday.

Matthew Scott Williams, 22, of Hundredmark Road, Elba, was arrested on a bench warrant out of Town of Elba Court. He was jailed on $3,000 bail.

Alanna Marie Whelan, 20, of 25 Bacon St., Apt. A, Le Roy, is charged with unlawful dealing with a child, 1st. Sgt. Micaheal Hare responded to a noise complaint at Whelan's apartment at 1:15 a.m. and allegedly found that she served alcohol to two individuals under 21.

Kristopher Jon Ayers, 25, of Spring Street, Caledonia, is charged with criminal possession of a weapon, 3rd, and criminal possession of a controlled substance, 4th. Ayers was stopped in the Village of Le Roy by Deputy Joseph Graff in relation to an  arrest warrant on a misdemeanor charge of harassment, 2nd. Ayers was allegedly found in possession of five sets of brass knuckles and a quantity of hashish.

Luke W. Ritzenthaler, 27, and Amy L. Ritzenthaler, 26, both of Batavia, were both charged with unlawful possession of marijuana. They were stopped by State Police on Route 33 in Batavia at 5:34 p.m., July 4. No further details were released.

Floyd B. Eldridge, 53, of Pavilion, is charged with unlawful possession of marijuana. Eldridge was cited by State Police at 7845 Broadway Road, Pavilion, at 3:52 p.m., June 24.

Unsolved, Part 2: Separate drowning cases continue to bedevil investigator

By Howard B. Owens

Annie Lee and Eddie Freson probably never met. One lived in Batavia, the other in Brockport. One died in 1997, the other in 2000.

But when media coverage turns to unsolved deaths in Genesee County, Lee and Freson are inseparably linked.

Both deaths are officially listed as accidental drownings, but in both cases, Chief Deputy Jerome Brewster says he still has questions.

In both cases, somebody was obviously with them before they died. Lee did not get herself to Little Tonawanda Creek (there was no car at the scene and Brewster said she obviously didn't walk), and Lee never drove anywhere, so somebody had to take him from his home in Brockport to Buttermilk Falls.

In both cases, somebody knows something, and Brewster is eager to talk to anybody who can shed light on how Lee and Freson died.

The partially clothed body of Ann Katherine Lee, aka Ann Griffin, age 41, was spotted by a motorist in Little Tonawanda Creek, off West Bethany and Brookfield roads at 11:56 a.m., April 23, 1997.

She had not been sexually assaulted, nor was there signs of any signficant trauma to her body, according to a medical examiner.

There was no significant amount of alcohol or drugs in her blood system.

Lee drowned in only a few inches of water.

"She appears to have walked into the water under her own power," Brewster said.

Lee had a lot of friends and acquaintances around town. She was last seen near her apartment at 511 E. Main St., Batavia, around 11 p.m., April 22.

The area where Lee's body was found is a "well-known parking area," as Brewster put it.

"There was a considerable number of people who knew Ann Lee, who knew her lifestyle, who knew who she hung around with – because of that, I have no doubt that people have been talking," Brewster said.  "It’s quite likely that there is somebody out there who knows at least who she was with, maybe not what happened, but who she was with."

If Brewster could find that person, he thinks he would be much closer to solving the mysterious death of Ann Lee. It might not be murder, but the case could be closed.

Like Lee, Edward Charles Freson, 42, of West Avenue, Brockport, was well known in his community. He was a member of a club in Brockport and investigators talked to a lot of people who knew him.

Freson didn't have a car, he didn't drive and he would never accept rides from strangers, but he knew Buttermilk Falls. He talked of Buttermilk Falls occasionally and mentioned trips as a kid there with his family.

Brewster thinks he found a friend to drive him to the falls on May 5, 2000.

His body was found by four boys playing in the area. Freson's corpse was partially submerged in water at the brink of the falls.

Investigator John Dehm, in what Brewster called a "brave job,"  climbed out on a long ladder extended over the falls and dragged Freson's body from the precipice.

When his body was examined, he was missing his glasses and jacket (his shoes were recovered downstream), and he had a black eye.

Was Freson hit by somebody, or did he hit his eye on a rock? Brewster wishes he knew.

The medical examiner ruled the death an accidental drowning.

“He could have (hit his eye on a rock)," Brewster said. "This is pretty much a quote of what the ME said. He said, ‘Cause of death accidental drowning. Now, if you can tell me that you found someone who says he hit him in the head and threw him in the water, I’ll go with that, too.'"

Out there somewhere is somebody who was with Eddie shortly before he died. He may not be a killer, but he has some idea what happened.

Investigators questioned everybody possible in Brockport in the months -- the case was worked daily for seven months -- after Freson's body was found. Brewster thinks its likely they even talked to the person who drove the victim to Buttermilk Falls, but so far, Brewster still doesn't know how Eddie Freson got there that day.

Freson was known as a nice guy, but he did drink, and on just a couple of occasions, when he got drunk, he got into fights. He could piss people off.

Maybe, Brewster speculates, Freson got a friend to drive him out to Buttermilk Falls and Freson, who had been drinking, said something to upset his friend, so his friend left, and then somehow Freson fell into the water.

"Somebody out there knows more," Brewster said. "We just haven’t found the right person to tell us yet."

And Brewster adds, “He (the person who knows) may say, 'Hey I picked the guy up. He turned into a jerk. I left him there and then I found out he was dead and I said, sure as hell, I’m going to come out and tell the cops that I gave him a ride and then they’re going to try and convict me of murder. So I’m just going to keep my mouth shut.'"

"He could be totally innocent," Brewster said. "I don’t know, but I have some questions."

Previously:

Tomorrow: Kisha Sullivan and Bill Fickel

Alleged fugitive caught after leaving backpack at Walmart

By Howard B. Owens

A man wanted from San Francisco to Ithaca was taken into custody in Batavia on Friday after he reportedly left a backpack allegedly containing drugs and stolen items in Walmart.

The backpack was turned over by Walmart security to Deputy Tim Wescott, who located Thomas E. Dodson, 24, of Rochester, at the 48 Deli Express on Park Road.

After searching the backpack, Wescott reported finding drugs, drug paraphernalia, a  stolen credit card, a stolen wallet and several stolen prescriptions.

Upon checking Dodson's identity, Wescott reportedly learned that Dodson had outstanding warrants in San Francisco, Rochester and Ithaca.

Dodson was charged with being a fugitive from justice, criminal possession of stolen property, 4th, criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, criminal possession of a hypodermic instrument, three counts of criminal possession of stolen property, 5th, and criminal impersonation, 2nd.

He was ordered held without bail.

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