crime

Accused of arson and attempted murder, Rochester resident Andre L. Scott, 30, will take his case to trial Aug. 23.

Today was the plea-cutoff date. Scott's attorney, Thomas Burns, said his client is well aware of Judge Robert C. Noonan's strict deadlines for plea deals but still rejected a plea offer by District Attorney Lawrence Friedman.

Friedman offered to reduce the charge to attempted arson, 2nd, a Class C felony with no sentence conditions.

Noonan also confirmed today that he denied defense motions to suppress some evidence gathered by Batavia Police detectives.

In his written ruling, Noonan wrote, "The Court therefore finds that, although the parole officers were cooperating with police investigating an arson, they were not acting solely on behalf of the police when seizing the defendant's cell phones and saliva samples."

Burns had argued that a search of Scott, his car and apartment were conducted at behest of the police and some of the parole officers' actions -- such as how the saliva samples were gathered -- were done entirely in the furtherance of the police investigation and not part of the functions of parole officers.

Scott is accused of starting a fire at 12 Elm St., Batavia, on Jan. 12, 2009, in an alleged attempt to kill the father of his recently estranged girlfriend.

For previous coverage, click here.

The attorney for Justin Amend, charged with public lewdness for his alleged part in a public sex act, plans to ask the District Attorney for a plea deal.

The 29-year-old Amend, of Oakfield, wasn't in court today, and his case was continued to July 27, giving attorney Tom Williams time to discuss the case with the DA's office.

Public lewdness is a Class B misdemeanor. It is the only charge Amend is facing from the alleged early June encounter in Farrall Park, Batavia, with alleged partner Suzanne Corona, so it wouldn't seem there is much room to bargain.

Williams said he didn't want to speak for the DA, but he mentioned as an example, the charge could be reduced to disorderly conduct.

"It's a B misdemeanor," Williams added. "It's less serious than stealing a candy bar. You can get a year in jail for stealing a candy bar. You only can only get 90 days for this."

If a deal isn't struck, Williams said, then the July 27 court date will be used for filing motions in preparation for a possible trial.

Corona, who is also charged with adultery, is scheduled to appear in court at 1 p.m. today.

The case has brought an international spotlight to Batavia because the adultery charge is so unusual.

Television camera crews from Rochester were on hand for Amend's hearing this morning.

Woodrow C. Horseman, 34, no permanent address, is charged with three counts of harassment, 2nd. Horseman was first arrested by Batavia Police following a complaint of a man yelling at two women on Thorpe Street at 4:30 p.m, Tuesday. Horseman allegedly verbally threatened the two women. Horseman was issued an appearance ticket and released. At 8:40 p.m., Horseman allegedly threatened another woman at a residence on Lewis Place. Horseman was then arrested and jailed on $750 bail.

Kelly A. Donoghue, 26, of 6 School St., Le Roy, is charged with one forgery, 2nd, and attempted identify theft, 3rd. Donoghue is accused of entering the Le Roy Library on May 27 and assume the identity of another person by obtaining a fraudulent library card. Donoghue allegedly signed the name of the victim after showing the clerks a vehicle title and other personal papers in the name of the victim. Le Roy Police say that if Donoghue had received the card, Donoghue could have removed videos and other property from the library, and the card could have been used elsewhere as a form of I.D. Donoghue was released under supervision of Genesee Justice.

Scott Doll has no intention of pleading guilty to a promoting prison contraband charge, according to his attorney.

The case may go to trial, said Dan Killelea outside of the courtroom this afternoon.

Killelea helped represent Doll in his murder trial.

Doll was convicted of killing Joseph Benaquist in May and jailed immediately. During his processing, Doll was apparently searched and allegedly a green balloon was found hidden on his body. A lab test indicated that ground-up aspirin was the powdery substance the Sheriff's Office said was found in the balloon.

Doll appeared in court today sporting a new beard.

Killelea was granted more to prepare his case and file motions.

The case will be called in City Court on July 27.

Doll is scheduled to be sentenced Friday on the murder conviction.

(via WBTA)

Michelle A. Parker is indicted on four counts, including grand larceny, 3rd, petit larceny, grand larceny, 4th and perjury,1st. Parker is accused of stealing in November 2006 from a bank branch in Batavia and making a false statement related to the case. The amount of the alleged thefts exceed $4,000.

Gerardo Pineda-Sanchez is indicted on a count of assault, 2nd, a Class D felony. Sanchez is accused of stabbing a victim with a knife April 28 in Elba.

Theodore R. Cooper is indicted on one count of grand larceny, 3rd, a Class D felony. Cooper is accused of stealing property valued in excess of $3,000 sometime between Dec. 30 and Feb. 3 from a Batavia resident.

Scott Stine (aka Scott Campbell) is indicted on a count of DWI. Stine is accused of operating a motor vehicle while intoxicated on Lovers Lane Road, Batavia, on May 1.

Ami L. Blackmore is indicated on three counts related to driving while intoxicated. Blackmore is charged with DWI, driving with a BAC of .08 or greater and driving with a BAC of .18 or greater. Blackmore is accused of driving a car while intoxicated on Bloomingdale Road, Alabama, on Jan. 22.

Jamie R. Montgomery is indicted on two misdemeanor counts and one felony count related to an alleged DWI. Montgomery is charged with a misdemeanor count of DWI and a misdemeanour count of driving with a BAC of .08 or greater. She is charged with a Class E felony of aggravated unlicensed operation. Montgomery is accused of driving intoxicated on Route 5 in Stafford on March 17.

An arrest has been made in the alleged theft of credit cards from parked vehicles earlier this month.

Det. Pat Corona of the Batavia Police Department said local media reports about the alleged theft and use of the cards, along with surveillance photos of the alleged suspect, turned up numerous tips leading to the arrest.

Taken into custody and charged with grand larceny, 4th, was Kyle C. Monroe, 20, of 43 Washington Ave., Batavia.

Monroe was located allegedly hiding in the backyard of 131 State St.

He is accused of taking the credit cards from a parked vehicle on Gateway Drive on June 14 and using them to purchase a variety of items at local retail stores, including a laptop computer, electronics and clothing.

The Genesee County Sheriff's Office assisted in the investigation.

Additional charges may be pending and the investigation is continuing.

Monroe was jailed without bail.

Melody Lynn Neal, 20, of Indian Falls Road, Corfu, is charged with falsely reporting an incident, 3rd. Neal is accused of contacting Genesee County Dispatch and claiming that a person had contacted her by phone threatening to do her harm. An investigation allegedly revealed that the harassing phone calls never occurred.

Steven B. Ellis, 46, of Wyoming, is charged with DWI, driving with a BAC of .08, and criminal possession of a controlled substance, 7th. Ellis was stopped by State Police in the Town of Batavia at 6:43 p.m., Sunday.

Accident Update: On an accident we reported Sunday that partially closed Route 63 for several hours, the State Police blotter contains the following information. The accident occurred at 1:52 p.m. It was a single-car accident with one injury. The driver is reported as Roy A. Park, 50, of Batavia. No further details were released.

A Holley man who assaulted a Byron resident and then stole three long guns from him in April will serve four years in prison followed by five years of supervised release.

Darrell Bruce Reid, 45, who admitted to assault, 2nd, in May, said today that he was sorry for the attack and blamed alcohol for his behavior.

"I would like to say I'm sorry to (the victim)," said Reid. "I didn't mean for this to happen. Of course, the next day I was concerned that I hurt him bad. I did not intend to go there to rob that man or to beat him or to hurt him. There were some things said and alcohol provoked it."

While Reid has a lengthy criminal history, including prior felony convictions, both his attorney Billy Tedford and Judge Robert C. Noonan noted that this is Reid's first violent felony.

"I just encourage you to do whatever you can do in state system to get on the right track before you’re released," Noonan said.

Reid's mother and girlfriend both wrote letters of support and were in court during the sentencing.

Reid was also ordered to pay $1,900 in restitution to the victim for hospital bills.

Jeremy Dean Lyons, 25, of Judge Road, Oakfield, is charged with unlawful growing of cannabis and unlawful possession of marijuana. Lyons is accused of having four marijuana plants growing outside of his residence in plain view. He was arrested at 6:42 p.m., Sunday, by Deputy Patrick Reeves.

James C. Cooper, 47, of 7 1/2 North St., Le Roy, is charged with DWI and driving with a BAC of .08 or greater. Cooper was taken into custody after Le Roy Police responded to a report of a disturbance at 1:27 a.m., Saturday, on North Street.

UPDATE: Two additional items from the weekend that did not initially reach our inbox for some reason:

Robert Steven Zona, 53, of Lake Street Road, Le Roy, is charged with rape, 1st. Zona, reportedly a resident of Le Roy Manor, is accused of attempting to rape another resident. Zona was arraigned and released under supervision of Strong Memorial Hospital for mental health evaluation.

James Christain Oehler, 18, of Lake Road, Bergen, is charged with unlawful fleeing a police motor vehicle, and numerous other alleged traffic violations. Oehler is accused of failure to stop his motorcycle on Route 19 in the Village of Bergen. Oehler was reportedly first observed doing 49 mph in a 30 mph zone on Route 19 near Rochester Street in the village. Oehler reportedly turned onto Hunter Road and then Swamp Road, where his speed allegedly exceeded more than 25 mph over the posted speed limit. Oehler was subsequently located at his residence on Lake Road. Upon investigation, Oehler was allegedly operating an unregistered and uninsured motorbike with improper license plates.

A Sheriff's deputy was accosted early this morning by a man accused of wandering down Colby Road in Darien yelling threats toward residents.

Brett Franklin Dieter, 32, of Lewiston Road, Basom, reportedly tried to avoid Deputy Patrick Reeves when he arrived on scene at 1:37 a.m. When contacted by Reeves, Dieter allegedly shoved Reeves and hit him in the face.

Dieter was reportedly drunk at the time of the incident.

Neither Reeves nor Dieter were injured.

Dieter was charged with disorderly conduct and harassment, 2nd. He was issued an appearance ticket and order to appear in Town of Darien Court on July 20.

The Sheriff's Office is investigating a series of car break-ins on Gabby Road, Town of Pembroke that occurred Thursday night between 10:30 and midnight.

Four cars were entered at two residences and one credit card was taken.

The card was used or attempted to be used at several stores in Erie County. 

Chief Deputy Jerome Brewster said not all of the charges were available as of yesterday, but the total is likely only a few hundred dollars.

The value of other items stolen likely exceeds $1,400 (GPS units, purses, sunglasses, etc.).

Brewster said these break-ins do not appear related to the credit card thefts from cars reported earlier in the week.

There's no new information available on that case.

Overnight, somebody pushed over the cow in front of the Cornell Cooperative Extension.

An officer on scene said the anchors appear out of the ground, but it doesn't look damaged.

Dispatch is attempting to contact an extension representative.

UPDATE: Officer Ed Mileham was still on scene when I stopped by for a quick picture and he said last week, pranksters hit the extension, too. Somebody rearranged the lettering of the message board to read "Eat Meat July 2." The cover of that board is now held in place by a padlock. The cow was anchored only with tent spikes.

Clinton Stanley Worthington, 20, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, and no/inadequate stop lamps. Worthington was stopped at 2:25 a.m. in the area of 8974 Upton Road, Batavia, by Deputy James Diehl.

Charles Thigpen Gus "Gusto" Williams, 31, of 4213 Cookson Road, Alexander, is charged with criminal possession of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 7th. The Local Drug Task Force executed a search warrant at 4213 Cookson Road, Alexander, on Wednesday afternoon. Williams was allegedly found in possession of crack cocaine, powder cocaine, Hydrocodone, Suboxone and $770 in U.S. currency. Williams was jailed on $15,000 bail.

Dyllon E. Soccio, 20, of 134 Tracy Ave., Batavia, is charged with criminal possession of a controlled substance, 4th, criminal possession of marijuana, 2nd, and three counts of criminal possession of a controlled substance, 7th. The Local Drug Task Force executed a search warrant at 134 Tracy Ave., Batavia, on Wednesday afternoon. Soccio was allegedly found in possession of 3/4 of a pound of Psilocybin (mushrooms), about 2 1/2 pounds of marijuana, a quantity of powder cocaine, Hydrocodone, Valium and $2,096 in U.S. Currency.  Soccio was jailed without bail.  Additional charges may be pending.

A 17-year-old resident of Prospect Avenue, Batavia, is charged with petit larceny. The youth is accused of placing items in her purse while at Tops Market and attempting to leave without paying.

Kimberly Lynn Blue, 21, of 7 Wood St., Batavia, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Blue was reportedly a passenger in a vehicle stopped for alleged traffic offenses 5:53 p.m., Tuesday. During the stop, she was allegedly found in possession of a quantity of marijuana and Ritalin. The stop was made by Deputy Brian Thompson.

General G. Sanders, 38, of Haxton Lane, Oakfield, is charged with unlawful possession of marijuana. Local law enforcement made contact with Sanders when a van was stopped in order to execute a bench warrant out of the Town of Batavia for a passenger in the van, Jeremy Lyons. The stop was made at 2:33 p.m., Tuesday, by Deputy Brian Thompson and a unit from the State Police. During the stop on Angling Road in Pembroke, Sanders was allegedly found in possession of marijuana.

Luke M. Tarnacki, 19, of Sandridge Road, Alden, is charged with driving while impaired by drugs, failure to keep right, unlawful use of an electronic device (texting) and aggravated unlicensed operation. Sheriff's deputies Ron Meides and Chris Parker were dispatched at 7:47 a.m., Wednesday, to the scene of an alleged accident on Route 33 near Read Road in the Town of Batavia. A vehicle had driven through a ditch and left the scene. Tarnacki was located later and reportedly admitted to texting while driving. Tarnacki reportedly crossed two lanes of traffic and drove off the roadway on the opposite shoulder. Upon further investigation, deputies determined that Tarnacki was allegedly driving while impaired by drugs. Tarnacki was jailed on $3,000 bail.

After his client entered a not guilty plea to an aggravated harassment charge, attorney Dan Killelea read the letter for the first time that Dawn Doll allegedly wrote a Sheriff's Office employee and shook his head.

After court, Killelea said, "I can't see a single threat in the entire letter."

He said he will need to research the case further before deciding on a defense, but he indicted he isn't sure there was even a crime committed when Doll, sister of convicted murderer Scott F. Doll, allegedly mailed the letter in a Father's Day card to one of the officers involved in the murder investigation.

The Sheriff's Office employee wrote in an affidavit that he felt threatened by the letter.

"The content of the letter was disturbing to me," he wrote. "The fact that a Father's Day card was sent along with the letter and receiving the envelop on Father's Day was very threatening to me and my family members."

Scott Doll was convicted by a jury last month of killing Joseph Benaquist outside Benaquist's Pembroke home.

Dawn Doll appeared in City Court at 1 p.m. accompanied by friends and family to answer to the Class A misdemeanor charge.

In a statement Doll reportedly made to a State trooper at the time of her arrest Saturday, Doll said she had come to understand writing the letter was the wrong thing to do.

"I should never have done it," Doll reportedly said. "If I could take it back, I would."

Judge Michael DelPlato issued an order barring Doll from having contact of any kind through any means with the Sheriff's Office member she allegedly wrote the letter to.

Killelea assisted Paul Cambria in the defense of Scott Doll.

A fight in progress, with injuries, at the Village Park in Bergen has been reported. Sheriff's deputies are responding and an ambulance was called to the fire department to standby.

The dispatcher says the caller claims a woman was lured to the park by two females and then assaulted. She needs an ambulance and has a head laceration.

The two assailants are still on location. One is in custody. The scene is secured.

Local law enforcement is looking for individuals who allegedly used stolen credit cards to make purchases at a retail store in Batavia.

The credit cards were allegedly stolen from a vehicle parked on Gateway Drive on June 14.

Credit cards were also stolen from a car on Park Road on June 4.

Batavia PD is investigating the Gateway Drive theft and the Sheriff's Office is investigating the Park Road incident.

The individuals in the picture above are wanted for questioning in the case. They may be driving the car in the picture below.

Police are asking persons who may have information on the identity of the suspects to contact the Batavia Police Department’s Detective Bureau at (585) 345-6444 or the Genesee County Sheriff’s Department at (585) 345-3000 x-3570. Persons can also leave information on the Batavia Police Department’s Confidential Tip Line at (585) 345-6370.

Tonya L. Buzzell, 27, of 26 Rochester St., Bergen, is charged with aggravated harassment. Le Roy Police report that officers responded to a report of a domestic disturbance in the village allegedly involving Buzzell.  Some time later, Buzzell allegedly sent a series of harassing text messages to a resident of the village. The alleged incidents occurred Saturday.

A Warsaw man accused of grand larceny in a complicated scheme to steal money and building materials was in City Court today asking that an order of protection for two alleged victims be lifted.

The attorney for Dustin Hurlburt, 32, said Hurlburt could complete work if the order was lifted.

The District Attorney did not object to the request.

The orders were lifted.

Hurlburt is due back in court Aug. 10.

(Dan Fisher at WBTA contributed to this report.)