Skip to main content

crime

Mercy Flight warns of donation scam taking place in Batavia

By Press Release

Press release:

Mercy has received reports of an individual going door-to-door in the Batavia, NY area soliciting monetary donations on behalf of the organization. Mercy Flight does not solicit donations door-to-door.

If you receive this type of solicitation from anyone claiming to represent Mercy Flight, please notify the City of Batavia Police Department at (585) 345-6350.

Law and Order: Attica man arrested on bail jumping warrant

By Howard B. Owens

Joey Robert Tatro, 27, of Exchange Street, Attica, is charged with criminal contempt and bail jumping 3rd. Tatro was arrested on warrants out of City Court by Deputy Andrew Mullen and Sgt. Andrew Hale. He was jailed on $1,000 bail, $2,000 bond, or $3,000 partially secured bond.

Jonathan Lee Holland, 38, of Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, aggravated unlicensed operation 2nd. Holland was stopped at 1:55 p.m., Jan. 19, on Ellicott Street Road, Batavia, by Deputy Kenneth Quackenbush.

BPD offering $2,500 reward for information leading to the arrest of Devon Wright

By Howard B. Owens

wrightdevonwarrant2022.jpg

Press release: 

The Batavia Police Department has partnered with Crime Stoppers Buffalo which is offering a reward of up to $2,500 for information leading to the arrest of Devon Wright. Wright is wanted for violating his release terms on a recent plea pertaining to the charges of PL 110.00 & 265.03-3 - Attempted Criminal Possession of a Weapon 2nd, PL 120.00-1 - Assault 3rd, PL 110.00 & 120.10-1 - Attempted Assault 1st, and PL 130.50-4 - Criminal Sexual Act 4th. Wright is also wanted for PL 145.14 - Criminal Tampering 3rd, and PL 240.26 - Harassment 2nd (2 counts) stemming from an incident that occurred on 11/27/2021 at a residence on Central Avenue.

Citizens are urged to come forward with information on where to locate Wright. If you have information leading to the arrest or indictment of Wright please contact Crime Stoppers WNY at 716-867-6161 or submit a tip by downloading the free Crime Stoppers Mobile App "Buffalo Tips" from the apple or android store.

For previous coverage of Devon Wright, click here.

Law and Order: Hamlin woman accused of DWI, leaving scene of accident, hitting patrol car

By Howard B. Owens

Rebecca Lynn Martin, 27, of Brick Schoolhouse Road, Hamlin, is charged with DWI, driving with a BAC of .08 or greater, reckless in the endangerment, leaving the scene of an injury accident, and reckless driving. Martin is accused of being a driver involved in a motor vehicle accident at 7:02 p.m., Jan. 14, on Lake Street Road, Le Roy, and leaving the scene of the accident.  Martin allegedly failed to stop for a stop sign causing her vehicle to strike another vehicle.  Martin's vehicle was located in the Le Roy Park and Ride and while deputies attempted to stop the vehicle, her vehicle allegedly struck a Village of Le Roy patrol car.  Martin was processed at the Genesee County Jail and released on appearance tickets.

Rebecca L. Harrington, 28, of Attica, is charged with DWI, driving with a BAC of .18 or greater, driving left of pavement markings, speeding, and failure to stop at stop sign.  Harrington was stopped at 10:07 p.m., Jan. 6, by a Batavia police officer. She was issued tickets and released.

James R. Cooper, 39, of Batavia, is charged with unreasonable noise, a  violation of the Batavia Municipal Code. Cooper is accused of playing rock music at a loud volume for an extended period of time at a location on Buell Street on Jan. 11. He was issued an appearance ticket.

Jolene Y. Stevens, 33, of Batavia, is charged with harassment 2nd. Stevens is accused of using a piece of wood to hit another person in the back during an incident reported at 8 a.m., Jan. 22, on East Main Street, Batavia. Stevens was arraigned in City Court and released.

Lyndsay T. Young, 38, of Batavia, is charged with criminal contempt 2nd. Young is accused of violating an order of protection at 3:57 p.m., Dec. 30. She was issued an appearance ticket.

Sean D. Roczen, 38, of Rochester, is charged with aggravated harassment 2nd. Roczen turned himself on an arrest warrant in relation to an incident reported at 9:26 p.m., Jan. 7, on Kingsbury Avenue. He was arraigned in City Court and released on his own recognizance.

Jeffrey P. Schneider, 51, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Schneider was arrested following a three-vehicle property-damage accident at 7:09 p.m., Dec. 27, on East Main Street, Batavia. Schneider was processed Batavia PD headquarters and released on tickets.

Montell L. Cunningham, 28, of Lockport, is charged with criminal contempt. Cunningham is accused of violating an order of protection at 11:55 p.m., Jan. 9, in the parking lot on Alva Place. He was issued an appearance ticket.

Daniel Thomas Henning, 41, of Maple Street, Batavia, is charged with falsifying business records 1st. Henning is accused of falsifying business records at Pawn King, on Veterans Memorial Drive, at 12:11, Dec. 22. The case was investigated by Investigator Erik Andre and Deputy James Stack. Henning was issued an appearance ticket.

Nicholas Scott Warriner, 24, DWI, refusal to take a breath test, speed not reasonable and prudent, and following too close. Warriner is accused of driving too fast for conditions and too close to a marketed Sheriff's patrol vehicle at 12:15 a.m., Jan. 16, on Clinton Street Road, Bergen. When the deputy slowed his vehicle while a lead vehicle was turning, Warriner's vehicle allegedly hit the rear of the patrol vehicle. Warriner allegedly failed a field sobriety test.  He was issued an appearance ticket. The investigating officer was Deputy Jacob Gauthier.

Brianna Nicole Greene, 34, of Parkridge Avenue, Buffalo, is charged with grand larceny 4th.  Greene is accused of stealing more than $1,000 in clothing from Dick's Sporting Goods at 1:51 p.m., Jan. 8.  Greene was issued an appearance ticket.

Qumane James Santiago, 23, of West Main Street, Batavia, is charged with harassment 2nd. Santiago is accused of striking another inmate at the Genesee County Jail at 7:21 a.m., Jan. 7. 

Rachel A. Keene, 26, of Pembroke, is charged with DWI. Keene was stopped by a trooper out of SP Clarence on south Newstead Road, Newstead, on Jan. 8. She was allegedly driving with a BAC of .10. She was released on an appearance ticket.

Batavia man accused of setting fire in Washington Towers, stealing a bike

By Howard B. Owens
zakrzewski_mugjan2022.jpg
Matthew Zakrzewski

A 42-year-old Batavia man is in custody following an investigation into a fire at Washington Towers on Sunday.

Matthew T. Zakrzewski is charged with attempted arson 2nd, burglary 2nd, criminal trespass 3rd, petit larceny.

Zakrzewski is accused of setting a chair on fire in the communal area of the retirement residence at Jefferson and Washington in the city. 

The police identified Zakrzewski as a suspect during the beginning of the investigation when police received a report of a bicycle being stolen on Bank Street.  

Zakrzewski was located and identified as the suspect in the bicycle theft. During his arrest, police found he also matched the description of the arson suspect.

He is also a suspect in reports of broken windows on vehicles in the area. 

A current parolee, Zakrzewski was arraigned in City Court and ordered held on $50,000 bail, $75,000 bond, or $150,000 partially secured bond.

Assisting Batavia PD in the investigation was City Fire, Emergency Dispatchers, NYS Parole, and citizens. 

The investigation is ongoing. Anyone who may have information in reference to the cases should contact Detective Sergeant Matt Lutey, Batavia Police Department at 585-345-6350 or the confidential tip line at 585-345-6370.

Hawley joins call for criminal justice reform

By Press Release

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) joined members of the Senate and Assembly Minority Conferences, law enforcement, and public safety advocates on Tuesday to call for the passing of anti-crime measures, following a rise in violence throughout New York state during the past two years. 

The legislative conferences advocated for the restoration of judicial discretion to locally-elected judges, among several other proposals. Since the passage of bail reform in 2019, the ability of judges to hold lawbreakers they know to be dangerous to the community on bail has been heavily restricted. The state has seen a 46.7% increase in murders throughout the state from 2019 to 2020. Criminals released under the bail reform law have gone on to frequently re-offend, at times retaliating against victims mere hours after their pretrial release.

“If we want New York to be a place people want to live, start families and spend their money, it must first and foremost be a safe place,” said Hawley. “During our governor’s State of the State address, there was a glaring absence of any discussion of the marked rise in violence we’ve seen in our communities all across New York. So putting public safety back on the agenda for the upcoming legislative session is a priority for me and our conference as a whole.”

Law and Order: Le Roy resident accused of stealing credit card, making purchases

By Howard B. Owens

Shannon Lee Marvin, 30, of West Main Street, Le Roy, is charged with grand larceny. Marvin is accused of stealing a credit card from a person in Bergen in November and making several purchases with the card. Marvin was processed at the Genesee County Jail and released on an appearance ticket.

Abigail M. Russell, 19, of Hamburg, is charged with petit larceny. Russell is accused of shoplifting a bag full of groceries from a local store at 12:01 p.m., Jan. 4. After receiving a report of the larceny, Russell was located by a Batavia patrol officer, identified as the suspect, and arrested.  She was released on an appearance ticket.

Walter M. Rhynes, 30, of Rochester, is charged with harassment 2nd. Rhynes is accused of trying to strike an employee of a local hotel at 1:29 p.m., Jan. 1. He was issued an appearance ticket.

Brittany N. Leach, 28, of Batavia, is charged with two counts of criminal mischief 4th. Leach is accused of damaging a door and a vehicle on State Street at 11:10 p.m., Jan. 4. She was issued an appearance ticket.

Marcus T. Hill, 29, of East Rochester, was arrested on a warrant for alleged failure to appear. The warrant stems from an incident reported at 9:45 p.m., April 25 (no details released) and was issued July 28 after Hill allegedly failed to appear in court as ordered. He was released under the supervision of Genesee Justice.

Hailee N. Callicutt, 21, of Batavia, is charged with obstruction of governmental administration, resisting arrest, driving without insurance, driving on a suspended registration, and driving a vehicle with an obstructed view. Callicutt was stopped by Officer Peter Post at 10:02 p.m., Jan. 1, on Liberty Street.  She was issued an appearance ticket.

Brian Graziaplena, 70, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Graziaplena reportedly drove his car into a tree at 4:23 p.m., Jan. 1, on North Lyon Street, Batavia. He was issued an appearance ticket and released to a sober third party.

Dean C. Siminski, 32, of Batavia, is charged with criminal contempt 2nd. Siminski allegedly sent a letter to a person covered by an order of protection. He was issued an appearance ticket.

Eric Tyler McGrain, 29, of Donlin Drive, Rochester, is charged with felony DWI, speeding, refusal to take breath test, failure to keep right, and moving from lane unsafely. McGrain was stopped at 1:21 p.m., Jan. 8, on College Road, Batavia, by Sgt. Mathew Clor.

Trisha R. Santora, 39, of Batavia, is charged with eight counts of petit larceny and eight counts of falsifying business records 1st. Santora was arrested by State Police for an alleged crime reported in November. She was issued an appearance ticket. No further details were released.

Kyle A. Hillyard, 29, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Hillyard was stopped at 1:35 a.m., Jan. 9, by State Police in the Town of Batavia. He was issued an appearance ticket.

Brian P. Demko, 44, of Batavia, is charged with aggravated harassment 2nd. Demko was arrested by State Police following an investigation in an incident reported at 7:42 p.m., Dec. 26, in the Town of Batavia. He allegedly made a threat toward another person. He was released on his own recognizance. No further details released.

Batavia man found guilty of DWI in bench trial

By Press Release

Press release:

In a verdict rendered on January 4, 2022, defendant Michael T. Swiatowy was found guilty, after a single judge trial, of one count of misdemeanor driving while intoxicated. The trial was conducted on December 13, 2021, in Batavia Town Court by Judge Lisa Funke.

According to the trial testimony, as well as records of the Genesee County Sheriff’s Office, deputies were dispatched to the defendant’s home on January 10, 2020, for an unrelated matter. Upon arrival, they noticed that defendant had trouble standing and was slurring his speech. He also had bloodshot, glassy eyes, and was wearing only one sock and no shoes. Defendant admitted to driving home from a bar, and a witness at trial confirmed this.

While walking to the patrol car, the defendant was having trouble keeping his balance and kept saying, “I’m a corrections officer, extend me some damn courtesy.” He agreed to perform several field sobriety tests, which he failed. Defendant refused to provide a breath sample and was placed under arrest.

The arrest was handled by Brock Cummins and Deputy James Stack. Assistant District Attorney Robert J. Shoemaker was the trial prosecutor. The defendant was represented by Thomas D. Trbovich, Esq.

Law and Order: Lockport man accused of keeping lost wallet

By Howard B. Owens

Michael J. Robinson, 44, of Lockport, is charged with grand larceny 4th and petit larceny.  Robinson is accused of picking up a wallet containing a credit card that was accidentally dropped at Batavia Downs and taking the wallet home and keeping it and making no attempt to return it.  Robinson was issued an appearance ticket.

Eric John Peluso, 45, of Clipnock Road, Bethany, is charged with assault 3rd and endangering the welfare of a child.  Peluso allegedly struck a minor causing substantial pain.  He was arraigned in Bethany Town Court and remanded to the Genesee County Jail.

Jennifer M. Moore, 36, of River Street, Batavia, is charged with criminal possession of a controlled substance 7th. Moore was arrested on Jan. 5 for alleged drug possession at 12:32 p.m., Oct. 22, at a location on Park Road, Batavia.

Jaylinn Marie O'Neil, 31, of Old Telephone Road, Bethany, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, and unlicensed operator. O'Neil was arrested following a traffic stop on Veterans Memorial Drive at 4:34 p.m., Dec. 29 by Deputy Nicholas Chamoun. O'Neil was allegedly found in possession of a narcotic.

 

Husband charged with manslaughter in overdose death

By Press Release
ithna-asheri_mug.jpg
Makeen Ithna-Asheri

Press release:

On Thursday, December 30th, 2021 around 9:32 PM the Batavia Police Department received a third-party phone call that two adults had overdosed in the presence of their young children at an apartment at Northside Meadows. 

The Batavia Police Department responded along with the Batavia Fire Department and Mercy EMS.  Upon arrival, the mother of the children, Anda Ithna-Asheri (38), was found to have been deceased for some time. 

The father, Makeen Ithna-Asheri (61), was unresponsive with agonal breathing.  Multiple doses of Narcan were administered and Makeen was transported to UMMC where he later recovered. 

The children, ages seven and ten, were released to the custody of a relative. Following an investigation by the Batavia Police Department, Makeen Ithna-Asheri was arrested on January 4th, 2022 around 2:33 PM by Detective Jason Ivison. 

Makeen was charged with manslaughter in the 2nd degree and two counts of endangering the welfare of a child. 

Makeen is accused of providing Anda with the drugs which caused her to overdose and knowing that she overdosed, he failed to administer proper aid.  Additionally, Makeen allegedly prevented the notification of emergency services by taking the children's phones away when they wanted to call 911.

Upon being taken into custody, Makeen was found to be in possession of a quantity of suspected crack cocaine and was charged with criminal possession of a controlled substance in the 7th degree.

Makeen is on lifetime parole for Murder in the 2nd degree and is currently being held in Genesee County Jail on $50k bail, $100k bond, and $150k partially secured bond.  Makeen is also being held on a parole warrant. 

Makeen is scheduled to reappear in court on February 2nd, 2022 at 1:00 p.m.. The Batavia Police Department would like to thank the Genesee County 911 Center, City of Batavia Fire Department, Mercy EMS, Genesee County Department of Social Services, Genesee County Child Advocacy Center, Genesee County Coroner’s Office, Genesee County District Attorney’s Office, and NYS Parole for their assistance in this case.

Law and Order: Man arrested on Thorpe for allegedly giving police fake name

By Howard B. Owens

Daquan J. Butler, 25, of Liberty, is charged with criminal impersonation 2nd. Butler allegedly lied to police about his identity while officers were investigating a disturbance on Thorpe Street, Batavia, at 11:50 p.m., Dec. 25. Butler was also wanted on a warrant.  He was released on an appearance ticket.

Daniel P. Hinca, 26, of Ft. Meyers, Fla., is charged with felony DWI, driving with a BAC of .18 or greater, and failure to use designated lane. Hinca was stopped by a Batavia PD patrol at 1:32 a.m., Dec. 24, on East Main Street, Batavia. He was issued an appearance ticket.

Nicholas P. Knouse, 18, of Attica, is charged with criminal contempt 2nd. Knouse was allegedly found in possession of a rifle in violation of an order of protection at 3:07 p.m., Dec. 20. He was issued an appearance ticket.

Paul A. Inostroza, 31, of Rochester, is charged with criminal contempt 2nd and aggravated harassment 2nd. Inostroza is accused of violating an order of protection following an incident on Dec. 11 and of leaving threatening voice mails. He was arrested at City Court on Dec. 23 and issued an appearance ticket.

Marvin K. Barber, Jr., 36, of Batavia, is charged with disorderly conduct. Barber was allegedly involved in a fight inside a business in Batavia on Nov. 25 at 11:30 a.m. He was arrested on Dec. 23 and issued an appearance ticket.

Eric J. McGill, 38, of Batavia, is charged with disorderly conduct. McGill is accused of being involved in a fight inside a Batavia business on Nov. 25.  He was arrested on Dec. 21 and issued an appearance ticket.

Richard G. Hafford, 43, of Batavia, is charged with criminal mischief 4th and harassment 2nd. Hafford was allegedly involved in a fight at a location on East Main Street, Batavia, at 2:21 a.m., Nov. 12. He was arrested on Dec. 23 and issued an appearance ticket.

Timmy L. Taylor, 47, of Batavia, is charged with petit larceny, grand larceny 4th, and aggravated unlicensed operation. Taylor is accused of stealing a mobile phone and a vehicle from a person and then operating that vehicle on a revoked license. Taylor was issued an appearance ticket.

Michael J. Robbins, 62, of West Main Street, Batavia, is charged with petit larceny.  Robbins is accused of stealing $83.13 in merchandise from Walmart at 7:35 p.m., Dec. 30.  He was issued an appearance ticket.

Joseph Owen Hutt, 32, of Donlin Drive, Rochester, is charged with DWI and speeding. Hutt was stopped at 7:22 p.m., Dec. 29, on Route 33, Byron, by Sgt. Mathew Clor. He was issued traffic tickets.

Lisa M. Grasby, 50, of Le Roy, is charged with petit larceny. Grasby was arrested by State Police in connection with an incident reported at 10:12 a.m., Dec. 24, in the Town of Batavia. She was issued an appearance ticket. No further details were released.

Grand Jury Report: Man accused of making false report, causing alarm, at John Kennedy School

By Howard B. Owens

James L. Simonds is indicted on counts of burglary in the third degree, false report: fire, explosion, hazardous substance upon school grounds, and endangering the welfare of a child. Simonds is accused of entering John Kennedy School, 166 Vine St., Batavia, on Jan. 28 with the intent of committing a crime and while at that location did communicate false or baseless information about the occurrence or impending occurrence of a fire, explosion, or hazardous substance, on school grounds in a manner that was likely to cause public alarm. He is accused of knowingly acting in a manner to be injurious to the physical, mental, or moral welfare of a child.

Cynthia M. Mack is indicted on counts of burglary in the third degree and criminal mischief in the fourth degree.  Mack is accused of entering a dwelling on Lake Street in Le Roy on June 4 with the intent of committing a crime and while in the dwelling did intentionally damage property.

Robert C. Strollo is indicted on a count of failure to register a change of address as a sex offender. On or about Dec. 1, 2020, Strollo allegedly failed to register a change of address with the NYS Criminal Justice Service within 10 days of changing his address from a residence on Bethany Center Road, Bethany.

Stafford resident accused of making terroristic threat in connection with incident that closed Route 5

By Howard B. Owens

mainroadlong2021.jpg

A Stafford man has been charged with multiple felonies in connection with an incident on Saturday that led to Route 5 being closed to traffic in both directions for several hours.

Christopher C. Say is accused of setting a detached garage on fire at a residence on Main Road in Stafford and being uncooperative when crews from the Stafford Fire Department arrived on the scene.

Say allegedly barricaded himself in the garage and claimed explosives would detonate if the garage was approached.

Sheriff's deputies evacuated residents from the immediate area.

Along with Batavia Police Department's emergency response team, negotiators from both Batavia PD and the Genesee County Sheriff's Office were dispatched.

After negotiations stalled, Say allegedly drove a motor vehicle backward through a closed garage door, breaking the garage door and damaging the vehicle. He reportedly continued down the driveway, striking a fence and a marked patrol car.  He was then taken into custody without further incident.

During the incident, Say also allegedly burned another person's face causing a physical injury.

Say is also accused of possessing a metal knuckle knife.

Investigators claim there was evidence found in the garage to support Say's claim that the garage was equipped to explode.

Say was arraigned in Stafford Town Court and charged with:

  • Making a terroristic threat, a Class D felony
  • Criminal possession of a weapon 3rd, a Class D felony
  • Criminal mischief 2nd, a Class D felony
  • Attempted arson 3rd, a Class D felony
  • Criminal mischief 3rd, a Class E felony.

Say was ordered jailed on $20,000 bail, $40,000 bond, or $80,000 partially secured bond.

Also assisting in the incident were New York State Police, New York State Department of Environmental Conservation, Genesee County Emergency Management, and Mercy EMS.

Photo: File photo from Saturday

Previously: Route 5 closed in Stafford

Law and Order: Man charged with DWI after report of car parked in roadway on Route 33

By Howard B. Owens

Glenn Howard Wright, 51, of Broadway Street, Bethany, is charged with DWI, consumption of alcohol in a motor vehicle, no seat belt, and stopped in the roadway on a public highway.  Wright was arrested after deputies David Moore and Kyle Krzemien were dispatched at 2:41 a.m., Dec. 28, to the 6700 block of Clinton Street Road, Stafford, for a report of a vehicle parked in the roadway.   Wright was issued an appearance ticket.

Amber Lynn Turner, 28, of South Main Street, Batavia, is charged with petit larceny.  Turner is accused of shoplifting from Walmart in Batavia at 3:33 p.m., Dec. 28. She was issued an appearance ticket.

Trustee in Tomaszewski bankruptcy seeks order to obtain tax refunds

By Howard B. Owens

The trustee in the Michael S. Tomaszewski bankruptcy case has asked the court to order Tomaszewski's wife to turn over an anticipated income tax refund once it is received.

Attorneys for Trustee Mark J. Schlant filed the motion last week after Tomaszewski was sentenced to two to six years in prison for defrauding funeral pre-arrangement customers out of, collectively, more than $500,000. 

According to the motion, Michael and Valerie Tomaszewski have jointly claimed refunds of $27,121 for their 2019 and 2020 income tax filings. 

The motion asks the court to order Valerie to turn over $13,560 to the court to help settle some of Michael Tomaszewski's debts.

"The Trustee understands that the Debtor recently might have become somewhat limited in his ability to deal with matters such as this and that the necessary arrangements might put Mrs. Tomaszewski in control of the funds," the motion reads. "Therefore the Trustee wishes to secure Mrs. Tomaszewski's cooperation in effecting the turnover."

The bankruptcy judge, Robert H. Jackson, has not yet responded to the motion.

In bankruptcy filings, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

At his sentencing on Dec. 22, Judge Charles Zambito ordered Tomaszewski ordered the former funeral home operator to pay $569,434.92 in restitution to his victims, starting at $2,000 a month once he's released from prison.

Tomaszewski admitted to misappropriating funds from clients who paid for pre-arrangement services. There were at least 91 such victims.  Many of those victims have filed stipulations with the bankruptcy court protecting those debts from discharge through the bankruptcy process.

Court affirms DWI conviction after appeal of trooper's entry of car

By Howard B. Owens

Press release:

In a decision rendered December 21, 2021, Genesee County Court Judge Charles N. Zambito affirmed the misdemeanor DWI conviction of defendant James D. Doyle (complete decision attached). The defendant was convicted upon his guilty plea in Pembroke Town Court in March of 2018 and was sentenced to a conditional discharge.

On August 26-27, 2012, around midnight, Trooper Timothy Pickering was on duty and received multiple reports through dispatch of an erratic vehicle traveling eastbound on the Thruway. Trooper Pickering located the car in the Pembroke service area. The vehicle was parked but it was still running. When the trooper approached the car, he saw "a driver sitting in the driver's seat, no seat belt, slumped over the wheel, and there was a female passenger in the passenger seat slumped over, too." The trooper knocked on the window and received no response. He then opened the door and was eventually successful in waking up the driver, who was Mr. Doyle.

After Mr. Doyle pleaded guilty, he filed a notice of appeal In April of 2018. In July of 2020, after Mr. Doyle had made no further action to perfect the appeal, the Genesee County District Attorney's Office moved to dismiss the matter. Genesee County Court allowed Mr. Doyle to complete his appeal, and an oral argument occurred on September 29, 2021.

In its decision, Genesee County Court found that Trooper Pickering was justified In "the minimally intrusive act of opening the defendant's . . . door to continue his Investigation" due to "the recent and substantial report of the defendant's erratic driving behavior, the manner in which the defendant's vehicle was parked, the fact that the vehicle was still running, and the defendant's unresponsive state." These factors gave the trooper reasonable cause to believe that the defendant had operated the vehicle while intoxicated or impaired. The trooper's actions were also justified under the emergency doctrine.

Assistant District Attorney Robert J. Shoemaker, who handled the appeal, welcomed the decision. "This is a good result not only for law enforcement, but it is also a win for logic and reason. We appreciate County Court's recognition that a trooper in this situation can approach a car and check on the occupants, both to determine their welfare and to investigate possible criminal activity.

Indeed, Trooper Pickering would have been derelict in his duties if he had knocked on Mr. Doyle's window and, upon receiving no response, had simply walked away.”

To read the full decision, click here (pdf).

Law and Order: State Street resident accused of animal cruelty

By Howard B. Owens

Sarah P. Lytle, 39, of Batavia, is charged with torture/injure/failure to provide sustenance to an animal.  Lytle was accused of animal cruelty after Batavia PD was asked to assist the Probation Department with a house check at 10:39 p.m., Dec. 21, on State Street. Lytle is accused of keeping a dog in a cage without adequate food or water and the cage contained the dog's own feces. She was issued an appearance ticket.

Brian Paul Demko, 44, of Montclair Avenue, Batavia, is charged with DWI, use of a vehicle without an interlock device, refusal to take breath test, driver license restriction violation, driving with motor vehicle vision obstruction. Demko was stopped at 12:36 p.m., Dec. 23, on Main Road, Stafford, by Deputy Kenneth Quackenbush. 

Mathew Paul Parker, 32, of Oak Street, Batavia, is charged with criminal trespass. Parker is accused of trespassing at Walmart at 3:02 p.m., Dec. 21. He was taken to the Genesee County Jail for prints and photos and released on an appearance ticket.

Jeffrey Michael Kirkey, 50, of South Wind Court, Rochester, and Jessica Lynn Zicari, 38, of Suston Street,  are each charged with criminal possession of a controlled substance. Kirkey and Zicari were arrested after Deputy Kenneth Quackenbush and Deputy Kyle Krzemien responded to Route 33 in Stafford for a report of a vehicle partially blocking the roadway.  Kirkey and Zicari were allegedly found in possession of cocaine.  The suspects were processed at the Genesee County Jail. Zicari was released on her own recognizance. Kirkey was turned over to the Monroe County Sheriff's Office on an outstanding felony warrant.

Robert W. Russo, 46, of Winter Park, Fla., was arrested as a fugitive from justice at 2:06 a.m., Dec. 18, by Batavia PD when he was located by an officer investigating an unrelated complaint. The warrant out of Orange County, Florida, was for an alleged assault.  He was arraigned in City Court and ordered held in the Genesee County Jail.

Marcell F. Greene, 37, of Bliss, was arrested on a bench warrant. Greene allegedly failed to comply with a court-ordered program. She was arraigned in Batavia Town Court and released under supervision of Genesee Justice.

John J. Saddler, 34, of Batavia, is charged with grand larceny 4th. Saddler is accused of stealing cash from the pants pocket of another person at 11:30 a.m., Oct. 25, at a location on East Main Street, Batavia.  He was issued an appearance ticket.

Jason P. Gorton, 25, of Batavia, is charged with assault with intent to cause physical injury with a weapon and criminal possession of a weapon. Gorton was arrested by State Police in connection with an incident reported at 10:51 p.m., Dec. 26, in the Town of Batavia.  He was released on his own recognizance.  No further information was released.

Chase E. Shultz, 31, of Batavia, is charged with criminal contempt 2nd. Schultz was arrested by State Police in connection with an incident reported at 1:45 p.m., Dec. 23, in the Town of Oakfield. Schultz was issued an appearance ticket. No further information was released.

Kaleb J. Bobzien, 23, of Lockport, is charged with criminal contempt. Bobzien was arrested by State Police in connection with an incident reported at 5 p.m., Oct. 5, in the Town of Batavia. He was ordered held in the Genesee County Jail. No further information was released.

Anthony J. Maye, 21, of Bergen, is charged with rape 3rd (inability to consent) and sexual abuse 3rd. Maye was arrested by State Police in connection with an incident reported at 12:48 p.m., Oct. 26, in the Town of Bergen. He was released on his own recognizance.  No further information was released.

Batavia PD looking for public's assistance following weekend burglary

By Press Release

valero_1burglary.jpg

Press release:

The Batavia Police Department and the New York State Police are investigating two separate incidents of burglaries at two different gas stations in the City of Batavia and Town of Batavia respectively this weekend.

In both incidents, two suspects smashed a front window with construction debris found near the gas stations. The suspects then made entry into the businesses and stole property.

The Batavia Police Department is looking for assistance identifying the suspects or if any citizens observed any suspicious events near the Valero Gas Station on Sunday, December 26, 2021, at or about 5:00 a.m.

Anyone with information is asked to contact Detective Jason Ivison at (585) 345-6312 or email him at jivison@batavianewyork.com.

You may also use the CONFIDENTIAL TIP LINE at (585) 345-6370.

valero_5burglary.jpg

valero_3burglary.jpg

Law and Order: Pair located at Batavia hotel accused of dealing drugs

By Howard B. Owens
greenedec2021mug.jpg
mutterdec2021_mug.jpg
Marcella Greene Chelsea Mutter

Marcella F. Greene, 37, of Fernwood Park, Rochester, and Chelsea M. Mutter, 28, of Miller Avenue, Batavia, are both charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 4th.

Greene and Mutter were arrested by members of the Local Drug Task Force after local law enforcement responded a call at Quality Inn and Suites, 8250 Park Road, about an attempt to locate a warrant subject.

Upon investigation, Greene and Mutter were allegedly found in possession of crack cocaine. They were taken into custody without incident and also arrested on multiple outstanding warrants.

The duo was arraigned in Town of Batavia Court.  Greene was released under supervision of Genesee Justice. Mutter was released on her own recognizance. 

Batavia PD assisted in the investigation.

Brian Thomas Durett, 31, of Mount Vernon, Rochester, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and speed not reasonable and prudent. Durett was charged following an investigation by Deputy Moore of a report at 12:39 a.m., Dec. 24, into a report of a vehicle in a ditch on I-490 in Le Roy.  He was released on an appearance ticket.

Grand Jury Report: Woman accused of cocaine possession in Bergen

By Howard B. Owens

Danielle R. Tooley is indicted on counts of criminal possession of a controlled substance in the fifth degree and aggravated unlicensed operation in the third degree. On Nov. 24, in the Town of Bergen, Tooley is accused of possessing more than 500 milligrams of cocaine.  On that same date, she is accused of driving a 2008 Volvo on Clinton Street Road, Bergen, while her license was suspended.

Authentically Local