crime

Brittany Marie Smith, 18, of Ellicott Street, Batavia, is charged with petit larceny. Smith is accused of shoplifting multiple items from Kmart on Monday afternoon.

Robert Joseph Propst, 30, of Spencer Street, Batavia, is charged with petit larceny. Propst is accused of stealing multiple items from Kmart on Monday afternoon.

Kerry H. Hoffman, the former Oakfield-Alabama band teacher who admitted May 10 to an inappropriate relationship with a female student, will serve 60-days working for the county jail on weekends, three years probation and is required to surrender his teaching credentials.

The sentence was close to what Hoffman agreed to in a plea bargain two months ago.

Rather than jail time, Justice Thomas Graham said he wanted Hoffman working for the jail, out in the community, where people could see him.

"I don't feel that jail is much of a punishment, where you can sit around playing cards and watching TV," Graham said.

Hoffman will be required to lecture twice a year on teacher ethics at a teacher's college. Graham said he wanted future teachers to learn from Hoffman's mistakes.

He will also be required to undergo sexual abuse counseling, even though it was not part of the plea agreement and the probation department pre-sentence investigation found he is highly unlikely to commit sexual abuse in the future.

Hoffman, in pleading guilty in May, did not admit to sexual relations with the girl.

When given a chance to speak prior to sentencing by Graham, Hoffman declined.

The victim's mother did speak and she accused Hoffman of destroying her relationship with her daughter.

"She won't even talk with me anymore," the mother said. "You filled her head full of lies. You told her I didn't care about her or understand her. How was I supposed to compete with that?"

Hoffman is accused of taking the girl shopping and sending her numerous text-messages.

Her friends are said to have alerted her mother about the relationship with Hoffman, whose wife gave birth to a little girl within the past year.

But both her mother and Assistant District Attorney Kevin Finnell describe a situation in which the girl is no longer able to attend school, that she's been robbed of her senior year, because some at the school have apparently taken Hoffman's side.

Twenty years from now when Oakfield-Alabama holds its reunion, this is going to be what she thinks about," Finnell said. "Her 20th reunion, her 30th reunion, her 50th reunion, if she even attends. It's always going to be there, what he's done to her."

If not for people coming forward and alerting her parents, Finnell said, the situation was "just a whisper away" from becoming something more serious.

Attorney Thomas D. Calandra said that in giving up his teaching credentials, Hoffman, who has no prior criminal record, will suffer punishment enough.

"He has master's degree in music that is probably of little use to him now and in the future," Calandra said.

Calandra reported that Hoffman completed three different sexual offender tests for the probation department, and in all of them he scored only one or two points (one test out of a possible 12 and another out of a possible 54).

"He's absolutely no danger to the community," Calandra said.

Graham said it was a very tough case to decide.

"You were given a position of trust," Graham said. "An educator has an extremely high level of responsibility and trust. You hurt the victim, the victim's parents, the victim's family, your wife, your daughter, your family and her family. That bond of trust was broken by you."

But, Graham noted, Hoffman has a lot going for him -- the love of his wife and support of his family, including his in-laws (his father-in-law nodded vigorously as Graham spoke). 

"I can only hope that everyone can heal," Graham said. "Something that you will understand with your Christian background, Mr. Hoffman, someday you will be judged by a higher authority other than myself."

As Chief Deputy Jerome Brewster and his investigation team in the Genesee County Sheriff's Office get seemingly closer to making an arrest in 2005 shooting death of Bill Fickel, that headline-grabbing, unsolved murder isn't the only mysterious death that keeps the 35-year veteran awake at night.

The other names that haunt his memory include Annie Lee, Eddie Freson and Kisha Sullivan.

“I live with every single one," Brewster said during an interview in his office last week. "My personality type is that I need to know. Good, bad or indifferent, I need to figure it out. So, when I have cases like these that you can’t figure out, they bother me."

Brewster said he constantly turns over in his head whether the right questions were asked, who said what, what the available evidence means. Is there anything that's been missed? But mostly, he wonders if he and his staff are looking at the case from the right perspective.

"A lot of times what I question is, are we looking at this thing the right way?" Brewster said.

A murder investigation begins as soon as a death is called in -- it doesn't matter if it's an apparent suicide, a drug overdose, a drowning, a hunting accident or granny finally expired in her bed. Every reported death begins with the question, "was it murder?"

Often, it's quickly obvious that there was no crime committed. But it's important that in the initial moments when law enforcement is on scene, that nothing be overlooked.

"That’s a pretty good way to operate because then hopefully you don’t miss anything," Brewster said.

Sometimes, it's obvious that there's been a homicide. The death of 66-year-old Joseph Benaquist might be a case in point.

Besides the fact that Scott F. Doll (who was convicted of the murder in May) was found with blood on his clothes wandering on a road near the victim's house, when Benaquist's body was found, it was pretty obvious the retired corrections officer had been beaten to death only hours earlier.

There was ample physical evidence at the scene (though Doll's defense attorney continues to insist, ample evidence of reasonable doubt, as well) and a suspect already in custody.

When Brewster has physical evidence, a body found at the scene of the crime and a suspect, he says making an arrest is just a matter of "getting our ducks in a row."

Even on such "smoking gun" cases, Brewster wants to make sure the charges stick.

With eight investigators at his disposal (all of whom have other duties), as well as the cooperation of the State Police and other agencies, Brewster supervises the investigation and makes sure all of the proper procedures are covered.

"Just because a guy says he killed his wife doesn’t mean you will get a conviction if you don’t do your job," Brewster said.

But what happens when the body isn't found at the scene, or there's no DNA evidence, or the body isn't found until weeks after the crime?

That's when the job gets tough.

"If you’re going to solve (the case) quickly, you usually have enough at the scene," Brewster said. "If you’re not going to solve it (at the scene), then you’re in for a long haul, a long haul. The worst calls you want to get are ‘I just found a dead body along the road.'"

In the cases of Lee, Freson, Sullivan and Fickel, Brewster has been in it for the long haul. He continues to work the cases, though not all of them every day, and continues to search for answers, and in two of the cases he may be getting close to finding the right answers.

Starting tomorrow, we'll look at each of these cases individually and tell you the latest information Chief Brewster has to share.

(Note: WBTA is running a parallel series this week based on our interview with Chief Brewster. It will air Tuesday and Wednesday.)

Anthony Vincent Aidrich, 33, of Kirkpatrick Street, Syracuse, is charged with criminal possession of stolen property. Aidrich is accused of possessing 75 stolen Darien Lake passes. Aidrich was allegedly found with the passes while trying to enter the theme park using an allegedly stolen pass. He was jailed on $10,000 bail or $20,000 bond.

Stephanie Ruth Cotton, 34, of 6319 Mechanic Road, Byron, is charged with a violation of probation. Cotton is accused of missing a probation appointment and failure to appear for sentencing in Genesee County Court. Cotton was arrested at 11:05 a.m., Friday, and was allegedly found hiding in her attic under insulation.

Jacob A. Staskiewicz, 24, of Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right and moving from lane unsafely. Staskiewicz was stopped at 2:26 a.m., Saturday, on Railroad Avenue, where his car allegedly hit a guardrail, by Deputy Kevin McCarthy.

Anthony V. Firman, 21, of 82 Gilbert St., Le Roy, is charged with criminal contempt, 2nd. Firman is accused of violating conditions of probation. He was jailed on $2,500 bail.

Tim Christopher Fox, 41, of Drake Street, Oakfield, is charged with two counts of harassment, 2nd, and two counts of endangering the welfare of a child. Fox allegedly pushed another person during an argument. He then allegedly fell on two children while being restrained.

Lance A. Mercado, 20, of 110 Bank St., Batavia and Jeanne D. Fuller, 23, of 399 Manitou Road, Hilton, are each charged with harassment, 2nd. A friend filed charges against Mercado and Fuller, accusing Mercado of pushing him and Fuller attempting to hit him.

Sara J. Falker, 22, of 41 Maple St., Batavia, is charged with endangering the welfare of a child. Falker is accused of leaving her 2-year-old child unsupervised while at home with the child and of maintaining less than favorable living conditions.

Robert M. Freeman, 18, of 285 East Avenue, Batavia, is charged with criminal mischief, 4th. Freeman is accused of egging a car on May 28, causing damage to the paint.

Joseph P. Urtel, 32, of 19 Pringle Ave., is charged with criminal mischief, 3rd. Urtel is accused of damaging the laptop of a female friend. Urtel was jailed without bail.

Note: Reminder, innocent until proven guilty. While we use "allegedly" throughout this report, the nature of recounting the events as alleged by the FBI could leave an impression that the events occurred exactly as reported. That has not yet been proven in court.

For a little over two months, Donald G. Vanelli was a man being closely watched by the FBI.

Agents obtained a court order authorizing a wiretap on his phone on April 22. The FBI mounted a camera on a pole near his home at 8394 Lake Street Road., Le Roy, allowing them to observe who was coming and who was going, and all the trips Vanelli made to his white-washed, two-door garage, where he allegedly stored the methamphetamine he was selling.

By May 7, agents even had two confidential sources allegedly buying -- with federal dollars -- at least one, and sometimes four, "eight-balls" of meth on each visit to the house of the 47-year-old president of the Road Agents Motorcycle Club.

An eight-ball is approximately 1/8 of an ounce of meth.

The details of the surveillance and investigation into the alleged drug-dealing activities of Vanelli are contained in a 99-page affidavit written by FBI agent Mark R. Schirching.

The affidavit, unsealed at the time of Vanelli's arrest, was the basis for warrants for David H. Cohen, 49, of 918 Goodman St., Rochester; Andrew W. Chapman, 40, of 5 Cedar St., Batavia; and Kerry A. Ball, 51, of 7202 Meadville Road, Basom, as well as search warrants for the homes of Vanelli and Donna L. Boon (aka Donna Mcauly), 44, of 3658 Batavia-Oakfield Townline Road, Batavia.

All five suspects were arrested early Friday morning and arraigned in the U.S. District Court in Rochester on a federal charge of conspiracy with intent to distribute narcotics.

Vanelli is reportedly being held without bail, while the other four suspects were released on their own recognizance.

While Vanelli was the central figure in the investigation, and described by one investigator Friday as the center of the ring, Vanelli was not the person dealing with the higher level suppliers.

That job allegedly fell to Boon initially, but when Boon could either no longer allegedly supply Vanelli, or when Boon and Vanelli had some sort of falling out, Vanelli reportedly turned to Cohen, who had a contact -- a man who comes across in the affidavit as unreliable and arrogant -- named Igor. Cohen tagged Igor "The King," according to the affidavit, but the nickname doesn't have the ring of a compliment.

Igor's unreliability leaves the impression that he was buying from another source, not he himself manufacturing meth. It's also unclear from the affidavit whether Vanelli's other alleged supplier, Boon, was allegedly buying from a meth lab or dealt with another middle man.

There's no indication one way or another whether Boon or Cohen were themselves subject to a separate surveillance effort.

It's important to note that the affidavit itself is not the whole of the federal case against the suspects, only that portion which has been made publicly available.

The surveillance reveals an alleged attempt by the suspects to be coy about their activities, never discussing deals directly but using -- in the repeated phrase of agent Schirching -- "cryptic and coded" language to arrange meetings and alleged buys.

The alleged "cryptic and coded" language, in it's simplest explanation, usually involved an alleged customer calling Vanelli and asking if it was OK to stop by. If Vanelli had an alleged supply of meth, he would reportedly say, "yes," if not, "no," or perhaps, "it's pretty quiet."

In one conversation, Vanelli reportedly even joked about the Feds listening in.

The key break in the case came when agents asked a State Trooper to make a traffic stop on two people who had been observed -- via the pole camera -- leaving Vanelli's residence.

The alleged buy that led to the traffic stop came on May 7. It was the second time the man and woman were reportedly heard via wiretap making arrangements to meet Vanelli and later showing up at his residence, disappearing with Vanelli into the garage and leaving 10 minutes or so later.

The first alleged buy came on April 29, when a woman, identified as CS-1, allegedly called Vanelli at 4:14 p.m. She asked, "Are you going to be around later on? You want some company or?" Vanelli reportedly responded, "Yeah, sure."

The pole camera recorded the woman arriving at Vanelli's house with a man who would become the second confidential source.

They arrived at 5:19 p.m. and entered the garage with Vanelli and departed at 5:29 p.m.

The couple would later admit to buying methamphetamine from Vanelli. The pair reportedly confirmed the use of "cryptic and coded" language to arrange deals.

At 12:46 p.m., May 7, Vanelli reportedly received a phone call from CS-1, who said, "Yeah, I was wondering if you wanted some company later?" Vanelli reportedly responded, "Yeah, what time?"

CS-1 reportedly said, "Ah, well, I could ... I just gotta .... I get out probably about 3:30, quarter-to-four, and then, ah, run home, grab some money and, ah, head over. So 4:30?" Vanelli reportedly responded, "Sounds good ... OK, I'll see you then."

Schirching reports that via the pole camera, CS-1 and CS-2 were shown arriving at 4:35 p.m. and entering the garage with Vanelli. They departed at 4:43 p.m.

At 5:05 p.m., under the direction of FBI agents, NYSP Trooper Christopher Neidert stopped the soon-to-be-informant's car on Randall Road.

Neidert reportedly smelled a strong odor of marijuana when he approached the driver's side door of the car. Neidert reportedly recovered a small amount of marijuana and a pipe from CS-1's purse.

When CS-2 exited the vehicle, Neidert reportedly observed a yellow envelope sticking out under his arm, which was in a sling.

"Trooper Neidert then asked CS-2 what was in the envelope and CS-2 admitted that it contained four eight-balls of methamphetamine," Schirching writes.

Later that evening, CS-1 and CS-2 agreed to cooperate in the investigation. They admitted to buying four eight-balls of meth, allegedly from Vanelli, for $1,200.

The description of the buying process for CS-1 fits the pattern of other alleged buys -- from the non-specific phone conversations, to people arriving a short time later, going into the garage, allegedly with Vanelli, and leaving minutes later.

The affidavit lists more than a dozen alleged customers of Vanelli. They are generally identified as Customer 1, Customer 2, and so on, as well as listing the phone numbers used in calling Vanelli.

CS-1 and CS-2 would be used to make controlled purchases -- wired for video and audio each time, using federal money -- on May 14, June 11 and June 25.

The Feds also intercepted calls to and from Vanelli involving Boon, Cohen, Chapman and Ball. Schirching states that he believes these phone calls were made in order to arrange either the transfer of money or meth among the five alleged dealers.

On May 24, Vanelli reportedly received a call from Ball. It's the first time Vanelli turns down a meeting with an alleged associate or customer. Schirching took this to mean that Vanelli was tapped out of meth.

The next several pages of the affidavit detail a number of calls in which Vanelli is allegedly unable to supply his customers and having difficulty obtaining a new supply of meth.

He repeatedly told customers, according to the report, that he might have time to meet the following week.

On May 25, Vanelli reportedly received a call from Cohen.

"I guess I am gonna have to go to your schedule. Tell -- tell me a time to show up there after 3:30 and I will be there. I don't care if it's midnight or whatever I just got appointments and all this shit 'til then."  

Vanelli reportedly replied, "Yeah, nah, I don't know if I'm going to be around." 

Cohen: "Ah, .... all right so, f--k it today. When -- when, next week, stop by or?"

Vanelli: "Next week I think."

Later that day, Customer 4 reportedly called Vanelli, who said, "Well, I just wanted to run into ya for about 15, 20 minutes. I know you're busy. I know you're tryin' to get your shit together, but I gotta stay home by myself so I might as well do somethin', I might as well clean."

Vanelli reportedly responded, "Yeah. I can't help you though, I don't got... "

Customer 4, "No."

Vanelli: "No, next week."

Customer 4: "This sucks."

Vanelli: "Yes it does. Yes it does. Never when I need it, you know."

On May 27, at 6:11 p.m., CS-1, at the direction of the FBI, reportedly called Vanelli, but Vanelli declined to set up a meeting and said he would call CS-1 the following week.

Cohen isn't recorded calling Vanelli until June 1, when he says, "I called, I just haven't had the chance to go f--king take off to see if they got the shit." 

Cohen later added, according to Schirching, "Whatever, but I will try to do the best I can and I will call you if I can't, because I got a call into about three different places."

Schirching interpreted this conversation to mean that Vanelli was unable to obtain meth from Boon and Cohen was trying to find another supplier.

Later that day, Cohen reportedly told Vanelli, "I don't know man, later on. I got, I got, I mean, I, I got, I'm not a shining star, but I guess I could help you better than nothing if you could bring like a buck, buck-fifty, something like that."

Vanelli and Cohen reportedly agreed to meet later that night. Later, they allegedly set up a meeting near Irondeqouit Bay, across from Bazil's Restaurant in Webster.

At 8:30 p.m., Vanelli was alleged observed entering a gated boat-repair facility (entering a code to get in) and leaving about 9 p.m.

Schirching concluded, he writes, that Vanelli was able to obtain a small amount of meth from Cohen, but not enough to service his customers.

CS-1 attempted to set up a buy on June 2, but Vanelli allegedly declined a meeting.

At 1:1 p.m., June 3, Vanelli reportedly received a phone call from Cohen in which Cohen says, "I don't, I don't mind taking a drive man just cause, ah, like actually that motherf--cking Igor got an attitude on me ... I call him last night he said, 'I can't make it' and ah, it's cool man, I'll catch ya, you know, Thursday or whatever today is ... yeah, and I call him, hey, so 'well I'm working,' so I didn't know how things are going out there?"

Vanelli: "Pretty quiet."

Cohen: "Yeah, all right. Well, whatever, give me a holler cause I, I, I mean it comes down to it, I'd rather spend more time and have ya know, professionalism than, than, than f--cking, these f--cking guys are a joke, man."

Schirching writes that he believes Cohen was indicating that he was having difficulty acquiring meth from Igor and that Vanelli indicated he had not yet found a supply of meth.

On June 4, Cohen reportedly speaks with Vanelli and says, "I would have to see when it would be convenient for the king ... being Igor, Igor being the king."

Vanelli reportedly said, "Yeah, I called him and left him a message. He didn't, he didn't return my call yet."

Cohen: "You know, that's f--cked up. You know, it's like, whatever. He, he, he's the king, you know cause ... I'll do my best when I see him, but he doesn't return my calls either."

It isn't until June 11 that Schirching believes Vanelli was able to drive to the boat-repair yard at Irondequoit Bay and obtain a supply of meth from Cohen.

Later that day, Vanelli reportedly called Boon. At this point, it had been a couple of weeks, based on the transcripts in the affidavit, since Boon and Vanelli spoke.

Schirching believes this conversation was intended to set up a meeting at Vanelli's house where Vanelli could hand over a quanity of meth to Boon and discuss business.

On June 11, Vanelli reportedly contacted four of his alleged customers, including CS-1. CS-1 allegedly arranged a meeting with Vanelli where she reportedly purchased -- according to a taped transaction -- three eight-balls for $760 (because CS-1 apparently didn't have the correct denominations to pay the reported asking price of $775).

By June 14, Vanelli was reportedly running low on meth again and arranged another meeting with Cohen. When Customer 15 called, Vanelli indicted, according to the affidivate, that he couldn't meet immediately with the alleged customer, but perhaps later. Customer 15 reportedly responded, "As long as you give me a Scoobie."

Schirching believes that Vanelli obtained some quantity of meth on June 14 during a meeting at a Thruway gas station with Cohen, and later supplied Ball. Further, Schirching believes that Vanelli later arranged a second meeting at his residence with Cohen for the next day in order to procure additional supplies. Schirching states that he doesn't believe Vanelli obtained a large supply from Cohen.

On June 17, Cohen and Vanelli are allegedly hoping for more meth from Cohen's supplier, but the supplier reportedly showed up to a meeting with Cohen empty-handed.

Cohen and Vanelli reportedly talk twice on June 18, and in the second conversation, Cohen reportedly says, "you know, I can't hurry the king."

By June 22, neither Cohen nor Vanelli have allegedly found a supply of meth, and Cohen bemoans the apparent disappearance of Igor. He hadn't heard a word from him. 

At 3:41 p.m., Vanelli reportedly receives a call from his girlfriend.

Vanelli reportedly says, "Fat ass [Donna Boon] called me this morning."

Vanelli reportedly says he didn't talk with her.

Girlfriend: "Are you going to call her?"

Vanelli: "F--k no."

Later he reportedly said, "I ain't got nothin' to say to her [unintelligible] no more. Make sure you tell her."

The next day, however, Vanelli does reportedly call Boon.

Boon: "I, um, what did I want last night, oh geez, I don't know, oh my friggin', I, can you stop by today and check my lawn mower? This mornin'?"

Vanelli reportedly departed his house at 11:19 p.m. Sheriff's investigator Pete Welker reportedly spotted Vanelli's truck at Boon's place at 11:57 a.m. and he reportedly returned home at 12:25 p.m.

Four minutes later, Vanelli reportedly made his first outbound call to an alleged customer, Customer 9, and set up a meeting at Vanelli's house.

Immediately after that call, Vanelli reportedly called Ball and set up a meeting.

Ten minutes later, Vanelli's girlfriend called.

Girlfriend: "You went back on your word, your word, huh?"

Vanelli: "What are you doing?"

Girlfriend: "Just got to her house ... thought you weren't coming here."

Vanelli: "What, you want to talk about it on the phone?"

Later in the conversation, Vanelli's girlfriend reportedly says, "I knew you were talking shit."

That phone call terminated abruptly, but the girlfriend reportedly calls back a minute or two later.

Girlfriend: "I just wanted to, you just went back on what you said, that's all."

Vanelli: "You know what? I'm not going to talk about this on the phone."

At 4:05 p.m., the girlfriend reportedly calls Vanelli again and launches into, "you motherf--ked her yesterday ... f--kin' f--k that fat bitch. I don't f--king need her, but you do."

Vanelli: "How many times have I heard you say that?"

Girlfriend: "But you do need her."

On June 25, Schirching, working with investigators from the Sheriff's Office, set up CS-1 for another alleged buy from Vanelli.

On June 26, Cohen allegedly arranges for his girlfriend, Nancy, to drive to Le Roy to pick up a supply of meth from Vanelli.

The affidavit ends with Schirching stating that he believes he has probable cause to arrest Vanelli, Boon, Cohen, Ball and Chapman.

Top photo, the residence at 8394 Lake Street Road, Le Roy.

Insets, from top, Vanelli, Cohen, Boon.

Law enforcement in Orleans County  notified Genesee County that they were in pursuit of a vehicle southbound on Route 98, passing through Barre.

The Silverado truck, which is registered to a Batavia resident, was exceeding 100 mph, according to the dispatcher.

Minutes after the call went out, the truck reportedly stopped, the driver got out. A dispatcher indicated a Taser was used on the suspect.

The Genesee County response was canceled with the report of the Orleans County traffic stop.

An alleged meth distribution ring with a hub in Le Roy and alleged dealers in Batavia and Rochester was broken up by a region-wide law enforcement effort early this morning.

Five individuals were arrested and now face a federal charge of conspiracy with intent to distribute narcotics.

None of the individuals are suspected of manufacturing methamphetamine.

U.S. Attorney William J. Hochul Jr. said at a press conference this afternoon that 75 grams of meth were recovered following the months long investigation that included wiretaps and the use of informants.

Sheriff Gary Maha would only say that the suspected meth was being manufactured "somewhere in the states."

"We're not concerned about there being a major lab out there in Genesee County," Maha said.

Donald G. Vanelli, 47, of 8394 Lake St., Le Roy, is suspected of playing a central role in acquisition and distribution of meth.

Vanelli, according to a press release put out late Friday by Hochul's office, is president of the Road Agents Motorcycle Club.

Much of the meth allegedly distributed by the ring was being sold in Batavia and throughout Genesee County, but one suspected dealer lived in Rochester. He is David H. Cohen, 49, of 918 Goodman St.

Also taken into custody were Donna L. Boon (aka Donna Mcauly), 44, of 3658 Batavia-Oakfield Townline Road; Andrew W. Chapman, 40, of 5 Cedar St., Batavia; and Kerry A. Ball, 51, of 7202 Meadville Road, Basom.

“We’ve made a number of significant drug arrests here in Genesee County, but this is pretty significant as far as the distribution of methamphetamine,” Maha said. “We think these people are major, major suppliers here in Genesee County.”

Cohen, Boon, Chapman and Ball were arraigned in U.S. District Court in Rochester this afternoon and released. Federal prosecutors were going to ask that Vanelli be held without bail.

Cohen is accused of obtaining meth in Genesee County and distributing it in Monroe County, as well as sometimes being a conduit to resupply Vanelli.

Search warrants were executed at the homes of Boon and Vanelli. K-9 units from Orleans and Monore counties were used in the searches.

A 9mm semi-automatic gun, loaded with 10 rounds, was reportedly seized at Vanelli's home.

Authorities believe that Boon would sometimes supply meth to Vanelli for redistribution.

The federal charge carries a minimum five-year prison sentence, with a maximum available sentence of 40 years and a $2 million fine.

The street value of the 75 grams of meth, according to Hochul is about $7,000.

The stiffer federal penalties are exactly why the FBI and U.S. District Attorney's Office were brought into the investigation, according to Maha.

"We said in the beginning (a little less than a year ago when the first alleged meth lab was found in Alabama), we’re not going to tolerate methamphetamine here in Genesee County," Maha said. "So when it’s brought to our attention that people are manufacturing, or that people are distributing, methamphetamine we’re going to go after them as hard as we can."

The investigation is continuing and there may be additional arrests.

"An investigation into any crime isn’t complete until everybody who is responsible for either the trafficking, procurement of any of the substances and finally the financing are identified and prosecuted," Hochul said.

The culmination of "Operation Deep Freeze" began at 3 a.m. with members of the Batavia Police Department rapid response team (SWAT) meeting at the Sheriff's Office before heading out to serve search warrants and arrest the suspects. By 5:30 a.m., investigators from the Sheriff's Office and the FBI were heading into the field to conduct searches on the suspects' residences.

The investigation began, according to Maha, with informants. He shied away from characterizing them as "citizens" or people involved in criminal activity. He said there was no connection between this alleged distribution ring and the five previous alleged meth labs found in the county.

Also participating in the investigation were the Drug Enforcement Administration, State Police and the Le Roy Police Department as well as the Genesee County District Attorney's Office.

    David Cohen  Kerry Ball  Andrew Chapman

Inset photos: top, Vanelli; bottom, Boon.

Adrian Michael Alexander, 29, of Meadow Drive, Geneseo, is charged with petit larceny. Alexander is accused of consuming a slushy at 8204 Park Road in Batavia and not paying for it.

Christine Leigh Thomas, 21, of W. Park Street, Albion, was picked up on a bench warrant. Thomas was arrested by Albion Police and turned over to the Genesee County Sheriff's Office. Thomas was jailed without bail. No information was released on the reason for the warrant.

Sheriff Gary Maha arrived at 3658 Townline Road a short time ago where, within the hour, law enforcement had arrived on scene and conducted a raid.

Maha also confirmed there had been a raid earlier on Cedar Street in Batavia. He said there were "three or four" locations raided this morning. He said it's related to an investigation into methamphetamine distribution. When asked where the meth was being manufactured he said he couldn't say.

The Sheriff's Office, State Police and an Orleans County K-9 unit are on scene.

Maha said his office would release a statement later this afternoon.

Kristopher David Cadieux, 32, of Strathallen Park, Rochester, is charged with petit larceny, criminal possession of stolen property and aggravated unlicensed operation. Cadieux allegedly stole two video cameras from Target on Monday. On Tuesday, he reportedly returned to the store and was spotted by Target security. As he left the store, the Sheriff's Office was contacted. He was later spotted at Walmart. He then reportedly drove to the Lowe's parking lot, where he was stopped and identified. During the stop, Deputy John Baiocco reportedly found four stolen video games in Cadieux's car.

Jordon J.J. Herthum, 20, of 7109 Chili-Riga Road, Churchville, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and failure to keep right. Herthum was stopped at 3:37 a.m. on Lake Street in Le Roy by Sgt. Michael Hare.

A 17-year-old resident of North Lyons, Batavia, is charged with petit larceny. The youth is accused of stealing money from Darien Lake Theme Park while an employee.

Michael Aaron Witkop, 18, of Ross Street, Batavia, is charged with unlawful possession of fireworks, possession of alcohol under 21 and inadequate vehicle exhaust mechanism. Witkop was stopped at 1:54 a.m. by Deputy Patrick Reeves on Law Street, Batavia for an alleged traffic violation. He was allegedly found in possession of fireworks and alcohol.

Judge Robert C. Noonan sentenced three men to prison Tuesday afternoon and gave an inmate in county jail one more time to consider a plea offer or prepare for trial.

Kirby S. Wall, 33, of Rochester, was convicted of criminal sale of a controlled substance. It was his second felony conviction; the first one was in 1995.

"He has been abusing substances and he desperately needs help," attorney David Morabito told the judge, adding that he disputes the People's contention that Wall told probation workers that he didn't have a drug problem.

"He accepts responsibility," Morabito said.

Wall was arrested in April 2009 for selling crack cocaine and illegal possession of marijuana. He had $1,000 worth of crack on him when arrested and had previously sold crack to two undercover agents, according to law enforcement.

But the judge didn't grant his attorney's request to send Wall to "shock camp," wherein those incarcerated also get substance-abuse treatment.

"Maybe this is a way of paying his debt to society and also get the help he desperately needs," Morabito said.

Instead, Noonan sentenced Wall to the maximum allowable, a determinate sentence of three-and-a-half years in the penitentiary, plus five years of post-release supervision. He has to pay $200 restitution. Noonan also issued two orders of protection, barring Wall from contacting two individuals for 11.5 years.

The next case heard was that of Thomas A. Culver Jr., 31, of 13 Wood St., Batavia, who pled guilty to grand larceny, 4th, his second felony offense. He was one of three people arrested for attempting to cash in checks from a closed account at a local bank.

"He desperately needs help," attorney Marabito said. "He wants to participate in a number of programs he's qualified for, so he can also get credit (toward his sentence)."

Morabito filed a motion to have Culver's guilty plea vacated because of the advice given by his previous attorney.

Noonan refused to vacate the plea, citing an insufficient basis on which to do so, and asked Culver if he had anything to say before sentencing.

Culver said the attorney he had, before Morabito took on the case, "pushed" him into taking a one-and-a-half to three-year plea deal, saying failure to do so would result in "excessive time." That attorney, he said, also told him he had to admit guilt in taking the plea and when he tried to discuss his case, the attorney would repeatedly hang up the phone on him.

Noonan listened and then promptly sentenced Culver to an indeterminate sentence of one-and-a-half to three years in state prision, and authorized him to be enrolled in a substance-abuse treatment program. He was ordered to pay a total of $1,897.35, "to be collected in DOCs (the Department of Corrections)," while in prison.

Also sentenced to prison Tuesday, was Malik I. Ayala, 18, of 44 Walnut St., Batavia, who was convicted of burglary, 3rd.

The conviction stemmed from his role in stealing an MP3 player on March 10 from a 15-year-old in the parking lot of MacArthur Park.

On July 2, he was re-arrested on a petit larceny charge, violating his probation.

Regarding the petit larceny charge, Ayala's attorney, Frederick Rarick, told Judge Noonan that Ayala had gone to Corfu "to line up lawns to mow." He was unsuccessful. Then some young women picked him up and they all went to a liquor store. The women went in first, and he went in afterward.

"My client had no involvement in an attempt to steal liquor," Rarick said, adding that Ayala "has major drug issues. To send him to prison would be wrong. This boy needs some help with drugs. He is a young man with many issues."

Regardless, since his burglary conviction, Ayala missed four or five appointments with the probation department, plus a 1 p.m. drug test yesterday. When he did show up for testing, he reportedly attempted to alter the results, prompting a second test in which he was positive for marijuana.

When given a chance to speak, Ayala told the judge in a rambling statement that he was thankful for the judge's patience and consideration, that he loved everybody, that he wanted to do better and had even tried to join the Army. He got emotional and asked the judge for another chance.

But Noonan was exasperated by Rarick's client.

"You've been a very big frustration for me," Noonan told Ayala, noting that he has tried to help him, his family has tried and so has his probation officer. "There is only one person in this room that can help you and that is you.

"You wouldn't last 10 minutes in the military. I have no alternative but to send you to prison. Your probation is revoked. I'm sentencing you to one-and-a-third to four years in state prison. It's not just the drugs. You can't obey rules. You don't show up for appointments. You don't do what you're told to do."

Ayala hung his head and cried. A half dozen family members and friends appeared very sad, and one woman sobbed. He asked if he could tell his family goodbye. No, like the others, he was taken into custody there and then.

Wearing orange jail garb, Brandon C. Dodd, 22, was also in court yesterday. He is charged with burglary, 2nd, for allegedly taking part in a home-invasion robbery March 18. He allegedly forced his way into a home on Vine Street wearing a bandanna over his face. The residents allegedly fought back.

Dodd has at least five arrests for various crimes.

As of Tuesday, he had not responded to the district attorney's offer of a guilty plea to a Class D violent felony as a first-time felony offender, which would permit the possibility of probation.

His attorney told Noonan he needs more time to prepare for trial, which is estimated to take four days. The judge set a new trial date for Nov. 8 and set a court time of 10:15 a.m., Sept. 2, as the last opportunity to accept the plea offer. If found guilty at trial, Dodd would face a mandatory prison term.

Dodd returned to jail.

Cassandra D. Griffin, 37, of Liverpool, is charged with driving while impaired by alcohol, endangering the welfare of a child, and driving with driver's view obstructed. Griffin was stopped by Deputy Kevin McCarthy at 11:13 p.m., Tuesday, on Route 77 in the Village of Corfu. Griffin allegedly had her three daughters with her, all under 17 years old.

Kyle Roger Esten, 25, of South Main Street, Oakfield, is charged with aggravated harassment, 2nd. Esten is accused of making harassing phone calls to his ex-girlfriend.

Tama Lee Reiss, 46, of Genesee Street, Corfu, is charged with DWI, aggravated DWI, unsafe backing, refusal to take pre-screen test, failure to keep right. Deputy Patrick Reeves responded to a report of an erratic operator on Route 33 in Pembroke at 8:05 p.m., Tuesday. When Reeves reportedly tried stopping Reiss's car, she eventually pulled over and then attempted to back up, causing both lanes of traffic to stop in order to avoid a collision.

Cody A. Bush, 24, of Oak Orchard Road, Batavia, is charged with harassment, 2nd. Bush is accused of pushing and striking another person during an argument at a residence on East Main Street Road, Town of Batavia.

Michael J. Wilkins, 28, of Nunda, is charged with manufacturing/possession/selling of a prescription controlled substance, criminal possession of a controlled substance 7th and unlawful possession of marijuana. Matthew A. Moir, 19, of Portageville, is charged with unlawful possession of marijuana. Wilkins and Moir were arrested by State Police on Route 20 in Alexander at 11:30 p.m., Friday. No further details were released.

Vamaca Noe Velazquez, 22, of Hundred Mark Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, unregistered motor vehicle, switched license plates and operating without insurance. Velazquez was stopped at 1:02 a.m., Monday, on Hundredmark Road, Elba, by Deputy Patrick Reeves. Velazquez was jailed on $2,500 bail.

Assante Darrell Huggins, 18, of Brunswick Road, Buffalo, is charged with petit larceny. Huggins is accused of stealing $416 while employed at Darien Lake. The alleged thefts occurred between June 6-26.

Matthew R. Norstrand, 25, of Vroom Road, Spencerport, is charged with unlawful possession of marijuana and unlicensed operation. Norstrand was stopped at 8 p.m., Friday, on North Street Road, Le Roy, by Matt Butler. Norstrand was allegedly driving on a suspended license. During the traffic stop, a marijuana pipe was allegedly found in his car. Norstrand was jailed on $500 bail.

Samuel F. Richardson, 45, of 231 Vine St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe backing. Richardson was reportedly involved in a minor traffic accident at 4:15 p.m., Monday, at the Wilson Farms store on West Main Street.

Cindy S. Dudek, 51, of Darien, is charged with harassment 2nd. Dudek was arrested by State Police at 9:45 p.m., Saturday. No further details released.

Jayson L. Bryant, 26, of Batavia, is charged with criminal contempt/disobeying a court order. Bryant was arrested in Oakfield at 1:45 p.m., Sunday, by State Police. No further details were released.

Cheryl A. Vagg, 53, of Warsaw, is charged with driving under the influence of drugs, 2nd offense in 10 years. Vagg was arrested at 5:22 p.m., Friday, by State Police on Ledge Road, Alabama. Vagg was jailed on cash bail. No further details were released.

Melissa C. Kent, 18, of 131 State St., Batavia, is charged with criminal possession of stolen property, 4th. Kent is accused of being with Kyle Monroe when he made purchases at a local store using an allegedly stolen credit card. Monroe is accused of stealing a credit card from a car on Gateway Drive on June 14.

Juanita Jackson, 53, of 214 Ellicott St., Batavia, is charged with endangering the welfare of a child. While investigating a report of two children fighting, Officer Kevin DeFelice found that a 9-year-old had allegedly been left to care for a 3-year-old. The 3-year-old was reportedly left alone in the house. Jackson was located and arrested.

Annette C. Eleczko, 50, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Eleczko was stopped at 11:20 p.m., Saturday, on Route 77 in Pembroke by Deputy Patrick Reeves.

Lisa Marie Elmore, 45, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Elmore was stopped at 2:37 a.m., Sunday, on Route 33, Batavia, by Deputy Patrick Reeves.

Jamie Lynn Haseley, 25, of 30th Street, Niagara Falls, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Haseley was stopped at 11:06 p.m. on Harlow Road, Darien, by Deputy Kevin McCarthy.

Cheryl Adele Vagg, 53, of Warsaw, is charged with promoting prison contraband and unlawful possession of marijuana. Vagg was arrested at 3 a.m., Sunday. She was allegedly found to have marijuana in her purse while in Genesee County Jail.

Abram W. Harrison, 21, of Pratt Road, Batavia, is charged with driving while impaired by drugs. Harrison was stopped at 9:57 p.m., Friday, in the Walmart parking lot by Deputy Chad Minuto.

Jarrett Tyler Pietrowski, 21, of Broadway Road, Lancaster, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, improper right turn, failure to keep right. Pietrowski was stopped at 1:40 a.m., Saturday, on Route 20 in Darien by Deputy Patrick Reeves.

Tashara Moore, 28, of Andrews Avenue, Cheektowaga, is charged with petit larceny.  Moore and James Alfred Hicks, 40, of Andrews Avenue, Cheektowaga, were detained by loss prevention officers at Kmart, where they were accused of trying to steal more than $450 in merchandise.

Adam James Robertson, 23, of Pennels Drive, Rochester, is charged with assault, 3rd. Robertson is accused of breaking the arm of another person while attending the Dave Matthews concert at Darien Lake on June 2.

Justin Mathew Forrester, 29, of Evergreen Circle, Fairport, was arrested in Monroe County on a family court warrant and turned over to the Genesee County Sheriff's Office.

Robert J. VanPelt, 33, of Council House Road, Alabama, is charged with vehicular assault, 1st, DWI and driving with a BAC of .18 or greater. VanPelt's arrest stems from an investigation into a motor vehicle accident May 2 at 7605 Sandhill Road.

The following arrests and citations were made in conjunction with the Lynyrd Skynyrd concert July 3 at Darian Lake.

William H. Chapple, 42, of Pine Street, Lockport, is charged with criminal possession of a controlled substance 7th, tampering with physical evidence and unlawful possession of marijuana. Chapple is accused of allegedly possessing a quantity of marijuana and attempting to destroy it. While being processed he was reportedly found to be in possession of a controlled substance.

Lawrence P. Taylor, 37, of Main Street, Depew, is charged with disorderly conduct after allegedly throwing a cup containing alcohol onto another patron.

Dennis M. Moquin, 38, of Buffalo Street, Silver Creek, is charged with harassment, 2nd, after allegedly striking another person in the parking lot after the concert.

Eric J. Ronchi, 18, of Bay Road, Webster, is charged with petit larceny after allegedly stealing hot dogs and firewood from the General Store at Darien Lake.

The following citations were issued for alleged underage drinking:

David E. Bucholz, 18, of Briggs Avenue, Buffalo
Mario V. Tremblay, 19, of Wickman Road, Cattaraugus
Cody E. Sawyer, 19, of Mosher Highway Road, Cattaraugus
Chantelle L. Niemer, 18, of Greenleaf Lane, Cheektowaga
Chelsie L. Suttell, 19, of Penwood Drive, Cheektowaga
Marissa M. Floyd, 18, of Carol Drive, Cheektowaga
Nathan W. Studley, 18, of South Main Street, Cattaraugus
Kyle A. Wittrock, 19, of Stateland Road, Cattaraugus

Gary Draper, known throughout the community for his efforts to raise money for the American Diabetes Association while riding his three-wheel bike around Genesee County, will be arraigned this morning on felony sexual abuse charges.

Draper was arrested on a warrant yesterday following a Batavia Police Department investigation.

Det.Todd Crossett stressed this morning that none of Drapers alleged victims were children he met while fundraising. Two of children, between ages 9 and 12, were family members and a third was a family friend.

"We believe he victimizes those he has easy access to," Crossett said.

Draper is facing three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

He is accused of abusing the children between August 2008 and May 2009.

Draper has no prior criminal record.

Since 1995, Draper has been riding a bike around Genesee County and into Wyoming, Orleans and Erie counties, to raise money for the American Diabetes Association. In April, he told The Batavian he had raised more than $110,000.

UPDATE: Draper was arraigned this morning. Since he was just arrested, he initially did not have an attorney. After he was handed a copy of the Grand Jury indictment, he told Judge Robert Noonan that he couldn't read. Noonan immediately assigned Jerry Ader,  from the public defender's office, to represent him. After a recess, Draper entered a not guilty please and bail was set at $25,000.

(initial report)

A Town of Batavia resident is accused of sexually abusing children in the City of Batavia.

Gary E. Draper, 57, of 9175 Batavia-Stafford Townline Road, Batavia, is facing three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

Draper was arrested on a warrant following an investigation by Batavia detectives.

He is accused of sexually abusing children from August 2008 and May 2009.

Draper was placed in Genesee County Jail without bail, awaiting arraignment in County Court on Friday.

A 26-year-old woman from Le Roy was charged with felony DWI last night after her car was destroyed by a train at the crossing on Caswell Road, Byron.

Jennifer Coombs was reportedly driving her 2002 Mercedes when it got hung up on the tracks.

A train struck and destroyed the car about 10:02 p.m. and Coombs and two passengers allegedly fled the scene.

Coombs was located by Sgt. Greg Walker a short distance from the scene.

She was also charged with unsafe lane change, unsafe tires and felony driving with a BAC of .08 or greater.

(initial report)

Whether the Suzanne Corona case will lead to a constitutional challenge to New York's adultery law is not a given, according to her new attorney Brian P. Degnan.

After Corona appeared in Judge Michael Delplato's courtroom for the first time today after selecting Degnan to represent her (Degnan is the son-in-law of the original judge on the case, Robert Balbick), Degnan told reporters that he wants to examine a plea offer from the District Attorney's office and decide how to proceed from there.

"We have not reached a deposition in this case and I'm interested in whatever would enable my client to get the best disposition in her best interest at this time," Degnan said when asked whether he would persue a constitutional challenge to the adultery law.

He called the law bizarre and unusual, noting that it has been prosecuted only 13 times in New York since 1970.

Degnan would not discuss the specifics of the plea offer.

Even if the adultery charge were dropped, attorneys have told The Batavian on background that Corona, merely because she has been charged with the crime, could seek judicial review of the statute.

Today, in her second court appearance on the case, Cornona did not enter a plea to the adultery or public lewdness charges.

A hearing was set for Aug. 18, where Corona could either agree to any plea deal still on the table, or Degnan could begin filing pre-trial motions.

In court, Degnan said he may file a motion for the prosecution to produce any additional evidence it may not yet have turned over in the case. Degnan said the main issue is, he doesn't know whether there are recordings available of any 9-1-1 calls.

"I need to have all of the evidence before me so I can advise my client of the best avenue to take," Degnan later told reporters.

Corona, 41, is accused of engaging in a public sex act in Farrall Park in early June with Justin Amend, 29, of Oakfield.

Amend did not appear in court this morning, but his attorney did and said he's seeking a plea offer from the District Attorney's office.

Police have been dispatched to a "public lewdness" complaint on West Main Street.

A man is reportedly mowing his lawn in the buff.