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Deputy praises his new partner, K-9 'Pharoah'

By Howard B. Owens

Deputy Brian Thompson's new partner has convinced him to keep working a couple of years longer.

Thompson was considering retirement in December, but then "Pharoah" came into his life.

The 8-year-old, 80 pound, Czech Shepherd was donated to the Sheriff's Office by the Niagara Falls PD and handler Michael Bird after K-9 "Finn" was retired due to a medical condition.

Thompson has nothing but praise for Pharoah, who he described as a great tracker, good with children and an excellent drug detection dog.

"When we get a chance to use him for tracking, we're going to find some bad guys andhopefully find some people who might be missing," Thompson said.

Already, Pharoah is making an impact in the fight against illegal drugs in Genesee County, according to Thompson.

"He's had some awesome drug finds so far that led us into some pretty good arrests, in the Class B felony range," Thompson said. "That inspires me."

It inspires him, Thompson said, to keep going for the sake of the community.

He thinks local law enforcement has been making good progress so far in fighting meth and crack in the community.

"Hopefully, some people will be put back on their heels to say, 'I don't want to deal drugs in Genesee County -- they're catching a lot of people there,'" Thompson said. "We can clean this town up. I love this place. It's the greatest place to live in the world."

Pharoah is trained to alert on methamphetamine, cocaine, heroin, marijuana, hashish and ecstasy.

He is also trained to track human scents, both in the open and in confined areas, and trained for handler protection and criminal apprehension.

The K-9 program's vet bills, medications and non-handler kenneling are paid for from a K-9 fund set up with community and business donations, including an original substantial donation by Ken Barrett Chevrolet several years ago. All equipment for the K-9 program also comes from the fund, and when Pharoah retires in a couple of years, a new K-9 will need to be purchased from the fund, which has been dwindling over the years, Thompson said.

He said he's confident, when the time comes, the community will come through to offer continued support of the Sheriff's K-9 program.

Grand Jury Report: Batavia man indicted on charge of rape 1st

By Howard B. Owens

Patrick J. Donahue is indicted on a charge of rape in the first degree. Donahue is accused of engaging in sexual intercourse with another person by forcible compulsion on Jan. 10, 2010.

Frank J. Bieniek is indicted on charges of grand larceny, 3rd, and criminal possesion of stolen property, 3rd. Bieniek is accused of stealing a .45-caliber flintlock rifle from the Holland Land Office Museum on Dec. 10, 2010.

Jorge Portugal-Pineda is indicted on charges of felony DWI, felony driving with a BAC of .08 or greater and a felony of aggravated unlicensed operation. Portugal-Pineda is accused of driving drunk on Dec. 28, 2010 on Transit Road in the Town of Byron.

Police Beat: Charges filed after children allegedly left in car at Walmart

By Howard B. Owens

Isaac Emmaneul Simmons, 24, of Ellsworth Avenue, Batavia, is charged with two counts of endangering the welfare of a child. Simmons is accused of leaving a 2-year-old and a 6-year-old in a car outside Walmart with the motor running while he went into the store.

Michael J. Raphael, 22, 4 Noonan Drive, Batavia, is charged with criminal mischief, 3rd. At about 1 a.m., Sunday, Batavia Police were notified that a person was in the area of Center Street attempting to fight with others. When police arrived, they were told the person had walked toward the Mancuso Bowling Center. When officers checked the area, they were advised by a witness that Raphael struck a parked car causing damage to the vehicle.

Brad Hilchey, 29, 43 Oak St., Oakfield, is charged with DWI, aggravated DWI and moving from lane unsafely. Hilchey was stopped at 1:06 a.m., Saturday, on West Main Street, Batavia, by Officer Frank Klimjack.

Ryan James Sundown, 30, Meadville Road, Basom, is charged with criminal obstruction of breathing. Sundown is accused of trying to choke a woman during an altercation at an address on Meadville Road.

Virginia Louise Miller, 46, Colony Run, Attica, is charged with assault 3rd and menacing 2nd. Miller is accused of threatening another person with a knife and of biting that person in the arm.

Robert Paul Leiser, 42, of Lockport Road, Oakfield, is charged with criminal contempt, 1st, and aggravated harassment, 2nd. Leiser was arrested following an investigation into an alleged incident at 3 a.m., April 20.

Ryan S. Richards, 21, of Medina, is charged with petit larceny. Richards is accused of shoplifting $25.05 worth of merchandise from Kmart. Richards was also cited for alleged fictitious inspection sticker, aggravated unlicensed operation, 3rd, operating without a license, switched plates and unregistered motor vehicle.

Thomas J. Torres, 48, of Albion, is charged with DWI and aggravated DWI. Torres was taken into custody in the Town of Stafford at 10:35 p.m., Saturday, by State Police.

Christopher J. Nacca, 22, of Webster, and Taylor M. Shoemaker, 18, of Williamson, are charged with unlawful possession of marijuana. Nacca and Shoemaker were stopped by State Police at 4:10 p.m., Friday, on Route 5 in Pembroke.

Suspected drug dealer allegedly scuffles with task force members during arrest

By Howard B. Owens

A suspected drug dealer allegedly struggled with members of the Local Drug Enforcement Task Force, causing minor injuries to two officers, when they attempted to arrest him Thursday evening on Liberty Street, Batavia.

Taken into custody, following an investigation into the sale, transportation and possession of cocaine in and around Le Roy and Batavia, was 21-year-old Craig A. Tiberio-Shepherd, of Lathrop Avenue, Le Roy.

Once Tiberio-Shepherd was taken into custody, members of the task force along with uniformed deputies and officers from Batavia PD and Le Roy PD, executed search warrants on Tiberio-Shepherd himself and his residence.

Investigators allegedly found a quantity of cocaine, a quantity of Suboxone (a controlled substance), numerous pieces of drug paraphernalia, drug packaging, digital scales and $310.

Following arraignment in Batavia City Court, Tiberio-Shepherd was jailed without bail.

Tiberio-Shepherd was charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, assault, 2nd, and obstructing governmental administration, 2nd. In Le Roy Court, Tiberio-Shepherd was charged with criminal possession of a controlled substance, 7th, and criminal using drug paraphernalia, 2nd.

The injured members of the task force suffered twisted fingers and minor cuts and bruises.

Police Beat: Baby left on front porch leads to man's arrest

By Howard B. Owens

Timothy J. Wood, 28, of 4 N. Spruce St., Batavia, is charged with endangering the welfare of a child. Wood was arrested following an investigation at 7:30 p.m., Thursday, of a 1-year-old baby being left unattended on the front porch of a residence. Wood was jailed on $2,500 bail.

Joshua L. Baltz, 35, of 29 Tracy Ave., Batavia, is charged with criminal obstruction of breathing or blood circulation, criminal mischief, 4th, and harassment, 2nd. Baltz is accused of being involved in a domestic incident on Wednesday. Baltz was jailed on $2,000 bail.

A 16-year-old resident of West Avenue, Medina, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Habibah Tywell Caldwell, 19, of Batavia-Stafford Townline Road, Batavia, is charged with trespass. Caldwell is accused of trespassing at College Village after being banned from the property.

Robert Paul Leiser, 42, of Lockport Road, Oakfield, is charged with criminal contempt, 1st, unlawful imprisonment and harassment, 2nd. Leiser allegedly became involved in a fight with a protected person while in the Town of Batavia. Leiser was jailed on $15,000 bail.

Benjamin Gove Evans, 22, of West Main Street Road, Batavia, is charged with petit larceny. Evans allegedly stole property from Home Depot. Evans was located riding a bicycle on Washington Avenue and taken into custody. He was jailed on $10,000 bail.

Daniel J. Saeva, 31, of 6283 Sweetland Road, Stafford, is charged with harassment, 2nd. Saeva allegedly knocked another person down during an argument on April 10. Saeva turned himself in to Batavia Police after a warrant was issued.

Ricardo Brown, 21, of Cedar Avenue, Mount Vernon, is charged with assault, 2nd. Brown, originally from Jamaica, is a detainee at the Buffalo Federal Detention Facility on Federal Drive, Batavia, where he allegedly got into a fight with another detainee. Brown allegedly kicked the other inmate in the head several times. Brown was arraigned in Batavia Town Court and returned to the detention facility.

Batavia man who bit cop convicted of assault by jury

By Howard B. Owens

This afternoon a jury returned a verdict of guilty in the trial of Donald F. Stillwagon, 25, of South Main Street, Batavia, who was accused of biting a Batavia Police officer.

Stillwagon was convicted of assault, 2nd, and faces a possible seven-year prison term.

On Sept. 29, Batavia Police responded a reported disturbance at Stillwagon's residence. A man there was reportedly choking another person. When police arrived, they tried to take Stillwagon into custody and a struggle ensued. During the struggle, Stillwagon bit Sgt. John Peck on his forearm.

Peck was cut deeply enough to bleed significantly. He was treated and released at UMMC and missed two days of work.

In order to convict Stillwagon, the jury needed to decide whether the defendant had the intent of harming Peck.

Much of the closing arguments of both Public Defender Gary Horton and District Attorney Lawrence Friedman centered on whether Stillwagon was too intoxicated to form a coherent intention.

"Either Donald Stillwagon is a huge jerk or he had to be intoxicated," Horton said. "You saw Donald Stillwagon as he sat in this courtroom, you saw his demeanor, you saw him testify, can you believe he would have done these things without being intoxicated?"

Friedman argued that Stillwagon, who had apparently been at a local bar drinking prior to the incident, clearly had the presence of mind to form intent because he was able to unlock a deadbolt after his mother had locked it in order to go outside, and when he tried to escape from police, he told a State Trooper, "That's a bad idea."

"He was aware enough to know his plan of escape wasn't working out for him," Friedman said.

Sentencing has been scheduled for June 20.

In March, Stillwagon turned down a plea offer that would have capped his sentence at six-months "shock probation" and opted to take his case to a jury.

Driver who reportedly fled scene of accident charged with DWI

By Howard B. Owens

A driver who allegedly fled the scene of an accident Wednesday night has been charged with felony DWI.

Two people were hospitalized as a result of the accident at 9:19 p.m. in the area of 6312 Townline Road, Byron.

Taken into custody after reportedly being located at the Byron Hotel was Chester Llewellyn Sherman, 52, of East Lee Road, Holley.

Injured in the accident were Mark J. Puma, 40, and Carlos M. Chavez, 29. Both were taken by Mercy EMS to UMMC. Puma lives on Creamery Road in Bergen.  Chavez's residence was not contained in the accident report.

Besides the DWI charge, Sherman was charged with a felony count of driving with a BAC of .08 or greater, leaving the scene of a personal injury accident and following too closely.

Sherman was driving a 1998 Chevy pickup eastbound when he reportedly rear-ended a 1999 Chevy sedan driven by Puma. Puma had just backed onto the roadway and was headed east when his car was struck by Sherman's. Puma's car was forced off the roadway into a mailbox and then the car hit the front porch of a residence.

The accident was investigated by Deputy Joseph Graff.

(initial report)

Police Beat: A pair of criminal contempt charges

By Howard B. Owens

Francisco Martinez Jr., 37, no permanent address, is charged with criminal contempt, 2nd. Martinez was taken into custody by Batavia Police on an arrest warrant issued in City Court after Martinez allegedly violated a "stay away" order of protection. Martinez was jailed on $1,000 bail.

Eric M. Duda, 49, of 6303 Main Road, Stafford, is charged with criminal contempt, 2nd. Duda allegedly violated an order of protection by going to an apartment where the protected person was staying. Duda was jailed on $1,000 bail.

Police Beat: Overnight accident results in DWI charge

By Howard B. Owens

Travis Michael Herold, 20, of Prospect Street, Attica, is charged with felony DWI, felony driving with a BAC of .08 or greater, moving from lane unsafely and consumption of alcohol in a motor vehicle. Herold was taken into custody following the investigation by Deputy Jason Saile into a motor vehicle accident at 2:18 a.m. in the area of 9406 Alexander Road, Batavia.

Jason Jonathan Reed, 34, of South Pearl Street Road, Oakfield, is charged with criminal contempt, 2nd. Reed is accused of violating an order of protection issued in Family Court by making a phone call to the protected party.

Connie Lynn King, 40, of South Main Street, Oakfield, is charged with harassment, 2nd. King is accused of punching, kicking, biting and pulling the hair of her boyfriend during an alleged domestic dispute at 12:45 a.m., Monday.

Dennis F. Walter, 53, of Clipnock Road, Stafford, is charged with two counts of criminal possession of a weapon, 3rd, and one count of criminal possession of a criminal weapon, 4th. Walter was arrested on a warrant out of Bethany Town Court and jailed on $20,000 bail.

Raymond Edmond Allard, 27, of South Main Street, Oakfield, is charged with trespass and harassment, 2nd. Allard allegedly had physical contact with another person and then refused to leave the property when told to do so by the property owner.

Police Beat: Batavia resident accused of choking another person

By Howard B. Owens

Tyrone L. Richardson, 35, of 17 Walnut St., Batavia, is charged with criminal obstruction of breathing / blood circulation and harassment, 2nd. Richardson is accused of grabbing another person by the throat and also placing that person in a headlock and applying pressure. Richardson reportedly left the scene of the alleged incident at 8:20 a.m., Sunday, and turned himself in on Monday.

Jayson Michael Connolly, 37, of Weathersfield Road, Silver Springs, is charged with criminal contempt, 2nd. Connolly is accused of placing a phone call to a woman he is barred by court order from contacting. Connolly was jailed on $2,500 bail. (from Sheriff's Office press release)

Jayson M. Connolly, 37, of 5405 Weathersfield Road, Silver Springs, is charged with criminal contempt ,2nd. Connolly was allegedly found in a car with a person he was barred from contacting by court order. Connolly was jailed on $1,000 bail (City Police press release)

Travis J. Weatherall, 23, of 7216 Griswold Road, Bergen, is charged with petit larceny. Weatherall was arrested by Le Roy Police. He is accused of shoplifting a package of jerky from Tops Market.

Police Beat: Le Roy resident accused of burglary, growing marijuana

By Howard B. Owens

Name Redacted Upon Request, 19, of Lake Street, Le Roy, is charged with burglary, 2nd, criminal possession of stolen of stolen property, 5th, petit larceny, growing cannabis without a license and unlawful possession of marijuana. xxxx was arrested following the execution of a search warrant on his residence, which was the result of an investigation that began April 15 after a village resident complained a home had been entered and various items stolen. The investigation pointed to xxxx as the suspect and a search warrant was obtained. During execution of the search warrant, numerous allegedly stolen items were found as well as marijuana plants and marijuana paraphernalia. xxxxx was jailed on $15,000 bail.

Michael B. Pfaff, of Keeney Road, Le Roy, is charged with felony DWI, aggravated DWI and failing to stop at a stop sign. Pfaff was stopped Sunday by a Le Roy police officer. He was jailed on $1,500 bail.

Jonathan Cornell Robinson, 24, of Buffalo (no street address released), is charged with DWI, driving with a BAC of .08 or greater, operating on a suspended license and driver's view obstructed. Robinson was stopped at 12:39 a.m., Saturday, on Main Street, Batavia, by Deputy Patrick Reeves.

Keith Patrick Snyder, 30, of Lewiston Road, Alabama, is charged with unlawfully fleeing a police officer in a motor vehicle, DWI, driving with a BAC of .08 or greater, speeding and consumption of alcohol in a motor vehicle. Snyder was stopped at 2:58 a.m, Saturday, on MvVean Road, Darien, by Deputy Jason Saile. Snyder was also charged with refusal to take breath test, failure to signal and failure to yield right-of-way to an emergency vehicle.

Charles Linwood Muntz, 22, of Crosby Road, Basom, is charged with a felony count of DWI, leaving the scene of a property damage accident and parking on a public highway. Muntz was allegedly found asleep at the wheel of his vehicle while it was stopped at an intersection on the Tonawanda Indian Reservation at 3:11 a.m., Saturday, by Deputy Eric Seppala.

Jeremy John Patterson, 20, of Medina (no street address released), is charged with DWI, driving with a BAC of .08 or greater, tinted windows and plate obstructed. Patterson was stopped at 1:53 a.m., Sunday, on Alleghany Road, Basom, by Deputy Patrick Reeves.

Earl Elsworth Sands, 53, of Batavia (no street address released), is charged with harassment, 2nd. Sands was arrested following a disturbance at his residence at 10:30 p.m., Saturday. Sands is accused of striking a visitor to his residence.

Jennifer Rae Champlin, 31, of Bloomfield (no street address released), is charged with unlawful possession of marijuana. Champlin was stopped for an alleged traffic violation at 5:06 p.m., Sunday, on Ellicott Street, Batavia, by Deputy Patrick Reeves.

Alleged meth lab in South Byron may be tied to first one found in Alabama 18 months ago

By Howard B. Owens

The arrest today of two South Byron residents for allegedly manufacturing methamphetamine has its roots in a Nov. 12, 2009 meth lab raid in Alabama, according to Sgt. Steve Mullen, head of the Local Drug Enforcement Task Force.

"If we're doing our jobs, a search warrant doesn't just end with that search warrant," Mullen said. "It opens doors into other investigations."

In the Alabama case -- the first suspected meth lab found in Genesee County -- Kenneth W. Mosholder and associates, including a woman who lived on Jackson Street, Batavia, were accused of manufacturing meth. Mosholder died while awaiting prosecution, but Mullen said the one-time Texas resident's recipe for making meth apparently spread throughout the county.

A handful of meth lab raids -- though not all of them -- since 2009 were based on threads connected to Mosholder's arrest, Mullen said.

"Once something like that grows in a community, it can take deep roots and take years to get out," Mullen said.

Many task force cases are built on other cases, Mullen said.

"Any single arrest looks like a snippet, but they're really scenes from the same movie," Mullen said.

Arrested in connection with the alleged meth lab in South Byron were Matthew J. Zon, 29, of Byron, and Tricia M. Tundo, 24, of Byron.

Zon and Tundo were apprehended during a traffic stop on Thursday night, but the couple wasn't discovered by accident, Mullen said. They were identified after months of investigation and observation while detectives built a case that would ultimately justify their apprehension.

Following the traffic stop, Zon and Tundo were allegedly found in possession of methamphetamine, meth lab material and drug paraphernalia.

Mullen said it's too soon in the investigation to say for certain whether Zon and Tundo were allegedly producing meth for sale. They have not yet been charged with any drug sales counts.

This morning, a contingent of investigators and crime lab specialists were on scene at 6319 E. Main St., South Byron, to execute a search warrant in an effort to determine whether Zon and Tundo were producing meth at their residence.

During the search, investigators carried out several items that appeared to be chemicals and implements used in the manufacture of meth. Test results on the items have not yet been released.

The search started with State Troopers in chemical-protection suits entering the house and retrieving two pet dogs, one a reportedly aggressive pit bull.

A deputy involved who helped transfer the dogs to the Animal Control vehicle said the dogs had a heavy odor of meth on them.

If Tundo and Zon were manufacturing meth in the house, the smell would permeate the entire residence, "just like burnt popcorn," said an investigator.

The odor of meth manufacturing, depending on the process used, according to sources, smells something like a mixture of burnt plastic and ammonia. 

Investigators were at the South Byron scene for hours, from before 8 a.m. until after 3 p.m. and Mullen was still at the office working on the case after 7 p.m.

And the execution of a search warrant in a drug case, said Mullen, is only a small portion of what goes into an investigation. It can take months to build a case in order to get a warrant, and the investigation doesn't stop with an arrest.

"The research and investigation really takes months," the sargeant said. "Even though we're at the end of a 12- or 13-hour day, the research began months ago."

Zon and Tundo are both charged with unlawful disposal of methamphetamine laboratory material, a felony, and criminal possession of a controlled substance as well as criminally using drug paraphernalia.

The disposal charge is based on evidence gathered during the investigation that Zon and Tundo disposed of waste material along roadways in the area.

Mullen said the production of one ounce of meth produces a significant quanity of waste chemicals. 

One law enforcement official at the scene said that was one of the parts that bugged him the most about a case like this.

He said, potentially, some Boy Scout could be out on a clean-up day and come across some contaminated materials and become gravely ill.

The traffic stop Thursday night was initiated by Deputy Brian Thompson, whose K-9 "Pharaoh" assisted in the search of the vehicle.

Tundo was reportedly driving, though she allegedly did not have a valid NYS driver's license. 

Additional charges may be pending, Mullen said, and the Drug Enforcement Agency, which was involved in the 2009 raid in Alabama, will be consulted.

Besides the Genesee County Sheriff's Office and State Police, assisting at the scene were the South Byron Fire Department, Genesee County Emergency Services, the Health Department,  Animal Control and Mercy EMS.

More pictures after the jump:

Suspected meth lab found in South Byron home

By Howard B. Owens

The Sheriff's Office and State Police were 6319 E. Main St.,  in South Byron this morning to retrieve and dismantle a suspected methamphetamine lab.

In connection with the operation, two people are reportedly in custody. Their names and the nature of the charges have not yet been released.

South Byron Fire Department and Mercy EMS along with Genesee County Emergency Services were also on scene.

UPDATE: Post updated with specific street address, and map corrected.


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Police Beat: Youth accused of violating order of protection by hitting woman

By Howard B. Owens

Darik Robert Michael Orbaker, 18, of Forest Edge Drive, Batavia, is charged with criminal contempt, 2nd. Orbaker was taken into custody on East Main Street, Batavia, by State Troopers and Sheriff's Deputies on Thursday afternoon. Orbaker is accused of violating an order of protection. He allegedly hit a female covered by an order of protection.

Brian Michael Fairbanks, 33, of Church Street, Le Roy, is charged with unlawful imprisonment, 2nd, and menacing, 3rd. Fairbanks allegedly committed the crimes during a dispute with a friend in his apartment.

Nicholas M. Lyons, 30, of 17 Central Ave., Batavia, is charged with menacing, 2nd, and harassment, 2nd. Lyons is accused of punching, kicking and using a knife to threaten another person during an alleged incident at 10 p.m., Thursday.

Police Beat: Marijuana possession charge

By Howard B. Owens

Jennifer Jean Fracek, 20, of Batavia-Stafford Townline Road, is charged with unlawful possession of marijuana. Fracek was charged after College Village security contacted the Sheriff's Office with a claim that Fracek was found in possession of marijuana during a security investigation.

Federal charges brought against Buffalo man accused of four bank robberies, including Batavia

By Howard B. Owens

In 2007 the Bank of America branch on Main Street, Batavia, was robbed by a man who may have displayed a gun, and today, a federal grand jury indicted a suspect in that case.

Michael C. Makolinski, 30, is facing four federal counts of armed bank robbery, four counts of illegally entering a bank with the intent to commit a larceny while armed and four counts of armed bank larceny.

Each charged carries a penalty of 25 years in prison and a $250,000.

Besides the Nov. 7, 2007 robbery in Batavia, Makolinski is accused of robbing the Fairport Savings Bank, on Hudson Avenue, Irondequoit, on Nov 16, 2007, the First Niagara Bank, on Center Street, Lewiston, on Nov. 27, 2007, and the Evans National Bank, on Delaware Avenue, Buffalo, on Dec. 5, 2007

In each case, Makolinski is accused of brandishing what appeared to appeared to be a firearm.

Assistant U.S. Attorney Richard Maigret, who is handling the case, stated that the Indictment is the result of an extensive investigation conducted by Special Agents of the Federal Bureau of Investigation and New York State Police Investigators over the last three and a half years. 

The Batavia Police Department assisted in the investigation.

Grand Jury Report: Pair charged in alleged timber thefts

By Howard B. Owens

Donnie Hendrickson is indicted on charges of grand larceny, 4th, 23 counts of timber trespass, grand larceny, 3rd, and scheme to defraud, 1st. Hendrickson is accused of cutting and stealing timber from property in Le Roy between Jan. 9 and Feb. 14, 2010 with an estimated value in excess of $1,600. The timber trespass charges each stem from alleged removal of specific trees, including sugar maple, red oak trees and hickory trees. He is also accused of removing trees from property in Stafford, specifically swamp white oak and soft maple trees. He is also accused of cutting and removing timber from a property in Stafford with a value in excess of $18,000. He is also accused of fraudulently trying to acquire the trees.

David Isabell is indicted on charged of two counts of grand larceny, 4th, three counts of grand larceny, 3rd, issuing a bad check, 22 counts of timber trespass, petit larceny, theft of services and scheme to defraud, 1st. Isabell is accused of stealing timber from a property in Le Roy with a value in excess of $1,000. He's also accused of stealing $6,250 from a person in Bergen. He's also accused of stealing timber from a property in Le Roy with a value in excess of $3,000. He's accused of writing a bad check to a person in Le Roy with a value of $5,600. He's a accused of removing timber from a property in Stafford with a value in excess of $450. He's accused of removing timber from a property in Le Roy with a value in excess of $1,000 The alleged timber removed from these properties includes sugar maple, red oak, hickory and swamp white oak. The theft of services charge comes from an allegation that Isabell failed to pay for hotel rooms in Batavia. 

Randall W. McKeown is indicted on a felony charge of DWI, felony driving with a BAC of .08 or greater and aggravated unlicensed operation. McKeown is accused of driving drunk on Nov. 7 while in the Town of Batavia.

Police Beat: Pair accused of violation orders of protection

By Howard B. Owens

Nichole L. Rushing, 24, of 113 Jackson St., Apt. #2, Batavia, is charged with criminal contempt, 2nd. Rushing is accused of allowing a person who was barred from being in the presence children into her residence with out prior court approval.

Francisco Martinez Jr., 37, of 113 Jackons St. Apt. #2, Batavia is charged with criminal contempt, 2nd. Martinez reportedly walked to Batavia Police headquarters to report an alleged violation of a family court order of protection involving a female acquaintance. While reporting this incident, Martinez reportedly admitted that he was living at the same address and was violating an order of protection by being there. Martinez was reportedly ordered by city court to stay away from the residence and two young children who reside there.

Lemual Morris Clawson, 28, of Eelpot Road, Naples, is charged with petit larceny. Clawson is accused of stealing video game disks from Kmart.

Batavia High student accused of making harassing phone calls to several women

By Howard B. Owens

A 16-year-old Batavia High School student is facing seven counts of aggravated harassment for allegedly placing calls to various local women that were either of a sexual nature, or were, in the words of Det. Todd Crossett, "disturbing and alarming."

In all, during the months-long investigation, Crossett said at least 45 women came forward with complaints about unwanted calls from the youth.

The name of the suspect has not been released by police because he's eligible for youthful offender status.

While many of the calls were made to women associated with BHS, Crossett said the alleged victims were spread throughout the community.

"I'm not 100 percent certain why he chose who he chose," Crossett said.

The first complaint came in last July, Crossett said, and at that time, he suggested to the alleged victim that she block her private numbers, but then in the coming months, more and more women came forward, especially as women started talking with each other about getting the calls.

In was in December that Crossett said he decided, "OK, we've got something here," and he started to compile evidence for a criminal case.

The seven charges are related to alleged calls going back to October.

Most of the women chose not to press charged, Crossett said, because they know the boy's family and felt the family could handle the issue.  

However, the seven women who are pressing charges wanted to ensure that an order of protection is put in place, which can only happen if criminal charges are filed.

"Also, the general consensus was that they want him to get help," Crossett said. "That really was the consensus of the women."

The youth was arraigned in Town of Batavia Court and released under the supervision of Genesee Justice.

Traffic safety detail in city issues 43 citations for seat belts and mobile phones

By Howard B. Owens

A recent effort by Batavia Police to target drivers talking on mobile phones or not wearing seat belts while driving netted 43 citations, according to Sgt. John Peck, who headed up the detail.

The detail was part of a statewide "Buckle Up New York" campaign and funded by a grant issued by the Governor's Traffic Safety Committee.

Officers conducted the detail over March 30 and 31.

The campaign will continue into June with extra details in place May 23 to June 5.

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