crime

Jason Daniel Lang, 30, of North Bennett Heights, Batavia, is charged with grand larceny, 4th. Lang is accused of stealing $1,260.37 in electronic equipment from Target. A caller reported seeing a male matching Lang's description hiding a storage bin filled with suspected stolen merchandise in a wooded area behind Target. Deputy Joseph Corona responded and secured the merchandise. He later located Lang hiding behind a garbage dumpster in the parking lot by the Clarion Hotel. Lang was jailed on $1,000 bail.

Kelsey Anne Sanders, 27, of Hutchins Street, Batavia, is charged with petit larceny. Sanders is accused of shoplifting from Walmart.

Daniel DelPlato, 59, of Chandler Avenue, Batavia, is charged with assault, 3rd, and unlawful imprisonment, 2nd. DelPlato is accused of striking another person in the head four or five times with a frying pan and restricting that person's movement without consent during a domestic incident.

Christina A. Deluna, 34, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Police responded to Deluna's residence at 2:12 p.m. Sept. 2 after neighbors reported that she appeared to be acting strange. Officers observed alleged drugs and paraphernalia in her home.

Tyler J. Henderson, 26, of Franklin Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court.

Joseph C. Jeffords, 23, of York Road, Leicester, is charged with petit larceny. Jeffords is accused of stealing a laptop and returning it to a local retail store in exchange for a gift card.

Gregory P. Hamm-Johnson, 24, of Alexander, is charged with reckless endangerment, 2nd, and leaving the scene of a property damage accident. Hamm-Johnson was allegedly the driver involved in an accident on Richley Road, Darien. His vehicle reportedly struck a mailbox. Hamm-Johnson reportedly overcorrected, reentered the roadway and spun sideways and rolled multiple times before coming to rest on the roadway. Johnson then allegedly left the scene of the accident. A search of the area, assisted by Corfu Fire Dpeartment, found there were no people around the accident scene. Hamm-Johnson later turned up at the Batavia Barracks of the State Police to report the accident and said he was the operator of the vehicle. Hamm-Johnson reportedly suffered minor injuries.

Jody M. Buck, of Sloan, is charged with DWI, driving with a BAC of .08 or greater, DWI with a child passenger under age 16 and leaving the scene of an accident. State Police observed a vehicle on Route 5 with front end damage. The car was later identified by Corfu PD as one that matched the vehicle description of a car that ran over a mailbox on Route 77. Parts of the vehicle found at the accident scene reportedly matched Buck's vehicle. Buck allegedly registered a BAC of .14.

Charles Robert Lowe, 50, of East Main Street, Le Roy, is charged with trespass. Lowe was allegedly on another person's porperty without permission at 9:45 p.m., Aug. 19.

The following people were arrested by the Genesee County Sheriff’s Department during the Rascal Flatts Concert at Darien Lake Performing Arts Center on Sept. 4:

Ashley R. Peak, 21, of Livermore Road, Dryden, is charged with for resisting arrest, harassment, 2nd (two counts), and disorderly conduct after allegedly causing a disturbance while being ejected from the concert venue. Peak allegedly then kicked and spit on a deputy and resisted arrest.  Ashley was arraigned in Darien Court and jailed on $1,000 bail.

A 17-yearo-old of Iroquoius Avenue, Lancaster, is charged with unlawful possession of marijuana after allegedly possessing marijuana.

Jon R. Perry, 31 of Fletcher Street, Tonawanda, is charged with harassment, 2nd, after allegedly grabbing another patron by the shirt and not letting go. 

Ashley N. Hayden, 22 of Upper Clark Avenue, Van Etten, is charged with harassment, 2nd, after allegedly punching and kicking a CSC security guard in the groin.

Kristine S. Baker, 27, of Clinton Street, Batavia, is charged with dog running at large. Baker's cane corso (a mastiff-type breed) reportedly weighing more than 100 pounds, allegedly jumped the fence of her yard and attacked and injured another dog that was being walked along Clinton Street. Police report that this is the second time in a week Baker's dog allegedly attacked and injured another dog.

Gregory Seppe, 56, of Liberty Street, Batavia, is charged with appearance in public under influence of narcotics or drugs other than alcohol and possession of a controlled substance not in original container. Seppe was reportedly observed repeatedly falling down on a Main Street sidewalk. He was allegedly incoherent and unable to stay awake for more than a few seconds at a time. He was issued an appearance ticket and turned over to Mercy EMS for treatment.

Keanon Sean Williams, 37, of Harvester Avenue, Batavia, is charged with endangering the welfare of a child and strangulation, 2nd. Williams allegedly grabbed a woman by the neck and applied pressure while in the presence of her children during a domestic dispute. Williams was jailed without bail.

Dale Eugene Stiles Jr., 45, of Galloway Road, Batavia, is charged with criminal contempt, 2nd. Stiles allegedly removed funds from a banking account following a court order "not to have any further involvement."

William Kelly Robert Kelly Michael Correia

Three men from Syracuse have been charged with third-degree burglary in Genesee County for allegedly breaking into a pair of local businesses.

The trio are also suspected of burglaries and thefts in Erie and Livingston counties.

They were picked up following a traffic stop in Wayne County last week and deputies spotted what they thought might be stolen material in the vehicle.

Upon questioning by investigators in Wayne County, the men admitted, according to Chief Deputy Jerome Brewster, to heists in Genesee County.

Investigator Kris Kautz took a trip to Wayne County and questioned the men and gathered the evidence, working with Deputy Brad Mazur, to file local charges.

Charged are brothers William H. Kelly III, 44, and Robert P. Kelly, 43, and Michael J. Correia, 58.

Additional charges may be pending.

The three men are accused of breaking into a Kutter's Cheese building, and stealing items from a residential construction site on East Main Street, Batavia, some time during the early morning of Aug. 27.

They were allegedly found with more than $3,000 in material, including brass plumbing components and copper wire.

They are being held without bail.

Photos provided by the Wayne County Sheriff's Office.

Joseph M. Marranco, 43, of Walnut Street, Batavia, is charged with criminal possession of a hypodermic instrument, unlawful possession of marijuana and possession of controlled substances outside original container. Marranco was arrested following the report of an overdose at 10:40 p.m. Monday at an apartment on East Main Street. Marranco was allegedly found in possession of a hypodermic needle, an assortment of controlled prescription medications outside their original container and marijuana.

Travis M. Blue, 30, of Ellicott Street, Batavia, is charged with harassment, 2nd. Blue allegedly made a threat of physical contact during an incident reported at 9:35 p.m., Monday, at a location on Ellicott Street.

Randy Kevin Wilmet, 37, of Lake Street, Le Roy, is charged with harassment, 2nd. Wilmet allegedly struck another person in the face with his forearm during an incident reported at 6:30 p.m., Saturday, at a location on South Main Street, Batavia.

Jeffrey C. Pero, 31, of Brooklyn Avenue, Batavia, turned himself in on a warrant for an unpaid parking ticket. Pero posted $100 cash bail and was released.

Kritin S. Payne, 31, of South Main Street, Batavia, turned herself in on on a warrant for an unpaid parking ticket. Payne paid $45 of a $100 bail and was released.

Michael David Senay Jr., 20, of Valley View Drive, Batavia, is charged with unlawful possession of alcohol by a person under age 21. Senay was allegedly in possession of alcohol during a traffic stop at 1:14 a.m. on Clinton Street, Batavia, by Deputy Joseph Corona.

Stephen Bakos, 55, of Alexander, is charged with DWI following a traffic stop on Silver Lake Road, Perry. Bakos was stopped for an alleged equipment violation. According to New York State Police, Bakos operated the vehicle while under the influence of alcohol. Bakos reportedly failed a roadside field sobriety test and was taken into custody. He is accused of refusing to provide a breath sample for analysis.Bakos was jailed on $1,000 bail. 

Thomas A. Gorrow III, 23, of 59 Mill St., rear apt., Le Roy, was arrested based on a complaint from last evening (9/1/2014) that he allegedly unlawfully entered a neighbor’s apartment and while inside damaged both a stove and a window. Gorrow was initially taken into custody by the Le Roy Police Department under section 9.41 of the Mental Hygiene Law and transported by ambulance to a hospital for evaluation, but allegedly left the hospital without the medical staff’s knowledge and/or permission. Gorrow was located at work and arrested by the Le Roy Police Department and charged with one count each of burglary, 2nd, a Class C felony, and criminal mischief, 3rd, a Class E felony. Gorrow was arraigned before the Hon. D. Sehm of the Le Roy Town Court and released under the supervision of Genesee Justice.

Roberto Varona-Gonzalez, 57, of Clifford Avenue, Rochester, is charged with evading or defeating cigarette tax. It is alleged that he possessed 31 cartons of cigarettes or 6,200 cigarettes following a traffic stop on Bank Street Road in the Town of Byron. He was issued an appearance ticket and is to appear in Byron Town Court at 5 p.m. on Sept. 22.

Thomas A. Webb, 54, of Gifford Street, Syracuse, is charged with criminal possession of a forged instrument, 2nd, and grand larceny, 4th. He was arrested on the charges after allegedly cashing a forged check at a bank. The investigation was  conducted in coordination with the Le Roy Police Department. Webb was arraigned in Batavia City Court and put then put into Genesee County Jail in lieu of $10,000 bail. He is set to appear back in court at 11 a.m. on Sept. 11.

Joshua Lee Baltz, 38, of West Main Street, Batavia, is accused of first-degree criminal contempt. He was arrested for allegedly making phone calls from the county jail on Aug. 30 to a protected person, in violation of a stay-away order of protection.

The following people were arrested by the Genesee County Sheriff’s Department during the Motley Crue Concert at Darien Lake Performing Arts Center on Sunday:

Adam Ellman, 29, of South 14th Street, Olean, is charged with criminal mischief, 4th, after allegedly breaking a chair inside the venue. Ellman was arraigned in Darien Court and remanded to jail in lieu of $1,000 bail.

Luanne M. Marra, 46, of Robinson Street, Silver Creek, is charged with for harassment, 2nd, after allegedly striking a PAC security officer in the face while being escorted from the venue.

Richard F. Derouche, 35, of Gorski Street, Buffalo, is charged with for trespass after allegedly climbing a rigging tower within the venue.

Trent R. Stinson, 19, of Trevett Road, Springville, is charged with for unlawful possession of marijuana after allegedly possessing marijuana.

A partially submerged vehicle in a water-filled quarry off Circular Hill Road in Le Roy caught the attention of a Hanson Aggregates employee this morning.

He called the Dispatch Center at about 10 a.m. and reported his find, which generated a response from the Sheriff's Office, State Police and the Le Roy Fire Department. 

"Our first concern was how it got there and if anybody was still inside it by chance," said Sgt. Jon Szumigala, of the Sheriff's Office. "The report we received is that the vehicle looked like it had  been there for quite some time. But we had to check and see if by chance if anybody was in it."

Water rescue teams for Le Roy fire and City fire checked the vehicle and surrounding water and the search indicated there were no victims of a crash.

Firefighters retrieved the vehicle's license plate number and VIN number. It was a 2013 Jeep Wrangler stolen May 20 in Pittsford, Szumigala said.

The vehicle dropped some 40 or 50 feet from the cliff to the rocky shore below.

"It appears that at one one point it was completely submerged and that's why it's taken so long for someone to actually spot it," Szumigala said.

A tow truck from Stella's Collision was called to the scene to retrieve the vehicle.

Satellite image from Bing: This isn't an exact representation of the landscape at the quarry today. There is quite a bit more growth along the northern side of the quarry and on the seemingly manmade plateau in the northeast corner. We've added a red dot for the approximate location of where the vehicle was found.

These are the latest indictments issued by the Genesee County Grand Jury.

James T. Saddler III is indicted on a charge of second-degree assault, a Class D violent felony. It is alleged that on Nov. 21 in the City of Batavia, with intent to cause physical injury to another person, he caused such injury by means of a dangerous instrument -- scalding water.

Ronnie R. Simpson is indicted on a charge of aggravated driving while ability impaired by drugs, a Class E felony. It is alleged that on March 29 in the Town of Byron Simpson drove a 2001 Chevrolet on Route 262 while his ability to do so was impaired by drugs and while a child age 15 or less was a passenger.

Kassandra R. Funk is indicted on a change of drving while intoxicated, a Class E felony. It is alleged that on May 6 in the Town of Bergen Funk drove a 2006 Pontiac on North Bergen Road while in an intoxicated condition. In count two, she is accused of aggravated drving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time.

The following people were arrested by the Genesee County Sheriff’s Department during the Miranda Lambert Concert at Darien Lake Performing Arts Center on Friday.

Derik F. Sharkey, 19, of Center Street, Horseheads, is charged with false personation and possession of a fictitious NYS driver's license after allegedly providing a fake NYS license and providing a false date of birth.

A 17-year-old of Drum Road, Middleport, is charged with false personation after allegedly providing a false date of birth.

Paul M. Wojcik, 22, of Canterberry Trail, West Seneca, is charged with trespass after allegedly refusing to leave the concert venue.

Michael P. Hoenow, 42, of Manitou Street, Depew, is charged with criminal trespass, 3rd, after allegedly entering the concert venue through the back gate without a ticket.

Deputies are at a residence on Griswold Road in Le Roy and have requested at least three ambulances for "several" victims of an assault.  

Two victims have been mentioned with specific injuries, both women, one wth a head injury who is now in and out of consciousness. 

Le Roy Ambulance and Mercy EMS responding.

Press release:

August 29, 2014, Batavia, NY.  On August 28th the City of Batavia Police Department joined by the Genesee County Drug Task Force (The Genesee Drug Task Force is comprised of personnel from Batavia PD, Le Roy PD and the Genesee County Sheriff’s Office), Genesee County Sheriff’s Office and Genesee County Probation participated in the fourth neighborhood enforcement detail this summer. The purpose of these details is to systematically approach known problem areas within the City and target criminal activity.

In total 10 law enforcement personnel from four different agencies were partnered in a focused enforcement details in seven separate locations. NET patrols included State Street, Washington Avenue, Jackson Street, Liberty Street, Swan Street and Sumner Avenue, Central Avenue, Pringle Avenue, Harvester Avenue and Clifton Avenue. The following are results of this year’s fourth detail:

• 52 data runs
• 12 vehicle/traffic stops
• 2 Traffic tickets issued
• 4 Penal Law Arrests
   -- Brasky, Alex P., age 23, unlawful possession of marijuana
   -- Blake, Ian J., age 27, unlawful possession of marijuana
   -- Scheuerlein, Jacob M., age 18, unlawful possession of marijuana
   -- McWethy, Randy S., age 44, criminal possession of hypodermic instrument
• 16 probation checks
• 1 probation violation

Neighborhood Enforcement Team (NET) details were outlined in the City’s Strategic Plan as part of the City’s Neighborhood Revitalization efforts. They include dedicated patrols for targeted enforcement with the goal of intercepting and interrupting the flow of illegal drugs, weapons and other contraband as well as locating and arresting wanted persons. All agencies involved expect to continue joint law enforcement efforts in the future. These details are not advertised prior to taking place and locations are selected based on criminal data, the presence of nuisance and illegal behavior and ongoing investigations. 

If you see criminal activity or know about a crime that has occurred please contact the Batavia Police Department at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Police are asking the public to help identify a motorcyclist involved in a hit-and-run accident at about 5 p.m. Aug. 19 on East Main Street in front of Key Bank in Batavia.

The motorcycle hit a bicyclist.

The bicyclist was not seriously injured in the accident.

The motorcycle operator did stop and check on the bicyclist's condition, but then left the scene without providing name, address, license information and plate number.

The operator is described as a white male in his early 40s with a "salt and pepper" beard.

The motorcycle is described as a "cruiser (meaning not a street bike)." It was red and may have sustained damage on the right side of the handlebar and possibly to the front master cylinder.

Anyone with information is asked to call Officer James DeFreze at (585) 345-6350.

Jeremy Dean Lyons, 29, of South Pearl Street, Oakfield, is charged with criminal possession of stolen property, 3rd. Lyons was allegedly found in possession of more than $3,000 worth of copper wiring that was stolen from several buses parked at a business in Oakfield. Lyons was jailed on $50,000 bail.

William H. Kelly III, 44, Robert Kelly, 43, and Michael Correia, 58, all of Syracuse, are charged with criminal possession of stolen property, 3rd. The three men were arrested by the Wayne County Sheriff's Office for allegedly stealing more than $3,000 worth of brass fittings, electrical wire, tools, and plumbing and construction materials from a location in Batavia. They were arrested following a traffic stop in Huron and held without bail. (Source: 13WHAM).

Roger James Farney III, 31, of Clayton Street, Buffalo, is charged with criminal contempt, 1st. Farney was located by law enforcement at this former residence on Pearl Street Road, Batavia, allegedly in violation of an order of protection out of Family Court. 

Four Canadians -- Sarah C. Glassford, 22, of Acton, Ontario, David L. Jones, 22, of Walkerton, Ontario, Hayley M. Halls, 23, of Acton, Ontario, and Nicole P. Spurrell, 22, of Acton, Ontario -- are all charged with trespass. They were arrested by State Police in connection with a reported trespass at a location in Darien at 11:45 p.m. Aug. 16. No further details released.

A 16-year-old Batavia resident is charged with criminal mischief. She was arrested by State Police in the Town of Barre in connection with an incident reported at 6:55 p.m. on Monday. No further details released.

Terrance Falk

An attorney and former Le Roy resident is accused of stealing settlement money from a client for whom he helped win a judgement in November, 2012.

Terrance A. Falk, 49, of 16 Woodsmeadow Lane, Rochester, is charged with charged with grand larceny, 3rd, following an investigation by Le Roy PD.

An investigation began after police received a complaint that from 2009 until the suit was settled, Falk represented the complainant. Falk allegedly received $15,000 from the other party on behalf of the victim, but misappropriated the funds. 

Grand larceny, 3rd, covers thefts of $3,000 or more.

Falk was arraigned and released on his own recognizance.

Forrest Ansel III, 24, of East Main Street, Batavia, is charged with assault, 2nd. Ansel is accused of punching a relative several times, causing physical injury. The alleged victim is over 65 and more than 10 years older than Ansel. Ansel was arraigned and released under supervision of Genesee Justice.

Paul C. Ferraro, 19, of South Pearl Street, Oakfield, is charged with grand larceny, 3rd. Ferraro is accused of stealing more than $3,000 over a two-month period while employed at Save-A-Lot. Ferraro was jailed without bail.

Thomas Webb

Thomas A. Webb, 54, of Syracuse, is charged with criminal possession of a forged instrument, 2nd. Webb was arrested after a bank employee called about two people in the bank trying to cash forged checks. Webb was apprehended at the scene, but the other person fled before police arrived. Police recovered the checks and the IDs of both suspects. The investigation indicates at least one other person may be involved. That person appears to have supplied the forged checks to the suspects and similar checks that were cashed at another bank branch in the City of Batavia. Le Roy PD and Batavia PD are working together in an ongoing investigation.

Timothy J. Lewis, 20, of Ellicott Street Road, Pavilion, is charged with harassment, 2nd. Lewis is accused of hitting a family member and a friend while in the parking lot of Oliver's Candies at 3:30 a.m., Wednesday.

Katherine S. Thomas, 41, of Ross Street, Batavia, is charged with disorderly conduct. Thomas is accused of intentionally breaking a glass mug on the sidewalk in front of her residence, causing a physically offensive and hazardous condition.

A Batavia police officer testified today that there was an extended effort to locate Dashawn Butler after a warrant was issued for his arrest in October 2013.

Butler's defense attorney asked questions and got answers that could suggest the police didn't do all they could.

Today's hearing was on a motion by attorney Tom Burns to have the felony charges against his client thrown out on "speedy trial" grounds.

Every defendant has a Constitutional right to a speedy trial. The clock starts ticking if the police are doing all in their power to locate the suspect. If they are making every effort, then the clock for a speedy trial starts at the time of arrest, rather than when the warrant was issued.

The warrant for Butler was issued in October, but he wasn't located and arrested until June.

Butler is charged with criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.  He's also accused of firing a weapon at another person Sept. 27 on State Street.

Sgt. Dan Coffey said that after the warrant was issued, police officers checked at least six possible addresses for Butler and looking for Butler was a frequent topic of shift-change meetings.

On cross-examination, Coffey said he had never personally been to the address where Butler was eventually located, though he said BPD had that address under observation for some time. He said he had not contacted State Police to see if troopers had any idea about Butler's whereabouts, and he did not seek utility records in an attempt to track down an address for Butler. He said he did contact Social Services to see if that agency had an address for Butler, but DSS did not.  

BPD also monitored a social media account reportedly belonging to Butler.

Coffey also provided a series of e-mail exchanges as possible evidence of BPD's efforts to locate Butler.

Burns objected to introducing the e-mails as evidence under the hearsay rules.  

Friedman argued that in a hearing such as this, the hearsay rules didn't apply, but even if they did, the e-mails weren't hearsay because they weren't being used as proof of the crimes charged.

Burns cited two prior rulings that found such e-mails were hearsay and that the prosecution has an obligation to call as witnesses the other police officers involved in the exchange.

Judge Robert C. Noonan said he has never read those cases before, so he called for an adjournment to read the cases and consider Burns' motion.

Whether the hearing will continue at a later date will depend on how Noonan rules on the motion.

Butler remains free on bail. There is no trial date set yet.

Gina Lee Colangelo, 22, of Main Street, Caledonia, is charged with unlawful possession of marijuana and failure to keep right. Colangelo was allegedly the driver in an accident where her vehicle failed to remain in its own lane. Colangelo's vehicle was reportedly westbound on West Main Road, Le Roy, at 9:07 p.m. June 17 when it collided with a vehicle in the eastbound lane. In the course of the accident investigation, Deputy Joseph Graff allegedly found marijauna in Colangelo's vehicle.

Eric Joseph Smith, 29, of Gilbert Street, Le Roy, is charged with petit larceny. Smith is accused of stealing $107 in merchandise from Walmart.

A 16-year-old resident of Parsells Avenue, Rochester, is charged with petit larceny. The youth is accused of shoplifting from Walmart.

Out of jail and out of work, Jacquetta Simmons, the young woman who punched an employee at Walmart on Christmas Eve 2011, is seeking a modification to the restitution order levied against her.

Her victim, Grace Suozzi, is entitled to reimbursement on $2,000 in medical expenses, Judge Robert C. Noonan has said. Simmons has been ordered to make monthly payments of $100.

According to statements made by Noonan from the bench today, Simmons is seeking a suspension of restitution payments.

While Simmons appeared in County Court today, she did so without her attorney.

She had written Noonan asking for the hearing, but her attorney, Earl Key, wasn't notified of today's court appearance in time for him to be in Genesee County Court.

Noonan rescheduled the appearance for Sept. 10.

Asked if she was looking for work, Simmons told Noonan she has applied for jobs.

Noonan told her that when she appears Sept. 10, she should have prepared an affidavit on her financial standing and outlining steps she's taken to find work.

For previous coverage of Jacquetta Simmons by The Batavian, click here.