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December 20, 2019 - 12:37pm
posted by Billie Owens in batavia, crime, news, notify.

Melody J. McMaster, 48, of Washington Avenue, Batavia, is charged with second-degree criminal contempt. McMaster was arrested on Dec. 9 on Chestnut Street in Batavia after allegedly violating an order of protection by being inside the protected party's residence at 11:17 a.m. that day. She was issued an appearance ticket for Dec. 24 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Jose Fuentes, 39, of Bank Street, Batavia, is charged with second-degree harassment. On Dec. 17, Batavia Police Officer Peter Post arrested Fuentes in connection with an incident that occurred at 9 p.m. Dec. 13 on Bank Street in Batavia. He was issued an appearance ticket for Dec. 24 in Batavia City Court.

Kyle Schroeder, 23, of Telephone Road, Le Roy, is charged with petit larceny. He was arrested at 9:09 a.m. on Dec. 8 on East Main Street in Batavia after he allegedly took an item out of the packaging while in a local business and then attempted to conceal the item. He is accused of placing the empty packaging on the shelf and continuing through the store. He was due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Mitchell Cowen.

December 18, 2019 - 2:35pm
posted by Billie Owens in scanner, crime, news, batavia.

A woman who lives on Ross Street in the city has a criminal mischief complaint. She was just at Batavia Police Department and returned home and now all her tires are flat.

She told a dispatcher she believes someone slashed her tires while she was inside the police headquarters on Main Street. Police are outside with the caller and her vehicle now on Ross Street.

December 17, 2019 - 3:19pm

Katty L. Jackson, 23, of East Main Street, Batavia, is charged with: second-degree harassment; fourth-degree criminal mischief; second-degree strangulation; and unlawful imprisonment in the second degree. Jackson was arrested at 10:15 p.m. on Dec. 7 on East Main Street, Batavia, following an investigation into a physical domestic incident. She was arrested and arraigned in Batavia City Court and put in jail. No bail specified. She was due to return to city court Dec. 9. The case was handled by Batavia Police Officer Wesley Rissigner, assisted by Officer Lindsay Christopher.

Nicole R. Griffin, 37, of State Street, Batavia, is charged with second-degree harassment -- physical contact. She was arrested at 5:47 p.m. on Dec. 14 following a physical altercation inside Walmart in Batavia. Griffin was released on an appearance ticket and is due in Batavia Town Court on Dec. 19. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Miah Stevens.

Bleyke Z. Culver, 23, of Walnut Street, Batavia, is charged with second-degree harassment. Culver was arrested at 11:30 a.m. on Dec. 10 on Walnut Steet after allegedly threatening to subject a person to unwanted physical contact during a domestic incident. Culver was issued a computer-generated appearance ticket and is due in Batavia City Court on Dec. 24. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Michelle L. Sahr, 52, of North Main Street, Albion, is charged with second-degree harassment. Sahr was arrested at 8:48 p.m. Dec. 8 on Prospect Avenue in Batavia after allegedly showing up repeatedly at a residence and being told each time she needed to leave. Sahr was issued an appearance ticket and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Marc Lawrence.

Thomas James Noce, 26, of North Lansing Circle, Rochester, is charged with: aggravated driving while intoxicated -- a BAC of .18 or more; DWI; reckless driving; failure to stop at stop sign; and operating a motor vehicle while using a portable electronic device. Noce was arrested on Dec. 16 on Clinton Street Road in Bergen at 10:50 p.m. on Dec. 16 following the investigation of a motor-vehicle accident. He was issued appearance tickets and released and is due in Bergen Town Court on Jan. 8. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Ryan Young.

Matthew G. Vandyne, 57, of Purdy Road, Canandaigua, is charged with: driving while intoxicated -- second offense; DWI with a BAC of .08 percent or more, with a prior conviction; and drinking alcohol in a motor vehicle. Vandyne was arrested at 1:06 a.m. on Route 237 in Byron following an investigation. He is due in Byron Town Court on Jan. 6. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun.

Linda Marie Doucette, 54, of Lake Road, Brockport, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; and moving from lane unsafely. Doucette was arrest following an investigation of a motor-vehicle accident at 7:38 p.m. on Dec. 13 on Reuben Road on the Tonawanda Indian Reservation. She was issued appearance tickets for Dec. 23 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Michael Lute.

Baillie Marie Schwab, 20, of Maxim Road, Attica, is charged with: driving while intoxicated -- a BAC of .18 percent or more; DWI; and open container of alcohol in a motor vehicle. Schwab was arrested at 5:07 a.m. on Railroad Avenue in Alexander following a complaint of a female slumped over the wheel in a vehicle in the middle of the roadway in Alexander. She was released on appearance tickets and is due in Alexander Town Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy James Stack.

Todd J. Pangrazio, 43, of Annamarie Terrace, Cheektowaga, is charged with aggravated unlicensed operation in the first degree and passing a red light. At 5:59 p.m. on Dec. 15, Pangrazio was allegedly observed passing a steady red light at the intersection of Main and Court streets in the City of Batavia. A traffic stop was conducted. It was determined that Pangrazio possessed a suspended NY non-driver ID with 10 or more scoffs on 10 or more dates. He was issued an appearance ticket and released on his own recognizance. He is scheduled to appear in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Marc Lawrence.

Eric J. McGill, 36, of Hutchins Place, Batavia, is charged with trespass. He was arrested at 5:37 p.m. on Dec. 14 in Walmart in Batavia after entering the business, from which he was previously banned. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 19. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Sgt. Dan Coffey.

Vincent A. Sanfratello, 53, of Liberty Street, Batavia, was arrested on Dec. 10 on a bench warrant out of Batavia City Court. He was processed and arraigned in city court and is due back in court on Jan. 28. The case was handled by Batavia Police Officer Arick Perkins.

December 17, 2019 - 1:44pm
posted by Billie Owens in NYSP, Batavia Troop A, Cold Case Tuesday, news, crime, notify.

Press release:

Cold Case Tuesday

New York State Police in Batavia continue to investigate the 1983 homicide of a Florida woman found in Orleans County.

On Oct. 29, 1983, a body was found by a hunter off of Route 63 in the Iroquois National Wildlife Refuge, in the Town of Shelby. The victim was found several feet off the shoulder of the roadway, in a severely decomposed state, and is believed to have been there for several months.

 /p>

In 1984, the Center of Human Identification was used by the New York State Police to make a facial reconstruction from the remains (pictured above). This was done to make a facial render to give the public a possible identity to compare and also render sketches.

In October of 2013, the body was exhumed and DNA testing was done. The victim was identified as Shari Lynne Ball.

Ball was reported missing by her family in June of 1983 to the Palm Beach County Sheriff’s Office in Florida. She had told her family that she was going to New York State with an unknown friend to pursue a modeling career.

At the time of her disappearance, Ball was living in Boca Raton, Fla., was a 20 year old white female, 5’ 4”, 100 pounds, with hazel eyes and blond hair. Ball was also known to use the last name of Timmerman.

Anyone with information regarding this investigation is asked to contact the New York State Police Bureau of Criminal Investigation in Batavia by calling 585-344-6200. Please refer to SJS # 3032334.

December 17, 2019 - 1:01pm
posted by Howard B. Owens in crime, batavia, news, notify.
plushdozierdoubmug2018120.jpg
     Plush Dozier

A Batavia man awaiting trial on arson and attempted murder charges was arraigned on a new criminal complaint stemming from his alleged behavior while in custody since his arrest in June 2018.

Plush Dozier has been indicted on counts of criminal mischief in the second degree and criminal mischief in the third degree.

It's alleged that on Aug. 4, 2018, he kicked out a plate of glass in a holding cell at the Genesee County Jail, which caused more than $5,000 damage. He's also accused of causing more than $250 of damage to a Sheriff's Office patrol vehicle on Aug. 20, 2018.

Dozier is being held without bail for allegedly setting fire to a house on Maple Street in the city with the intent of killing his girlfriend on June 15, 2018.

While awaiting his criminal proceedings, Dozier has been housed at least some of the time in solitary confinement at Attica Correctional Facility.  

In September, the Commissioner of Mental Health determined that Dozier is mentally fit to stand trial. He is expected to go to trial the week of March 16.

See previous coverage:

December 16, 2019 - 5:20pm
posted by Howard B. Owens in crime, batavia, news, notify.
moynihanthomas2019.jpg
   Thomas Moynihan

A 44-year-old State Street man admitted in court to stealing $344.50 from the Days Inn in Batavia in October, but as part of a plea deal may with have an opportunity to enter a judicial diversion program.

It will be up to Judge Charles Zambito to decide whether Thomas P. Moynihan can enter a substance abuse program following a report by probation officials to determine his potential eligibility for the program.

Moynihan is due back in court Jan. 3 to hear Zambito's decision.

If Moynihan successful completes the program, his felony charge could be reduced and he would be eligible for probation with no jail time.

If he doesn't successfully complete the program, he would be looking at a prison term of two to seven years.

Moynihan has no prior prison record.

He was arrested by Batavia PD after he went into an area designated for employees at the Days Inn, confronted an employee, demanded money, and then fought with the employee before fleeing.

The employee was not hurt in the incident.

Today he entered a guilty plea to robbery in the third degree.

December 16, 2019 - 4:39pm
posted by Howard B. Owens in crime, batavia, news, notify.
dustinboguemug.jpg
      Dustin Bogue

A 37-year-old transient with roots in Batavia will spend 12 and a half years in prison for his first-degree robbery of the Speedway at 204 W. Main St. in September.

Dustin Wayne Bogue was also charged with criminal possession of a weapon and criminal possession of stolen property.

He entered the Speedway at 1:51 p.m. Sept. 14 and Batavia PD responded to a report of a robbery. He was later arrested following an investigation. 

Under terms of a previous plea agreement, the maximum sentence Bogue faced was 15 years. He could have gotten a minimum of 10 years. District Attorney Lawrence Friedman said Judge Charles Zambito decided to split in half the maximum statutory time of 25 years, which is how he arrived at 12 and a half years.

Bogue has previously served prison terms for unauthorized use of a vehicle, second-degree assault, and criminal contempt.

His father, Lewis W. Bogue Jr., was convicted in Genesee County Court in 1995 of rape and sodomy (Dustin Bogue was not the victim). Zambito, according to Friedman, said he realized Bogue had a rough childhood but he said that was no excuse before imposing the prison term.

December 13, 2019 - 2:37pm
posted by Billie Owens in crime, news, notify, Oakfield, batavia, Le Roy, corfu.

Edward C. Simmons, 33, of Applegate Drive, Medina, is charged with: second-degree burglary -- illegal entry into a dwelling; fourth-degree grand larceny -- a rifle; and grand larceny -- property value greater than $1,000. Simmons is accused of breaking into a residence on Sept. 16 on East Shelby Road in Oakfield and stealing a 22-caliber Remington rifle and other property valued at $1,000 or more. Following an investigation, he was arrested on Dec. 9 and arraigned in Oakfield Town Court. He was then released on his own recognizance and is due back in court at 6 p.m. on Jan. 6. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus.

Melody McMaster, 48, of Washington Avenue, Batavia, is charged with second-degree criminal contempt. McMaster was arrested on Dec. 9 at an apartment on Chestnut Street in Batavia for allegedly violating an order of protection by being in the protected party's residence at 11:17 a.m. She was issued an appearance ticket and is due in Batavia City Court on Dec. 24. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Brandon Gene Rindell, 38, of West Main Street, Corfu, is charged with aggravated driving while intoxicated -- a BAC of .18 percent or more, and DWI. On Dec. 12 at 7:33 p.m., Rindell was arrested after his vehicle was involved in a motor-vehicle accident in the Village of Corfu. He was released on appearance tickets and is due in Village of Corfu Court on Dec. 16. The case was handled by Genesee County Sheriff's Deputy David Moore.

Mellanie Golamb, 36, of Folkestone Lane, Penfield, is charged with: aggravated driving while intoxicated -- a BAC of .18 percent or more; DWI; criminal possession of a controlled substance in the seventh degree; moving from lane unsafely; and failure to notify the DMV of an address change. On Dec. 10 at 7:33 a.m., the dispatch center received a call of a vehicle being operated irratically. Following a traffic stop on Stephen H. Hawley Drive in the Town of Batavia, standard field sobriety tests were performed. Golamb was arrested and processed at the Genesee County Jail. She was released on appearance tickets and is due in Batavia Town Court on Dec. 19. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Chad Cummings. Deputy Lonnie Nati also assisted along with Genesee County Corrections officers.

Karen M. Lau, 54, of North Spruce Street, Batavia, is charged with aggravated driving while intoxicated  -- a BAC of .18 percent or more, and DWI. She was arrested at 8:16 p.m. on Nov. 30 on East Main Street in Batavia after she was allegedly found sleeping in the driver's seat of her vehicle parked in the parking lot of a business. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Cronmiller.

Angelo James Voltura, 24, of Meiser Road, Corfu, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving a motor vehicle while intoxicated; speed not reasonable or prudent; and failure to keep right. Following the investigation of a single-vehicle accident at 1:41 a.m. on Dec. 11 on Pratt Road in the Town of Batavia, Voltura was arrested. He was arraigned in Town of Batavia Court and released on appearance tickets. He is due to return to court on Dec. 23. The case was handled by Genesee County Sheriff's Deputy Kenneth Quakenbush, assisted by Deputy James Stack.

Kyle J. Schroeder, 23, of Telephone Road, Le Roy, is charged with petit larceny. He was arrested following a shoplifiting incident at 9:09 a.m. on Dec. 8 at a business on East Main Street in the City of Batavia. Schroeder is accused of taking an item out of the packaging while at a business and attempting to conceal that item while continuing through the store. He was issued an appearance ticket and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Mitchell Cowen.

December 13, 2019 - 12:04pm
posted by Alecia Kaus in crime, news, notify, batavia.
quinton_edmonds_mugshot2019120.jpg
    Quinton Edmonds

Quinton J. Edmonds, 31, of Rochester, appeared in Genesee County Court on Thursday afternoon, along with his attorney Fred Rarick, for a hearing on motions to suppress evidence in the case against him.

Edmonds is currently being held without bail at the Genesee County Jail on a second-degree murder charge in the death of 43-year-old Michael Paladino.

On June 1 at about 12:45 a.m., Edmonds was allegedly involved in a physical altercation with a female on the sidewalk near 5 and 7 Ross St. in the City of Batavia.

Paladino heard the argument and attempted to intervene. A physical altercation then ensued between Paladino and the suspect. During the altercation, Paladino sustained life-threatening injuries.

On Oct. 30th, Edmonds refused to appear in County Court, Rarick apologized to Judge Charles Zambito and scheduled a suppression hearing in his absence.

During today’s hearing, Rarick argued that police did not have probable cause to detain Edmonds and that the “Show Up” procedure was very suggestive.

“Based on the information I was provided -- black male, black and white shirt -- that’s all they had when they detained him,” says Rarick.

District Attorney Larry Friedman called Sgt. Dan Coffey to the stand during the hearing to explain how the incident unfolded at 5-7 Ross St.

Coffey told the court there was a report of a disturbance and a subject down and a subject who possibly had a gun. When police arrived on scene, the victim, Paladino, was located in an enclosed entryway in a pool of blood, unresponsive and seriously injured. The suspect was described by a witness as a black male wearing a colorful shirt, colors of the American flag, Coffey told the court. A second witness said the suspect was walking south, headed toward East Main street with a knife in his hand.

Officer Mitch Cowen had spotted a vehicle turning off of Ross street headed west on East Main and pulled it over; he was in the process of interviewing the two female subjects in the Richmond Library parking lot when there was a visual sighting of the suspect who was on foot. Both female subjects in the vehicle then identified the suspect as they were on Ross Street during the disturbance.

Coffey then told the court that when he approached the Richmond Library parking lot, the suspect was lying on the ground in handcuffs. Coffey then walked the suspect back to his police vehicle at 5-7 Ross St. and placed him in the backseat of the vehicle.

Both witnesses on Ross Street subsequently confirmed that Edmonds was the suspect involved after a “Show Up,” where the witnesses were able to get a look at the suspect in the back of Sgt. Dan Coffey’s police vehicle. Coffey opened the rear door of his police vehicle and shined a flashlight on the suspect who was handcuffed. The witnesses were about 7-10 feet from the suspect.

Sgt. Coffey was wearing a bodycam during the incident and the first 21 minutes of the video was submitted as evidence.

Rarick then questioned if the witnesses watched Sgt. Coffey put the suspect into his police vehicle and if the City of Batavia Police had a policy or procedure for “Show Up” identifications.

Sgt. Coffey says the department does have a policy and procedure and it was followed that night. Rarick then asked why the suspect was not taken back to Batavia Police headquarters for a lineup.

Sgt. Coffey advised Rarick that the Batavia Police Department does not do lineups. Coffey says he wanted to make sure the right person was detained at the scene. Rarick argued that the witnesses did not get a full-body view of the suspect from the rear of the car, just his face.

No blood was on the suspect and a weapon was never recovered.

District Attorney Larry Friedman told the court that Edmonds met the description, was in close proximity to the scene and he left the scene on foot.

“This was an appropriate “ShowUp,” Friedman said.

After learning of the two primary witnesses who identified Edmonds in the vehicle that was pulled over in the Richmond Library parking lot, Rarick says he probably would not have requested a suppression hearing. Rarick says he was not provided with their statements in discovery.

“Under the new discovery guidelines, they would have had to give me all those statements by the ladies that were in the car with him, saying 'that’s the guy that did it,' that’s nowhere in any of the reports. Had the District Attorney come forward with all this stuff, there would have been no need for a suppression hearing,” says Rarick.

Judge Zambito reserved his decision, will review the evidence and will advise of his decision at Edmonds’ next court appearance at 1:30 p.m. on Jan. 3.

December 10, 2019 - 3:18pm
posted by Billie Owens in crime, news, notify, batavia.

Brian Lee Crockett, 39, of Woleben Road, Portland, is charged with petit larceny. At 1:48 a.m. on Dec. 7 Crockett was arrested after he allegedly stole various gift cards valued at $225 from a Christmas party at a hotel on Park Road in Batavia. Crockett was apprehended and arrested in his hotel room and the Genesee County Sheriff's Office alleges he had the stolen property in his possession at the time of his arrest. Crockett was issued appearance tickets and is due in Batavia Town Court on Dec. 19. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun.

Nicholas J. Durkin, 38, of Drullard Avenue, Lancaster is charged with fourth-degree grand larceny and third-degree grand larceny. Durkin was arrested on Dec. 5 while he was at Batavia City Court on another matter. He was arraigned there on the charges at 11:20 a.m. It is alleged that on June 19 on Washington Avenue in the city that Durkin took $4,900 ti perform HVAC work at a local business. After receiving payment, it is alleged that he never completed the work. The case was handled by Batavia Police Officer Kevin DeFelice.

Nicholas A. Gaudy, 27, of Summit Street, Batavia, is charged with aggravated driving while intoxicated -- a BAC of .18 percent or more, DWI, and refusing to take a roadside breath test. Gaudy was stopped at 11:51 a.m. on East Main Street in Batavia following a civilian complaint. Gaudy was processed at Genesee County Jail and released on appearance tickets. Gaudy is due in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Teresa M. Stephenson, 30, of Cedar Street, Batavia, is charged with petit larceny. She was arrested following a complaint of larceny at a business on West Main Street in the City of Batavia at 3:10 p.m. on Dec. 5. Stephenson was released on appearance tickets and is due in Batavia City Court on Dec. 17. The case was handled by Batavia Police Officer Felicia DeGroot.

December 10, 2019 - 1:10pm
posted by Billie Owens in batavia, crime, news.

From the City of Batavia Police Department:

The Batavia Police Department has received multiple complaints of vehicle thefts, and larcenies from vehicles over the past couple weeks.

With the Holidays upon us, the Batavia Police Department would like to remind our citizens:

  • Lock your doors/vehicles;
  • Do not leave important items in your vehicle (wallets, presents, IDs, money, etc.);
  • Don’t leave your keys in your vehicle when you’re not using it;
  • Don’t “run in quick” and leave your keys in the ignition with the vehicle running -- It’s Illegal!
  • If you are taking your vehicle to the mechanic after hours, make sure they have a secure “Drop Box” for your keys;
  • Be aware of NYS VTL - 1210; Unattended motor vehicle: (a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the vehicle…”

The Batavia Police Department can be reached at 585-345-6350, the confidential tip line at 585-345- 6370 or online here.

December 8, 2019 - 2:02pm
posted by Howard B. Owens in crime, batavia, news, notify.
terrancefalkmug2019.jpg
        Terrance Falk

A 21-year-old Rochester man with ties to Batavia is charged with gang assault and harassment in connection with an incident on Highland Park on Oct. 4.

The Batavia Police Department released information on the arrest today.

A codefendant in the case, Riley Mayer, 21, of Batavia, pled guilty in Genesee County Court on Thursday to a charge of assault, 2nd

A third suspect has not yet been charged, according to District Attorney Lawrence Friedman. 

The victim in the attack allegedly suffered serious injuries.

Falk was arrested in October and arraigned Oct. 7 and ordered held on $5,000 bail or $10,000 bond. There is no information immediately available on his current bail status.

Falk's current address is on Woodsmeadow Lane in Rochester.

He reportedly lived in Batavia in August 2018 when he was charged with disorderly conduct and harassment at a concert at Darien Lake. He reportedly lived in Brighton in September 2015 when he fought with a guard in the Genesee County Jail. In December 2014, he was accused of damaging property in Le Roy. There's no information immediately available on the disposition of those cases.

December 6, 2019 - 1:38pm
posted by Howard B. Owens in crime, New, notify, batavia, bergen, Amber Alert.

Guillermo Torres-Acevedo, 23, of Batavia, pled guilty today in Genesee County Court to one count of second-degree rape. Other charges against him were dropped as part of a plea agreement.

He admitted to being a person over the age of 18 and having sexual intercourse with a person under age 15 in the Town of Batavia sometime between Nov. 15th and the 26th in 2018.

The maximum possible sentence the Puerto Rico native could receive is six years in prison, with 10 years of parole afterward.

Torres-Acevedo will be sentenced on Feb. 18 in Genesee County Court, after he is first sentenced in Federal Court in Buffalo on Feb. 13.

On Wednesday, Torres-Acevedo pled guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor, a 14-year-old Bergen girl, to travel across state lines to engage in criminal sexual activity. 

There is no promise of concurrency in county court with the federal sentence, which ranges from six and a half to up to 20 years in prison. The federal penalty could also include a fine of up to $250,000.

The defendant was arrested on Nov. 26, 2018 in Genesee County and charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

Following his arrest, the defendant persuaded the victim to travel with him out of state to continue their relationship. On Nov. 29, 2018, Torres-Acevedo picked up the girl from school in Genesee County and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.

December 6, 2019 - 11:11am
posted by Howard B. Owens in crime, news, Pavilion, notify.

A 22-year-old North Chili man who was found sleeping in a car in Pavilion in May, along with a woman and a with a cache of apparently stolen items, is being released from jail under terms of the state's new bail reform law while awaiting sentencing after his guilty plea in Genesee County Court on Thursday.

Daniel Lewis entered a guilty plea to criminal possession of stolen property in the fourth degree as a second felony offender and faces a minimum prison sentence of one and a half to 3 years and a maximum sentence of two to four years.

He admitted to possession of a stolen debit card.

After his guilty plea, his assigned attorney, Fred Rarick, asked Judge Charles Zambito to consider releasing Lewis under supervision of Genesee Justice since he will become eligible for such a release Jan. 1 under terms of New York's new bail reform law. 

District Attorney Lawrence Friedman made sure Zambito was aware that Lewis has a prior probation violation and a prior parole revocation. 

After confirming that Lewis has a place to live if released -- his father's house -- and instructing Lewis to submit to a substance abuse evaluation and abide by any recommendations for treatment, Zambito agreed to release him under supervision.

Lewis is eligible for parole supervision at sentencing and Zambito told Lewis his ability -- or inability -- to follow instructions regarding evaluation and treatment will be a factor in his decision at sentencing.

Lewis was arrested May 27 when Deputy Ryan Young was dispatched to Peoria Road in Pavilion for a report of a disabled or abandoned vehicle. Young found Lewis and Stormy Watts, 21, of Stafford, sleeping in the back seat. They told Young they were waiting for a time to call somebody to come and bring them gas.

Upon further investigation, Young found numerous items that appeared to have been stolen from vehicles inside the car with Lewis and Watts.

Both were arrested.

According to Friedman, Watts took a plea on Tuesday (Dec. 3) to criminal possession of stolen property in the fifth degree. She will be sentenced at a later date.

Young also reportedly found a firearm in the vehicle and Lewis was charged with criminal possession of a weapon as a convicted felon. That charge was subsequently dropped in connection with the plea agreement, Friedman confirmed for Zambito yesterday.

December 6, 2019 - 8:21am
posted by Howard B. Owens in crime, news, batavia.
rileymayermug2019.jpg
          Riley Mayer

A 21-year-old Batavia resident entered a guilty plea in Genesee County Court on Thursday to a single count of assault in the second degree for his part in an attack on a victim on Highland Parkway in October.

Riley B. Mayer, of South Main Street, was initially charged with gang assault since two other people were also suspected of participating in the assault. One other person has been charged and charges are pending against a third suspect, District Attorney Lawrence Friedman said.

The plea came with no conditions on a possible sentence, and under statute Mayer faces up to seven years in prison.

The victim in the attack allegedly suffered serious injuries in the Oct. 4 attack.

Mayer will be sentenced at a later date.

December 5, 2019 - 5:20pm
posted by Billie Owens in bergen, crime, news, notify.

File photo and press release:

U.S. Attorney James P. Kennedy Jr. announced Wednesday (Dec. 4) that Guillermo Torres-Acevedo, 23, of Batavia, pled guilty before Chief U.S. District Judge Frank P. Geraci Jr. to enticing a minor to travel to engage in criminal sexual activity.

The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.

Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on Nov. 25, 2018, the defendant, then a 22-year-old man, had sexual relations with a 14-year-old girl. Torres-Acevedo was arrested the following day for, among other charges, rape in violation of New York Penal Law.

Following his arrest, the defendant persuaded the victim to travel with him out of state to continue their relationship. On Nov. 29, 2018, Torres-Acevedo picked up the girl from school in Genesee County and drove her to Pennsylvania, where they had sexual intercourse. Under Pennsylvania law, that constituted the crime of statutory sexual assault.

The plea is the result of an investigation by: the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron Jr.; the New York State Police, under the direction of Major Eric Laughton; the Pennsylvania State Police, under the direction of Commissioner Lieutenant Colonel Robert Evanchick; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.

Sentencing is scheduled for Feb. 13 before Judge Geraci.

 Editor's Note: Torres-Acevedo also faces charges in Genesee County Court and a plea deal is expected in the case, which is on the court calendar for 11:30 a.m. tomorrow (Dec. 6). Torres-Acevedo is charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

December 5, 2019 - 2:53pm
posted by Billie Owens in batavia, crime, news, notify.

Robert D. Griffin, 41, of State Street, Batavia, is charged with: two counts of first-degree criminal contempt; second-degree burglary; and endangering the welfare of a child less that 17 years old. Griffin was arrested and arraigned Tuesday morning (Dec. 3) after an arrest warrant was issued for him by Batavia City Court. It stems from a domestic incident reported at 7:54 p.m. on Nov. 11 on Manhattan Avenue in Batavia. He was jailed without bail and was due back in court this afternoon (Dec. 5). The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Shane H. Zimblis, 48, of South Swan Street, Batavia, is charged with first-degree criminal contempt, fourth-degree criminal mischief, and second-degree unlawful imprisonment. At 11:43 p.m. on Dec. 2, Batavia police responded to a South Swan Street residence for a possible physical domestic incident. Zimblis was arrested on the charges after allegedly violating an order of protection during a physical altercation. He was arraigned in Batavia City Court and jailed without bail. He was due back in court this afternoon (Dec. 5). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Christopher P. Thomas, 35, of State Street, Batavia, was arrested on a bench warrant on Tuesday (Dec. 3) after failing to appear in Batavia City Court on Nov. 22 for an unspecified matter. He was arraigned in Batavia City Court at 1:40 p.m. and released. The case was handled by Batavia Police Officer Stephen Quider.

December 3, 2019 - 4:31pm
posted by Billie Owens in batavia, crime, news, notify, corfu, bergen, Le Roy.

Jerrol Paul Newell, 50, of East Main Street, Corfu, (photo above) is charged with: three counts of second-degree strangulation (Class D felonies); unlawful imprisonment in the first degree (Class E felony); and two Class A misdemeanors -- second-degree menacing -- displaying a weapon or dangerous instrument, and third-degree assault. At 7:50 a.m. on Nov. 29, Newell was arrested after the Genesee County Sheriff's Office investigated a domestic incident that occurred on East Main Street in the Village of Corfu. He was arraigned in Pembroke Town Court and put in Genesee County Jail with bail set at $50,000 cash. The case is still under investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Ryan DeLong. The Sheriff's Office was assisted by members of the Corfu Police Department, the Wyoming County Sheriff's Office and the New York State Police.

Mark T. Helm, 38, of State Street, Batavia, (inset photo left) is charged with second-degree assault and endangering the welfare of a child. Helm was arrested at 9:41 p.m. on Nov. 24 on State Street after allegedly striking a person, causing serious physical injury, all while in front of four children. Helm was arraigned in Batavia City Court and jailed without bail. He was due back in city court on Nov. 26. The case was investigated by Batavia Police Officer Joshua Girvin, assisted by Officer Wesley Rissinger.

Kiha S. McNear, 22, of Lake Street, Le Roy, (inset photo right) is charged with: criminal mischief -- intentionally damaging property; second-degree criminal contempt; aggravated criminal contempt -- previous conviction; and second-degree burglary -- illegally entering a dwelling. McNear was arrested at 9:35 p.m. on Nov. 25 at a resident on Walnut Street in the City of Batavia. He allegedly entered the residence of a person who has an order of protection against him and damaged some of the person's property. He was arraigned in Batavia City Court on Nov. 26 and is due back in court on Dec. 5. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Miah Stevens.

Above photo taken after the arrest of Colby J. Swain, courtesy of NYS Police -Troop A, Batavia.

Colby J. Swain, 34, of Amherst, was arrested Nov. 30 by New York State Police and charged with criminal possession of a weapon in the second degree ("loaded firearm other than a person’s home"), a Class C felony, and criminal possession of marijuana in the third degree, a Class E felony. Swain was stopped at 1:45 p.m. on I-90 in the Town of Batavia for a vehicle and traffic violation. During the interview, troopers determined there was "probable cause to search the vehicle." A duffle bag which was locked with a combination lock was located inside the vehicle. Swain allegedly refused to cooperate with the investigation, which result in the troopers obtaining a search warrant for the bag. "Inside the bag that Swain claimed ownership of, was over 11 ounces of marijuana and a loaded Smith and Wesson M&P .45-caliber pistol with an 8-round magazine" (in photo above). Swain did not possess a pistol permit. Swain was arraigned before the Town of Batavia Court and released under the supervision of Genesee County Probation. No return court date is available at this time.

Justin P. Mcgirr, 37, of Ross Street, Batavia, and Jeremiah T. Jones, age and address not provided, are charged with disorderly conduct by way of fighting/violent behavior. They were arrested on Ross Street after they were allegedly observed in a physical fight by police at 1:07 p.m. on Nov. 23. They were issued appearance tickets and were due in Batavia City Court at 1 p.m. today (Dec. 3). The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Quider.

Jonathan Brice White, 27, of Buffalo Street, Bergen, is charged with second-degree criminal contempt. White was arrested at 3:15 p.m. on Nov. 13 after he allegedly repeatedly violated a full stay away order of protection by contacting the protected party. After his arraignment in Batavia City Court, he was jailed on $1,000 bail, cash or bond. He was due back in city court Nov. 26. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

Raylynne M. Santiago, 20, of Walnut Street, Batavia, is charged with harassment and obstruction of governmental administration. Batavia Police Officer Peter Post arrested Santiago following a domestic incident reported at 12:50 a.m. on Nov. 24 in the vicinity of Jackson and Maple streets in the city. She was due in Batavia City Court at 1:30 p.m. today (Dec. 3). Post was assisted by Officer Stephen Cronmiller.

Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with trespassing. He was arrested after a trespass complaint was made at 11:35 a.m. on Nov. 20 at the Richmond Memorial Library on Ross Street in the city. He was due in Batavia City Court this afternoon (Dec. 3) to answer the charge. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Ross D. Rahn, 24, of Main Street, Le Roy, is charged with: stopping on a highway; moving from lane unsafely; and driving while ability impaired. At 1:28 a.m. on Dec. 2, Batavia police responded to a call of a vehicle parked crossways across the roadway on West Main Street near Vernon Avenue in the city. Rahn was subesquently arrested, issued appearance tickets, and is due in Batavia City Court on Dec. 18. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Zachary J. Marrow, 28, of Manhattan Avenue, Batavia, is charged with aggravated driving while intoxicated -- a BAC of .18 percent of more, and DWI -- first offense. Marrow was arrested at 12:31 a.m. on Nov. 16 on East Main Street in Batavia. He is due in Batavia City Court on Dec. 11. The case was handled by Bataiva Police Officer Miah Stevens, assisted by Officer Arick Perkins.

Gregory F. Frieday, 34, of Osterhout Avenue, Batavia, is charged with fourth-degree criminal mischief, a misdemeanor. On Nov. 17, Genesee County Sheriff's deputies responded to a complaint of criminal mischief for a broken exterior window at Batavia Downs. Following an investigation, it is alleged that Frieday broke an exterior window on the south side of the building. He was issued an appearance ticket and is due in Town of Batavia Court on Dec. 19. The case was handled by Deputy Brock Cummins, assisted by Deputy James Stack.

Melynda M. Gayhart, 31, of Hutchins Street, Batavia, was arrested on Nov. 25 on a bench warrant out of Batavia City Court. This stems from a larceny incident which occurred on Feb. 17 on East Main Street in Batavia. After her arraignment in city court, she was released and is due back in court on Dec. 5. The case was handled by Batavia Police Officer Nicole McGinnis.

December 2, 2019 - 6:30pm
posted by Billie Owens in crime, news, notify, Grand Jury, batavia, bergen, Oakfield, Alabama, Le Roy.

Donald J. Frisby is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on July 14 on Clay Street in the Town of Le Roy that Frisby subjected another person to sexual contact by forcible compulsion.

Morgan L. Cox Jr. is indicted for the crime of menacing a police officer, a Class D violent felony. It is alleged that on Sept. 28 in the City of Batavia that Cox intentionally place or attempted to place a police officer in reasonable fear of physical injury or serious physical injury or death by displaying a knife while the officer was performing his duties. In count two, Cox is accused of first-degree menacing, a Class E felony, for allegedly intentionally placing another person in fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a knife. In count three, Cox is accused of criminal possession of a weapon in the third degree, a Class D felony, for allegedly intentionally using a dangerous instrument -- a knife -- against another person. In count four, Cox is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count four that Cox intentionally obstructed, impaired or prevented a public servant from performing his duties, or tried to do so, by means of intimidation, physical force or interference or an unlawful act. In Special Information filed by the District Attorney, Cox is accused of having been convicted of second-degree menacing, a Class A misdemeanor, in the City of Batavia (date not provided) and that conviction forms the basis of counts two and three in the current indictment.

Steven M. Lindner is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 18 in the City of Batavia that Lindner knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the third degree, also a Class B felony. It is alleged in count two that the defendant possessed a narcotic drug -- fentanyl -- with intent to sell it. In count three, Lindner is accsued of criminal possession of a controlled substance in the fifth degree, a Class D felony, for allegedly possessing cocaine in an amount weighing 500 milligrams or more. In counts four and five, respectively, the defendant is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing controlled substances unlawfully -- fentanyl and alprazolam. In count six, he is accused of unlawful possession of marijuana in the second degree, a violation.

Carey Culverhouse is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on Sept. 2, 2017 in the City of Batavia that Culverhouse intentionally seriously injured another person by means of a dangerous instrument -- a knife.

Dalton C. Kelly is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Sept. 18 on Chase Park in the City of Batavia that Kelly intentionally caused physical injury to another person by means of a dangerous instrument (not specified). In count two, Kelly is accused of second-degree menacing, a Class A misdemeanor, for allegedly intentionally placing a person in reasonable fear of physical injury, serious physical injury or death, or attempting to do so, by displaying a dangerous instrument (unspecified).

Kevin J. Weber is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Sept. 19 on Judge Road in Alabama that Weber intentionally caused serious physical injury to another person. In count two, he is accused of third-degree menacing, a Class B misdemeanor, for allegedly placing, or attempting to place, a person in fear of death, imminent serious physical injury or physical injury by means by physical menace.

Shonje K. Jefferson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 27 in the City of Batavia that Jeffereson knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, Jefferson is accused of unlawful possession of marijuana in the second degree, a violation.

Darius L. Jones and Trevon L. Armstrong are indicted for the crime of criminal possession of a weapon in the second degree, a Class C armed violent felony. It is alleged that on Oct. 2 in the City of Batavia that they possessed a loaded firearm, an Amadeo Rossi .38-caliber revolver. In count two Jones and Armstrong are accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that on Oct. 2 they intentionally disobeyed or resisted the lawful process or mandate of a court. In count three, they are accused of endangering the welfare of a child for allegedly knowingly acting in manner likely to be injuious to the physical, mental or moral welfare of a child less than 17 years old. In count four, they are accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing acetaminophen / oxycodone hydrochloride. In count five, they are accused of unlawful possession of marijuana, a violation. In count six, Jones is accused of exposure of a person, a violation, for allegedly appearing in a public place in a manner that exposed his body's private parts.

Louis C. Restivo is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on July 13 in the Town of Bergen that Restivo intentionally caused physical injury to another person by means of a dangerous instrument (unspecified).

Jon N. Roblee is indicted for the crime of menacing in the first degree, a Class E felony. It is alleged that on Sept. 29 in the City of Batavia that Roblee intentionally placed another person in fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a metal pipe. In count two, Roblee is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count two that he intentionally obstructed, impaired or prevented a public servant from performing his duties, or tried to do so, by means of intimidation, physical force or interference or an unlawful act. In Special Information filed by the District Attorney, Roblee is accused of having been convicted of the crime of second-degree menacing, a Class A misdemeanor, on Nov. 7, 2011 and that conviction was within 10 years of the crimes alleged in the current indictment.

Ernest D. Lane is indicted for the crime of aggravated family offense, a Class E felony. It is alleged that on April 8 at an apartment on Ellicott Street in the City of Batavia that Lane that intentionally disobeyed or resisted the lawful process or mandate of a court -- a valid stay away order of protection issued March 28 in Batavia City Court. He did so by allegedly being at the home of the protected party. In count two, Lane is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly being at the home of the protected party that day. In Special Information filed by the District Attorney, Lane is accused of having been convicted of the crime of third-degree menacing against members of the same household and a special offense because the conviction was within the last five years -- on Jan. 18, 2018.

Katrina L. Gerace is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 3 in the Town of Elba that Gerace drove a 2012 Mini Cooper on Route 262 while intoxicated. In count two, Gerace is accused for aggravated DWI per se, also a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In Special Information filed by the District Attorney, Gerace is accused of having been convicted of driving under the influence or alcohol or a controlled substance, as a misdemeanor, "Highest Rate of Alcohol .16 percent BAC or higher," on Dec. 8, 2014 in the Court of Common Pleas of Erie County, Pa., and that conviction was within 10 years of the crimes alleged in the current indictment.

Jay W. Schafer is indicted for the crime of criminal possession of a firearm, a Class E felony. It is alleged that on June 19 in the City of Batavia that Schafer possessed a Smith and Wesson, Model 10, .38-caliber Special revolver.

Adam M. Kreutz is indicted for the crime of offering a false instrument for filing in the first degree, a Class E felony. It is alleged that at an address on Fisher Road in Oakfield on June 22 that Keutz presented a supporting deposition to a public servant, knowing that the document contained a false statement or false information and that it would become part of the official records. In count two, he is accused of falsifying business records in the first degree, also a Class E felony. It is alleged in count two that on June 22 at an address on Fisher Road in the Town of Oakfield that he intentionally tried to defraud or make a false entry in the business records of an enterprise. This was allegedly done by providing a supporting deposition that attempted to conceal the commission of reckless driving.

November 29, 2019 - 1:52pm
posted by Billie Owens in crime, news, notify, batavia, bergen.

Daniel John Wolfe, 46, of Liberty Street, Batavia, is charged with criminal contempt in the second degree. It is alleged that on Nov. 25 while housed in Genesee County Jail, Wolfe made two phone calls to a protected party in violation of an order of protection. He was arrested on the charge on Nov. 28 and issued an appearance ticket. Wolfe is due in Batavia City Court at 1 p.m. on Dec. 10. The case was investigated by Genesee County Sheriff's Deputy Chad Cummings.

Sean Michael Crowe, 30, of Cook Road, Bergen, is charged with: driving while intoxicated with a BAC of .08 percent or more with a previous conviction within 10 years; DWI with a previous conviction within 10 years; and having an uninspected motor vehicle. Crowe was arrested at 12:59 a.m. Nov. 28 on South Lake Avenue in Bergen following a traffic stop for an uninspected motor vehicle. Crowe is due in Bergen Town Court on Dec. 4. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Sgt. Jason Saile.

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