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June 24, 2019 - 2:17pm
posted by Lauren Leone in batavia, crime, news.

Derek E. Wilcox, of Congress Avenue, Rochester, (inset photo right) pled not guilty in Genesee County Court today of drug charges against him.

At his arraignment, his attorney Marshall Kelly said his client pleads not to: criminal possession of a controlled substance, 3rd, a Class B felony; and criminal use of drug paraphernalia, 2nd, a Class B misdemeanor.

On March 27, law enforcement allegedly found 56 bags of crack cocaine at a house on Liberty Street, Batavia. Wilcox was one of five individuals arrested as a result a joint investigation a result of a joint investigation by the Probation Department, Child Protective Services, and the Local Drug Task Force.

Wilcox’s $20,000 bail bond was also continued by Judge Charles Zambito.

Oral arguments for Wilcox's case will begin at 9 a.m. Aug. 26 at the Genesee County Courthouse.

June 23, 2019 - 12:14pm
posted by Billie Owens in crime, news, notify, batavia, Stafford, Bethany.

Crystal Lynn Kiebzak, 37, of Main Street, Wyoming, is charged with second-degree reckless endangerment. On June 22 at a campground on Francis Road in Bethany, Kiebzak was arrested at 7:35 p.m. following the investigation of a child who was resuscitated after drowning in a pool. She was arraigned in Bethany Town Court and issued an appearance ticket for 7 p.m. July 16 in Bethany Town Court. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Kyle Krzemien.

David George Morgan, 65, of Roanoke Road, Stafford, is charged with second-degree menacing. He was arrested at 6:56  p.m. on June 20 on Roanoke Road in Stafford. It is alleged that he intentionally placed an individual in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a screwdriver. He was arraigned in Stafford Town Court and released under supervision. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Sgt. Andrew Hale.

Duane Kenneth Miller, 54, of Linwood Avenue, Warsaw, is charged with illegal use of toxic vapors. Following an investigation into a subject allegedly huffing in the Walmart parking lot in Batavia, Miller was arrested at 12:45 p.m. on June 21. He was released on an appearance ticket and is due in Batavia Town Court on July 8. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Ryan Young.

June 21, 2019 - 4:30pm
posted by Lauren Leone in batavia, crime, news, notify.

Brandon Fogg agreed to a plea deal this afternoon in Genesee County Court after being charged with placing an individual at risk of serious injury or death -- in this case a Batavia police officer -- by displaying a BB gun on June 5.

The 32-year-old Batavia resident entered a guilty plea to first-degree menacing and faces one-and-a-third to four years in prison.

Batavia police officers first encountered Fogg after he trespassed at a location on Ellicott Street. Due to an illegal tire on Fogg’s vehicle as he drove away from the location, officers initiated a traffic stop.

According to police, Fogg attempted to flee the vehicle, but he was taken to the ground by Officer Darryle Streeter. Fogg then removed from his pocket what appeared to be a handgun during the struggle between himself and Streeter.  

A local citizen then came to the aid of Streeter by stepping on Fogg’s wrist, which caused him to drop the BB gun from his grasp. Streeter took Fogg into custody shortly afterward.

Judge Charles Zambito scheduled sentencing for 3:15 p.m. Aug. 1 at Genesee County Court.

June 20, 2019 - 7:05pm
posted by Howard B. Owens in crime, news, notify, Darien.

A Darien Center man today entered a guilty plea in Federal Court to one count of receipt of child pornography.

Alexander Seegar, 29, faces a minimum penalty of five years in prison, a maximum of 20 years, and up to a $250,000 fine following his guilty plea.

Seegar was accused of sexting -- sending or receiving sexual text messages -- to girls from 10 to 12 years old who were students in Niagara County while posing as a 16 or 17 year old boy.

According to prosecutor Stephanie Lamarque, Seegar used the Instagram profile “davidlissachi” to communicate with the girls and asked them for sexually explicit photos. Seegar also communicated with other minors between the ages of 10 and 15 and asked them to send him sexually explicit photos in exchange for pictures of male genitalia that he sent them.

The defendant was found in possession of numerous photos containing child pornography.

The plea is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, and the Lewiston Police Department, under the direction of Chief Frank Previte.

Sentencing is scheduled for Sept. 19 at 10:30 a.m. before Judge Frank Paul Geraci Jr.

June 20, 2019 - 5:38pm
posted by Billie Owens in news, Le Roy, scanner, crime.

Le Roy police are responding to 14 Summit St. for a criminal mischief complaint. A man called dispatch to report a group of juveniles "outside his house breaking glass bottles on the tennis courts."

June 20, 2019 - 2:29pm
posted by Billie Owens in crime, news, notify, batavia, Stafford.

Angel Ivan Carrasquillo, 43, of Lake Avenue, Rochester is charged with: third-degree burglary; third-degree criminal mischief; attempted grand larceny in the fourth degree; and petit larceny. Following an investigation into a burglary that occurred on Clinton Street Road in the Town of Stafford at 2:27 a.m. on May 2, Carrasquillo was arrested and arraigned in Batavia Town Court. He is currently being held in Genesee County Jail on a separate matter. The case was investigated by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Andrew Mullen. Also assisting were Sgt. John Baiocco, investigators Chris Parker and Chad Minuto, and members of the NYS Police.

Jay W. Schafer, 26, of Walnut Street, Batavia, is charged with criminal possession of a firearm. He was arrested at 2:15 a.m. on June 19 after an incident at his residence. He was arraigned in Batavia City Court and jailed in lieu of $1,500 cash bail or $3,000 bond. He is due back in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Brandon L. Lucas, 35, of Manhatten Square, Rochester, is charged with aggravated unlicensed operation in the second degree and unlawful possession of marijuana. Lucas was arrested at 6:58 p.m. June 18 on Main Street following a traffic stop. He was found to be driving while his driver's license was suspended. He was arraigned in Batavia City Court and put in Genesee County Jail in lieu of $1,000 cash bail or bond. He was due to return to city court on June 19. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer James DeFreze.

June 18, 2019 - 5:16pm
posted by Howard B. Owens in news, crime, batavia.

suspect_photos01burglaryjune182019.jpg

Batavia PD is conducting a burglary investigation and is asking members of the public to help identify the people in these photos.

Residents with information can contact Det. Matthew Wojtaszczyk at (585) 345-6357, or call the confidential tip line at (585) 345-6370.

suspect_photos_02burglaryjune182019.jpg

June 18, 2019 - 2:49pm
posted by Billie Owens in crime, news, notify, batavia.

Morgan Lee Cox Jr., 27, of Bates Road, Medina, is charged with aggravated harassment in the second degree. He was arrested on June 15 for allegedly threatening over the telephone at 2:20 a.m. on June 14 to burn another person's house down who lives on Pearl Street Road in Batavia. He was released on an appearance ticket and is due in Batavia Town Court on June 24. The case was handled by Genesee County Sheriff's Deputy James Stack.

Nicole Jean Andrews, 37, of Boone Street, Buffalo, is charged with: third-degree burglary; possession of burglar tools; criminal tampering in the third degree; attempted petit larceny, and sixth-degree conspiracy. Jacquline M. Ross, no age or address provided, is charged with attempted petit larceny and sixth-degree conspiracy: At 3:04 p.m. on June 12, the GC Dispatch Center received a call of shoplifting in progress at a department store on Veterans Memorial Drive in Batavia. Following an investigation, the defendants were arrested. Andrews was arraigned in Batavia Town Court and jailed without bail. Ross was issued an appearance ticket and is due in Batavia Town Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Sgt. Andrew Hale and Investigator Chris Parker.

Herbert B. Gennis, 25, of Raymond Avenue, Batavia, is charged with second-degree harassment and endangering the welfare of a child. He is arrested at 12:58 p.m. on June 15 on Holland Avenue in Batavia, incident details not provided, and issued appearance tickets for June 25 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Malik I. Ayala, 27, of Holland Avenue, Batavia, is charged with petit larceny. He was arrested on June 14 for allegedly stealing items from a store on East Main Street in Batavia at 7:49 p.m. on April 9. He was issued an appearance ticket and is due in Batavia City Court on June 25. The case was handled by Batavia Police Officer Christopher Lindsay.

Alexandra R. Lasky, 29, of Seven Springs Road, Batavia, was arrested on a Batavia City Court warrant for failure to appear after she was located during a traffic stop in Monroe County on June 16. She was arraigned in Batavia City Court and jailed in lieu of $500 cash bail or bond. The case was handled by Batavia Police Officer Stephen Quider.

June 18, 2019 - 2:22pm
posted by Billie Owens in crime, news, Le Roy.

From the Le Roy Police Department:

The Le Roy Police Department wishes to remind all citizens to lock their vehicles when not in use, especially during the overnight hours.

This reminder comes as the Le Roy Police Department has seen an increase in larcenies from unlocked cars in the overnight hours over these past two weekends.

Larcenies have occurred on Wolcott Street, North Street and an attempted larceny occurred on Gilbert Street.

Anyone having information as to these larcenies or who has had a larceny but did not report it is asked to call the Le Roy Police Dispatch at 585-345-6350.

June 18, 2019 - 8:44am
posted by Howard B. Owens in crime, batavia, news, notify.
mug2019carolossamol.jpg
      Carlos Samol

A 54-year-old Batavia man has been accused of selling crack cocaine to agents of the Local Drug Task Force. 

Carlos "Sinbad" Samol, of Elm Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts criminal possession of a controlled substance, 3rd.

Samol was picked up Sunday morning on a sealed Grand Jury indictment by Batavia PD while they were investigating an unrelated matter.

The suspect allegedly sold a quantity of crack cocaine an undercover agent on two separate occasions.  

He was arraigned in County Court and jailed on $15,000 bail or $30,000 bond.

June 17, 2019 - 3:20pm
posted by Billie Owens in crime, news, notify, Le Roy, Darien, batavia.

Edward James Leddick, 23, of Cheektowaga, is charged with second-degree harassement. At 12:39 a.m. on June 17 Leddick was arrested following an argument on Fargo Road in the Town of Darien. It is alleged that during the arugment, Leddick struck a female in the nose and pushed her to the ground. He was issued an appearance ticket for Town of Darien Court on July 7. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Eric Duda, 46, of Prestige Crossing, Batavia, is charged with third-degree criminal mischief. At 11:20 p.m. on June 14, deputies responded to Prestige Crossing in the Town of Batavia for a reported criminal mischief complaint. After an investigation Duda was arrested. He allegedly damaged property valued at $300 that belonged to another person. He was issued an appearance ticket and is due in Town of Batavia Court on July 8. The case was handled by Genesee County Sheriff's Deputy Eril Andre, assisted by Deputy Andrew Mullen

Daniel Jon Lewis, 23, of Meadow Farm South, North Chili, is charged with second-degree assault. He was arrested on June 11 for an assault that allegedly occurred at 10:09 p.m. on June 10 while he was incaracerated in the Genesee County Jail. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail or bond. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Kelly James Rhim, 40, of Coven Street, Rochester, is charged with second-degree assault. He was arrested on June 11 for an assault that allegedly occurred at 9:49 p.m. on June 10 while he was incarcerated in the Genesee County Jail. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail or bond. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

June 17, 2019 - 1:40pm
posted by Howard B. Owens in darien lake, darien lake performing arts center, crime, news.

The following people were arrested by the Genesee County Sheriff’s Department during the Zac Brown Concert at Darien Lake Performing Arts Center on Saturday.

Caleb J. Muhs,18, of Hoover Road, Rochester, arrested on a charge of harassment 2nd and resisting arrest after allegedly pushing and shoving a deputy and then physically resisting the arrest.  Muhs was arraigned in Darien Court and remanded to jail in lieu of $500 bail.

John S.A. Fichter, 20, of Carrie Marie Lane, Hilton, arrested on a charge of criminal trespass 3rd after allegedly entering the concert venue after being ejected and told not to return. 

Erika C. Russell, 21, of Thorndyke Road, Rochester, arrested on a charge of criminal trespass 3rd after allegedly entering the concert venue after being ejected and told not to return. 

Megan E. Motkowski,19, of Millford Crossing, Penfield, arrested on a charge of criminal trespass 3rd after allegedly entering the concert venue after being ejected and told not to return.

David m. Odojewski, 27, of Enola Avenue, Kenmore, arrested on a charge of disorderly conduct after allegedly fighting with Live Nation Security while being ejected from the concert. 

Jonathan J. Curry, 30, of Lehavre Street, Cheektowaga, arrested on a charge of trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. 

Matthew R. Worley, 19, of Route 64, Ionia, Pa., arrested on a charge of trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. 

A 17-year-old of Olde Post Rider Trail, Greece, NY arrested on a charge of trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Britney L. Emmick, 22, of 14th Street, Troy, NY arrested on a charge of trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

June 17, 2019 - 1:09pm
posted by Howard B. Owens in crime, batavia, news, notify.
lorenzo_terrymug2019.jpg
       Lorenzo Terry

A 51-year-old Rochester resident has been arrested by members of the Local Drug Task Force, accused of selling crack cocaine in and around Genesee County.

Lorenzo A. "Tone" Terry, of Lang Street, Rochester, is accused of selling crack on three separate occasions to an agent of the task force over a six-month period.

Terry, the subject of an arrest warrant, was arrested on Batavia PD a week ago when he was spotted walking in the City of Batavia.  

The suspect has served four prior prison terms, going back to 1992, for drug possession and sales.

Judge Charles Zambito ordered Terry held in the Genesee County Jail on $50,000 bail or $100,000 bond.

June 15, 2019 - 4:59pm
posted by Billie Owens in Grand Jury, crime, news, notify, Le Roy, batavia, bergen.

Guillermo J. Torres-Acevedo is indicted for the crime of second-degree rape, a Class D violent felony. He is an adult accused of engaging is sexual intercourse with a person under 15 years old sometime during October at or near the County Meadows Manufactured Home Community in the Town of Batavia. In count two, he is accused of the same crime during September or October, on a different occasion. In count three, he is accused of the same crime in October while in the parking lot of a hotel in the Town of Batavia. In count four, he is accused of the same crime sometime between Nov. 25 and 26 in the Town of Batavia. In counts five, six and seven he is accused of criminal sexual act in the second degree, also a Class D violent felony, for allegedly engaging in oral sexual conduct with a person under age 15 sometime during October or November in the Town of Batavia on three different occasions. In count eight, Torres-Acevedo is accused of another count of criminal sexual act in the second degree, for allegedly engaging in oral sexual conduct with a person under age 15 sometime between Nov. 25 and 26 in the Town of Batavia. In count nine, the defendant is accused of second-degree kidnapping, a Class B violent felony, for allegedly abducting a person in the Town of Bergen on Nov. 29. In count 10, he is accused of second-degree criminal contempt, a Class A misdemeanor, for intentionally disobeying a court order of protection to stay away from the victim. In count 11, the defendant is indicted for endangering the welfare of a child, a Class A misdemeanor, for acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17. In count 12, Torres-Acevedo is indicted for the crime of first-degree custodial interference, a Class E felony. It is alleged in count 12 that on Nov. 29, the defendant unlawfully took a child from her lawful custodian and removed her from the state. In count 13, he is accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly taking a 2012 Dodge Journey without the owner's consent.

Darius L. Jones 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 Feb. 22 in the City of Batavia that Jones knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it.

Marquise L. Lee and Derek E. Wilcox are indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on March 27 in the City of Batavia that they knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it.

Christopher L. Burns is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Feb. 16 in the Town of Le Roy that he drove a 2014 Fiat on Route 5 while intoxicated. In count two, burns is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, Burns is accused of having been convicted of DWI, as a misdemeanor, on Sept. 24, 2012 in County of Monroe Court and that conviction is within 10 previous to the crimes alleged in the current indictment.

Shah L. Zajic is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 27 in the Town of Le Roy that Zajic drove a 2012 Toyota on Route 19 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for allegedly having a BAC of .18 percent or more at the time. In Special Information filed by the District Attorney, Zajic is accused of having been convicted of the crime of DWI, as a misdemeanor, on Feb. 14, 2017, in City of Batavia Court and that conviction is within 10 years of the crimes alleged in the current indictment.

June 15, 2019 - 3:45pm
posted by Billie Owens in crime, news, Alabama.

Douglas Scott Sprague accepted a plea deal in Genesee County Court Friday afternoon on a charge of first-degree criminal contempt, a Class E felony.

He admitted to intentionally violating a court order of protection on April 9 in Alabama. He was previously convicted of second-degree criminal contempt in October of 2014 in Town of Oakfield Court for violating an order of protection.

The 53-year-old native of McDonough, who finished the 11th grade of high school, is considered a second felony offender for sentencing purposes.

Judge Charles Zambito ordered a presentencing report and an order of protection for one year for the victim.

Bail is continued at $2,500 cash or $5,000 bond for Sprague, who appeared in court with his head shaved, with a goatee, and wearing orange jail clothes to waive the indictment against him.

Sentencing is scheduled for the morning of Wednesday, July 24.

June 14, 2019 - 8:30pm
posted by Billie Owens in crime, news, Le Roy.

There was a report of at least 10 people fighting in Le Roy at Craigie and Myrtle streets. Police responded and said parties were separated and he called for medics to respond to evaluate minor injuries.

June 14, 2019 - 6:05pm
posted by Billie Owens in news, crime, notify, batavia.

About a dozen family members and friends of murder victim Raymond Morgan were in Genesee County Court this afternoon when the man accused of killing him rejected a plea offer, opting instead to take the case to trial and face up to 25 years to life in prison.

Richard D. Hanes (inset photo, right), head shaved, constrained by shackles and wearing orange jail clothes, swiftly entered the courtroom when the side door swung wide open, and was told by a deputy to take a seat next to his attorney, Frederick Rarick.

The 36-year-old former Orleans County resident is accused of beating Morgan to death in his apartment at 111 Liberty St., Batavia, on July 24. He is charged with murder in the second degree, a Class A-1 felony, and has pled not guilty.

Under the plea offer, Hanes faced a minimum of 15 to 20 years in state prison.

Rarick told Judge Charles Zambito that he discussed the plea offer with his client and Hanes rejected it.

Zambito said today was the plea cut-off date and after today the offer would no longer be available and he asked Rarick if his client understood that. Rarick said he did.

Zambito also cited the "severe brutality" exhibited in this case and then set a trial date of Monday, July 22, with jury selection to begin the week before.

With the trial date set and the case dismissed, Morgan's loved ones abruptly stood and left the courtroom, causing a commotion as they did so. A couple of young women shouted out homophobic slurs and one said "Scumbag! Hope you get 25 years to life!"

A deputy quickly followed the group outside, telling them not to shout out.

One woman sobbed uncontrollably outside the courtroom as others tried to comfort her.

Investigators in the case have said the attack on Morgan was "exceptionally violent" and it happened "in an extremely short period of time." The motive, if there was one, was not clear, but detectives say they believe the attack was planned.

Hanes has been in custody since July 26, two days after the murder, on an alleged parole violation. He is being held at the Attica Correctional Facility.

In 2003, he was convicted in Orleans County of burglary, 3rd, attempted robbery, 2nd, and grand larceny, 4th. His parole on those charges expires Dec. 7.

In November, a Batavia police spokesman said Hanes was living at 5 Thorpe St., Batavia, a rooming house for clients of GCASA, at the time of Morgan's murder. (For previous story, click here.)

District Attorney Lawrence Friedman previously told The Batavian that there were witnesses in the area at the time of the murder who identified Hanes as the attacker. He said the people's case also includes scientific evidence, items of physical evidence, and surveillance video from various locations that follow Hane's path after the crime.

Morgan was a 47-year-old Batavia native with a large, tight-knit family that includes five grandchildren and many friends.

June 14, 2019 - 2:04pm
posted by Howard B. Owens in crime, corfu, news, notify.

Multiple law enforcement units are in pursuit of multiple motorcycles in the area of Corfu and Darien.

The motorcycles broke up in multiple directions with at least one heading north, one south, and one heading west into Erie County.

The riders have been identified as members of a motorcycle club.

One rider sideswiped a truck and took off a mirror.

One rider entering the Village of Corfu was fleeing in excess of 100 mph. The bikes are passing on the right and on the center line.

One westbound rider is described as a black male on a red motorcycle.

UPDATE 2:04 p.m.: The northbound motorcycle turned off of Route 77 and is now west on Route 5 and entering Erie County. Erie County does not have a car close to the chase area.

UPDATE 2:05 p.m.: The deputy in pursuit of the motorcycle on Route 5 in Erie County is breaking off the pursuit. 

UPDATE 2:08 p.m.: A deputy is apparently with one rider who had been part of the group and is running his identification. There is reportedly a rider who is part of the club at the security office at Darien Lakes. One deputy reports, "I had a total of four take off on me." Another says there was a group of five he was behind, and one he stopped.

UPDATE 2:16 p.m.: At least one rider was seen stopping to change clothes and is now wearing a black jacket with an orange shirt. He is described as a black male in his mid-40s. At least one of the plates of the bikes involved is from Maryland.

UPDATE 2:56 p.m.: Another rider was spotted going into Erie County at a high rate of speed -- a black male, black helmet, red bike.

June 13, 2019 - 5:47pm
posted by Howard B. Owens in crime, batavia, news, notify.
spraguechristophermug2019.jpg
Christopher Sprague

Judge Charles Zambito was in no mood today to give a Batavia man with prior burglary convictions and an admission to a string of burglaries in the City of Batavia late last year much of a break on his sentence in County Court.

Christopher Tyler Sprague, 25, will serve at least three and a half years in state prison and could serve as much as seven, under the terms of his sentence today.

Zambito could have given Sprague up to 15 years in prison but chose not to make his sentences consecutive on his conviction on two counts of third-degree burglary.

Sprague was arrested in January, accused of burglarizing several businesses in Batavia in December.

He also served a stint in state prison on a burglary conviction in 2012 and was arrested on burglary charges in 2016 and served a term in prison on a felony criminal mischief conviction.

Today, Sprague vowed he was ready to turn his life around and asked for a second chance.

"If you can't show me mercy, please do it for my fiancée, my siblings, and my mother," Sprague told Zambito. "Please consider a Willard (rehabilitation) sentence so I can get home as soon as possible and help me get help and get into rehab.

"Your honor," he added, "I'm sincerely ready and willing to change, to change my life around."

Sprague said he had a job on a farm waiting for him once he's out of jail and that he intended to fully compensate his victims.

"I feel horrible for the acts I did and I take full responsibility for what I did," Sprague said.

Zambito said the defendant's criminal record left him unconvinced that he could rely on Sprague to really turn his life around.

"I look at your record and you tell me you've turned a new leaf and you're going to take care of your substance abuse problem but you've already served multiple state sentences for burglary," Zambito said.

Zambito also ordered Sprague to pay restitution, with interest, of $3,897.48, in increments of $100 a month starting 60 days after his release from prison.

June 13, 2019 - 4:53pm
posted by Howard B. Owens in Grand Jury, crime, news, notify, batavia.
malikayla2018.jpg
       Malik Ayala

For the second time this year, the actions of a stenographer in the Grand Jury room is causing difficulties for District Attorney Lawrence Friedman in the Genesee County Courtroom.

Today, Friedman moved to have what had been a sealed indictment on burglary, trespass, and forgery charges dismissed because a stenographer spoke to grand jurors about the case while the prosecutor was out of the room.

Friedman must now have a new grand jury hear the case against Malik Ayala at a later date.

Ayala was in court today to deal with matters related to his pending case -- criminal possession of stolen property -- and he was also arraigned on these new charges from the sealed indictment.

The counts in the indictment were burglary, 2nd, criminal possession of stolen property, 3rd, and forgery.

Immediately after the charges were read, Friedman made a motion to dismiss the indictment because a court stenographer had jeopardized the integrity of the proceeding. 

Freidman said he had previously informed Public Defender Jerry Ader, who is representing Ayala, that he would move to have the indictment dismissed but with the court's permission to resubmit the case to a grand jury.

He gave Ader a choice -- to present it to the current grand jury, which is the one that heard the case the first time, or waits for a new grand jury to be empaneled.

Ader asked that the case be presented to a new grand jury.

In March, Friedman revealed during another court proceeding that a stenographer had been using an audio recording device on her machine to record grand jury proceedings.

Friedman had another appointment after Ayala's case and was not immediately available for questions, so we don't know if this is the same or a different stenographer.

Ayala was arrested in November along with his brother TeeSean Ayala after the two men were stopped in a car that had pulled into the driveway of County Manager Jay Gsell where they reportedly tried to dispose of a handgun.

During today's proceedings, Judge Charles Zambito told Ayala that he had been informed that Ayala had violated the terms of his release-under-supervision contract. He said that Ayala is accused of testing positive for marijuana and alcohol consumption May 7 and May 14, and for marijuana, cocaine, and alcohol May 28, and that he was arrested on a petit larceny charge June 7.

Zambito had the option to terminate his release under supervision but based on updated reports from Horizon the judge decided it was better to allow Ayala to continue treatment. He warned Ayala that if there are further violations, he would put Ayala in jail and impose bail.

Ayala's status could change when and if a new grand jury indictment is returned.

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