crime

Jason W. Whitehead, 25, of Bank Street, Batavia, is charged with criminal possession of a controlled substance 7th, possession of a narcotic with the intent to sell, harassment 2nd, resisting arrest and use of drug paraphernalia 2nd. Batavia patrol officers located Whitehead, who had an active warrant for his arrest, walking on Bank Street on April 16. Whitehead allegedly fled on foot when officers attempted to arrest him. A private citizen assisted Officer John Gombos and Sgt. Christopher Lindsay in stopping Whitehead. The officer took Whitehead into custody. Whitehead was allegedly found to be in possession of a quantity of drugs and drug paraphernalia. Whitehead was arraigned in  City Court and remanded to the Genesee County Jail on no bail.

Cassandra F. Smith, 37, of Manhattan Ave.,  Batavia, is charged with two counts of petit larceny. Smith is accused of stealing various items from a yard on Manhattan Avenue on April 8. Smith was released on an appearance ticket.  On April 12, she was charged with criminal trespass 2nd. She is accused of entering and remaining unlawfully in an apartment on Washington Avenue, where she left a note for a resident to find when the person came home. She was arraigned in Centralized Arraignment Court and released. She was charged with criminal mischief 4th on April 12. She is accused of spray-painting an apartment door, doorbell camera, and van in the driveway of a residence on Washington Avenue.  She was arraigned in Centralized Arraignment Court, and her release status is unknown.

Joseph C. Jeffords, 32, of Chestnut Street, Batavia, was arrested on two bench warrants issued by City Court. Jeffords is accused of failure to appear on two prior appearance tickets, one for alleged unauthorized use of a motor vehicle on Jan. 23, and the second for alleged criminal possession of a controlled substance 7th on Feb. 6. He was arraigned in Centralized Arraignment Court, and his release status is unknown. Jeffords was also arrested on April 9 and charged with two counts of criminal possession of a controlled substance 3rd. Jeffords was allegedly in possession of various narcotic drugs upon being arrested on multiple warrants.  Jeffords was arraigned in  City Court and custody remanded to the Genesee County Jail in lieu of bail.  

Salvatore Dellapenna, 54, of Vine Street, Batavia, is charged with criminal mischief. Dellapenna is accused of damaging a neighbor's front door by kicking it in on April 8. He was issued an appearance ticket.

Patricia M. Anderson, 38, of Buell Street, Batavia, is charged with petit larceny, operating a motor vehicle while the registration is suspended, and aggravated unlicensed operation of a motor vehicle third. Anderson is accused of filling a shopping cart with $139 in merchandise and leaving the business on East Main Street, Batavia, without paying. During the investigation, it was allegedly found that Anderson operated a motor vehicle with a suspended registration while her license was suspended. Anderson was released with an appearance ticket.

Modesto O. Cardenas, 29, of Pearl Street, Batavia, is charged with harassment in the second degree.  Cardenas was arrested by Officer John Gombos following an investigation into a disturbance on April 1. He was arraigned in Centralized Arraignment Court, and his release status is unknown.

Linda L. Snyder, 40, of Creek Road, Batavia, was arrested for bench warrants issued by City Court and charged with bail jumping in the third degree. On April 5, Officer Peter Post arrested Snyder on bench warrants issued by  City Court for harassment, criminal mischief, and animal cruelty charges.  Additionally, Snyder was charged with bail jumping 3rd because she failed to appear in court as directed after being released on her own recognizance from a criminal proceeding.  Snyder was arraigned in City Court and custody remanded to the Genesee County Jail in lieu of $1,000 cash bail. 

Josia G. Culver, 18, of Tracy Avenue, Batavia, is charged with two counts of burglary 3rd, two counts of criminal mischief 4th and petit larceny. Culver is accused of breaking into a local restaurant on Ellicott Street on April 14. He is accused of breaking into another restaurant in the mall on April 16 and stealing money from the register. His release status is unknown.

Lori A. Wittkopp, 61, of Spencer Court, Batavia, is charged with DWI and driving with a BAC of .18% or greater. On April 14, Officer John Gombos stopped Wittkopp following a complaint that Wittkopp was driving while intoxicated. Wittkopp was issued appearance tickets.

Kendra Q. Thomas, 35, of Dellinger Avenue, Batavia, is charged with harassment 2nd and endangering the welfare of a child. Thomas is accused of a physical altercation with a juvenile on April 15.  Thomas was issued an appearance ticket.

Luis J. Santiago Arroyo, 34, of Buell Street,  Batavia, is charged with harassment 2nd, endangering the welfare of a child, and criminal contempt 1st. Arroyo is accused of being involved in a physical incident during a custody exchange on April 23. Arroyo is accused of striking another person, unprovoked, who was covered by an order of protection while she was holding a child.  Police say a Ring camera captured video of the incident. Arroyo was held in the Genesee County Jail pending arraignment. Release status unknown.

Aaron T. Hendershot, 26, of Ellsworth Avenue, Batavia, is charged with criminal contempt 2nd and aggravated family offense. Hendershot allegedly violated an order of protection on April 20 by calling, messaging, and writing letters to the protected party.  He was additionally charged with aggravated family offense as he has been convicted of a specified offense within the immediately preceding 5 years, Feb. 6, 2023.  Hendershot was arraigned in City Court and custody remanded to the Genesee County Jail without bail. 

Alisha A. Soule, 26, of Route 237, Le Roy, is charged with harassment 2nd and criminal mischief 4th. Police responded to a reported disturbance on April 26. Soule is accused of kicking in a door to gain entry to a house and then striking one person while attempting to get to another person. Soule was arraigned in City Court and released.

Pamela L. Dickinson, 60, of Roosevelt Avenue, Batavia, is charged with DWI, failure to comply, speeding, and failure to yield to an emergency vehicle. At about 6:30 a.m. on April 24, Officer Joseph Weglarski reported observing a vehicle speeding on Pearl Street. The driver allegedly failed to stop until being blocked by patrols at the intersection of Washington Avenue and Bank Street in Batavia. Dickinson was released on traffic tickets.

Shelby L. Fryer, 27, of Prune Street, Batavia, is charged with criminal impersonation.  Officer John Gombos stopped a vehicle reportedly driven by Fryer on April 22. She allegedly gave a false name to the officer in an attempt to avoid an arrest on a warrant. She was arrest on a warrant for alleged failure to appear. She was arraigned. Her release status is unknown.

Haley M. Larnder, 23, of North Street, Batavia, was arrested on a  City Court arrest warrant. Officer Andrew Mruczek located Larnder on April 21 and took her into custody on a warrant. Larnder was originally arrested on March 19 on a charge of criminal possession of a controlled substance 7th and issued an appearance ticket. Larnder was arraigned in City Court and released on her own recognizance.

Jacqulyn A. Dueppengieser, 39, on Page Road, Perry, is charged with petit larceny. Dueppengieser is accused of stealing from a business on East Main Street on April 20. She was issued an appearance ticket.

Natasha J. Durney, 29, of Hutchins Place, Batavia, is charged with nine counts of harboring an unlicensed dog. On April 21, Officer Stephen Quider responded to a report on Hutchins Street of dogs fighting on Hutchins Place. During the fight, a person was reportedly bitten. Durney is accused of owning nine unlicensed dogs.  Durney was issued an appearance ticket.

Jessica Hernandez, 35, of Summit Street, Batavia, was arrested as a fugitive from justice. Police officers executed an arrest warrant on April 22 after being contacted by the Volusia County Sheriff's Office in Florida. The police department was informed that Volusia County had a warrant for Hernandez on the charge of aggravated assault with a deadly weapon. Hernandez was processed, arraigned in Centralized Arraignment Part Court and held at the Genesee County Jail to await extradition to Volusia County, Florida. 

David A. Kendall, 50, of Bank Street, Batavia, is charged with criminal contempt 2nd. Kendall is accused of violating a stay-away order of protection on April 23. He was issued an appearance ticket.

Adam M. Zastrocky, 38, of Myrtle Street, Le Roy, is charged with DWI, driving with a BAC of .18 or greater, failure to stop at stop sign, driving left of pavement markings in no passing zone, and refusal to take breath test. Zastrocky was arrested by Sgt. Jason Saile following an investigation into a motor vehicle accident reported at 10 p.m. on April 20 on Cockram Road, Byron.

Joseph Earnest Marr, 44, of Nesbitt Road, Batavia, is charged with grand larceny 4th.  Marr is accused of stealing a phone while at Batavia Downs. He was processed at the Genesee County Jail and released.

Nathan Paul Crawford, 27, of Federal Drive, Batavia, is charged with two counts of petit larceny. Crawford is accused of shoplifting from 48 Deli Express at 5:04 p.m. on April 15. He was issued an appearance ticket. He is also accused of shoplifting from Kohls at 11:05 a.m. on April 19. He was issued an appearance ticket.

Heather Nicole Derooy, 33, of Keith Terrace, Chili, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, and improper plates. Derooy was stopped at 8:26 p.m. on April 8 on Clinton Street Road, Bergen, by Deputy Nicholas Chamoun and Deputy Kenneth Quackenbush. She was allegedly found in possession of methamphetamine. Derooy was released on an appearance ticket.

Robert E. Sacher, 53, of Kibbe Avenue, Batavia, is charged with DWI. Sacher was stopped at 3:11 p.m. on April 13 on Veterans Memorial Drive by Deputy Jonathan Dimming. Sacher was issued traffic tickets and released.

Jeenathan Rodeny Williams, 63, of Hazelwood Terrace, Rochester, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, unlicensed driver, side wings/side windows non-transparent, and plates covered by glass or plastic. Williams was stopped at 6:56 p.m. on April 25 on Byron Elba Road, Byron, by Deputy Zachary Hoy and issued an appearance ticket.

Scott Aaron Muntz, 25, of Maltby Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Muntz was stopped at 12:15 a.m. on April 16 on Knowlesville Road, Alabama, by Deputy Jonathan Dimming.  He was issued traffic tickets.

Madison McKenzie, 18, of Creek Road, Batavia, is charged with endangering the welfare of a child. McKenzie is accused of giving a letter to a child under age 17 that contained sexual content. McKenzie was arraigned and released.

Michelle Dawn Grover, 38, of Olean Road, South Wales, is charged with petit larceny. Grover is accused of shoplifting from Dollar General in Pavilion at 10 a.m. on March 5. Grover was issued an appearance ticket.

Press release:

The Batavia Police Department is investigating a robbery that occurred in the 7-Eleven convenience store on April 25 at 3:34 am. 

The suspect was armed with a hammer when the robbery occurred. 

The suspect was described as being a black male, approximately 5’7”, and having a slim to average build. He was also described as wearing dark-colored clothing with a maroon-colored flat-brim hat. The male is believed to have left the area on foot. 

There are also photographs of two other possible witnesses (1 male and 1 female) who were in the store prior to the robbery occurring, that police are attempting to identify. The female was walking a dog, possibly a tan/brown and white colored pit-bull. 

Anyone with information is asked to contact Detective Sergeant Matt Lutey at (585)345-6311, the Batavia Police Department at (585)345-6350, the Batavia Police Department's confidential tip line at (585)345-6370.

Ask the people -- police officers -- who deal every day with crime victims, and those accused of committing the crimes, and New York's landmark 2019 bail reform law just isn't working.

It isn't working for victims, because they either get re-victimized, or there are new people victimized because accused criminals are free sooner to commit new crimes, or victims simply decline to press charges because they know the accused person will just be issued an appearance ticket.

And it has also failed the people it was supposedly designed to help: criminal defendants.

Those accused of a crime are now more frequently set free to commit new crimes and dig themselves into a deeper hole, or they don't appear before a judge or go to jail where they are afforded the opportunity they need to enter substance abuse programs.

"The joke is (among officers), it's like fishing. It's 'catch and release,'" said Batavia PD Det. James Defreze.

Chief Shawn Heubusch added, "It is catch and release, and they understand, the officers understand, what the laws are, and we're here to enforce the laws. But the laws are not helping our citizens. At least this particular law is not helping our citizens. It's not helping the community at large."

The Batavian spoke with Heubusch, Defreze, and Sgt. Christopher "CJ" Lindsay this week about the impact of bail reform on the department and the community after a series of press releases from Batavia PD about individuals who have been arrested multiple times on warrants for failure to appear for various minor offenses.

In press releases about arrests, Batavia PD has recently been highlighting criminal defendants who get are repeatedly arrested on failure-to-appear warrants three, four, or five times.  Unfortunately, there isn't clear data that judges are issuing, in the aggregate, more warrants, because, by policy, the department no longer seeks warrants on unpaid parking tickets, and with the legalization of cannabis possession, there are fewer marijuana-related arrests. That means there is no way to make a meaningful comparison from one year to the next of the total number of warrants.

The Why of Bail Reform
The path to bail reform in New York perhaps began in 2015 with the death of Kalief Browder. Browder had been held in Rikers Island on cash bail of $3,000 after being accused of stealing a backpack.  Browder said he was subjected to mental and physical abuse. His charges were dropped after three years of pre-trial condiment for lack of evidence. Upon his release, he committed suicide.

Advocates for bail reform said confining poor people, who can rarely make bail, on charges without conviction was a violation, at least in spirit, of due process. Advocates pointed to statistics that poor blacks, especially in the state's cities, were more likely to be held on bail, than white defendants. 

In 2018, in his State of the State speech, Gov. Andrew Cuomo picked up the cause of bail reform.  

"Let's be painfully honest: The truth is that our Lady Justice is still not colorblind, and her scales are still not balanced," Cuomo said. "Our bail system is biased against the poor. Too many jails are cruel and inhumane, and our court system is too slow."

Bail reform was approved by the State Legislature in 2019 and was meant to reduce incarceration by limiting the need for defendants to come up with money to pay for their liberty. The new law mandated pretrial release for the majority of nonviolent charges and required that judges consider a person’s ability to come up with the cash to pay bail or security to post bond.

On low-level, non-violent charges, officers must issue appearance tickets rather than hold the suspect for arraignment (where, in most cases, they would have been released under the old system). When suspects are arraigned, judges must release defendants without requiring bail and with no conditions on their release ("on their own recognizance").  In certain conditions, they can put conditions on their release ("released under supervision").   If bail can be set, the bail amount must be the lowest amount possible that is affordable for the defendant.  That's why you sometimes see bail set at $1.

There are multiple exceptions and conditions that police officers and judges must follow.  That is one of the complaints lodged by Heubusch.  The bail system is arcane and confusing.  

As an example, Heubusch cited a recent case where a suspect was arrested for burglarizing a restaurant.  The suspect was released following his arrest.  The next day, he burglarized another restaurant.  The judge misunderstood the standards of the bail reform law in this particular circumstance and released the suspect again.  He was arrested 20 minutes later after burglarizing another restaurant.

"So we now have one individual that has three burglary charges -- felony burglary charges," Heubusch said. "Again, he could have been held on that second arraignment, but there was a misunderstanding between the judges as to what they can actually do when it comes to that type of thing."

To help us understand how complex the new bail rules are, Heubusch pointed us to this web page on bail reform for the state's public defenders. It contains this matrix of qualifying (for bail) and non-qualifying (no bail) options. It also contains this flow chart that helps guide anybody in the justice system on when to require bail or when to release a defendant. 

Bail reform makes law enforcement harder
Being a police officer is inherently a risky job, and police officers accept that risk, Heubusch said.  It's also a tough job where officers are expected to deal sometimes with uncooperative or even hostile criminal suspects.  But that aspect of the job has been made worse, by bail reform, Heubusch said.

He said when people understand they're going to get an appearance ticket, they're more likely to flee or or fight with an officer because resisting arrest won't elevate the seriousness of their criminal activity.

"We've seen people run from us, fight with us, and attack us more than they did before, in my opinion, because they know, it's not taken as seriously or, you know, 'haha, I can get away with it. I'm gonna get a slap on the wrist from the judge. See you next week or see you tomorrow,' that type of thing," Heubusch said. "It just seems that the attitude, to resist arrest, to fight with the cops, has increased."

Bail reform has also made it hard to get drug dealers off the street, Defreze said.  

First, the Class B felony of criminal sale of a controlled substance in the third degree is a non-qualifying offense, meaning a judge can't automatically set bail.  Defreze said he's seen dealers back on the street selling narcotics within five hours of their arrest.  

"Pre-Bail Reform, we were pretty effective and successful in removing drug dealers from our community," Defreze said. "We would find people, we would arrest them for possession with intent to sell or for criminal sale, both (Class) B felonies. When we got the indictment warrants, those people would go to jail. Now the majority of these people are getting charged with two to four Class B felonies, and they go see a judge, and they're released. Then people were calling, saying these people are selling drugs in my neighborhood."

That arrest was made after months of work that involved finding and working with a confidential informant, gathering evidence, reviewing the evidence with the district attorney, and presenting the evidence to a judge to get a warrant either for a search or an arrest.

When a recently released dealer just hits the street again, he can't just be arrested on the spot. The whole process must start again.

But now it's harder to find confidential informants.

"Bail Reform, in and of itself, made getting a CI inherently harder," Defreze said. "People used to be, there was some kind of fear that they were going to go to jail for minor offenses. You'd catch someone for stealing from Tops, and they wouldn't want to go to jail for that. They would cooperate to have that charge go away. I mean, CIs for minor offenses are a thing of the past."

Victims
Bail reform hasn't been good for crime victims, the officers said.

"What's been missed during this whole thing, just from my perspective, is we've completely forgotten about the victims," Heubusch said. "We've created a system that cares about the defendants, and we care about the defendants as well, we certainly want don't want to hold somebody for years upon years upon years on petty crimes because that doesn't make any sense. But the victims are now being re-victimized over and over again by the same offenders. So I think that's, that's the biggest frustration that you see from law enforcement because we are out there trying to make sure that our communities are safe."

In March, deputies arrested two men in Elba on property crimes. Under terms of Bail Reform, the deputies had no choice but to release the suspects on appearance tickets. The two men were processed at the Genesee County Jail and released. Upon their release, they allegedly stole a car, leading to a police pursuit across multiple jurisdictions.

Bail reform has made orders of protection less effective, the officers said.

Domestic abuse always involves a human victim, so that means the arresting officer can haul the suspect in front of a judge for an arraignment. That gives a judge a chance to issue an order of protection, but unless the crime is a qualifying violent felony, the judge has -- at least until now -- limited power to set bail.

"I can think of a domestic situation where somebody was arrested for harassment, and they were arraigned in front of the judge, got an order of protection, but they had to be released, and they went right back to the house and violated the order protection," Heubusch said.

Bail reform has also led crime victims to ask officers not to arrest offenders, Lindsay said.

"Obviously, we understand the defendants have rights but like (Heubusch) said, we kind of forget about the victims," Lindsay said. "I've had numerous times where we have a case where the victim wants to have someone arrested, so they'll ask us, 'are they going to be held in jail,' and we tell them, 'no, we can't hold them, so they say 'well, I don't want him arrested then because I don't want to deal with whatever fallout.'"

Lindsay said victims are also frustrated.

"We're probably dealing with more angry victims," Lindsay said.

The law is confusing
Heubusch came to the interview with The Batavian carrying a sheaf of paper. He had printed out the matrix, flow charts, and rules officers, attorneys, and judges must know in order to ensure nobody is jailed in violation of the law.

It's a lot to know and a lot to keep up with, and even sometimes judges get it wrong, he said.

"We had a situation where an individual burglarized a restaurant," Heubusch said. "He was arraigned, released and burglarized another business that weekend. He was arraigned, and the judge misunderstood that it was a new charge and released him. He burglarized another restaurant after he left. So we now have one individual that has three burglary charges -- felony burglary charges. And, again, could have been held on that second arraignment, but there's a misunderstanding between the judges as to what they can actually do when it comes to that type of thing."

Defendants harmed by Bail Reform
When defendants are released on appearance tickets, no judge gets an opportunity to recommend a substance abuse or mental health program. When a criminal defendant is free to re-offend, they sometimes do.

"If you look at it, from the defendants' standpoint, this person now has the opportunity to rack up multiple criminal charges to make that sentence, maybe harsher on them," Heubusch said.

He said his officers have seen defense attorneys ask judges to set bail in cases for the sake of their defendants.

"The only way they know their guy is gonna get help is by sitting in jail because the jail will provide that assistance to them, whether they want it or not," Heubusch said. "It'll at least be in front of them. If they get to walk away from that arraignment without being held, the chances of them going out and reoffending are very good. The chances of them going on or overdosing and dying are even higher."

We asked Heubusch in a follow-up email if he had any data on the number of times defendants have been released from custody only to OD, and Heubusch said, "I am not able to put together stats as quickly as I would like to, but we do have cases where individuals that we know to have substance abuse issues have committed crimes and while out pre-trial they have overdosed and died. If judges had the ability to incarcerate these individuals for, what the lawmakers are calling petty crimes, they would be offered assistance and/or mandated assistance pre-trial. This could keep some alive."

Ideas to reform the reform
The police chiefs in New York, Heubusch said, have their own ideas about how to fix bail reform.

First, end cash bail.  That is, in fact, right in line with what downstate reformers want.  Defendants should either be held pre-trail, with no bail, or released.  That would end the perceived unfairness of people with a bit of money being able to get released while poor defendants must stay locked up, unable to get to jobs or care for families.

"The amount of money sitting in your bank account should not determine if you're a free person or not," Heubusch said.

And allow judges to determine whether a person is a danger to himself, another person, or the community.

"We're the only state in the United States that doesn't have a dangerous statute in our law," Heubusch said. "Bail is set specifically upon reappearance for court. We're the only one that doesn't include dangerousness. I don't know why New York wants to lead the way in that, quite honestly, because the communities are suffering because of it. So eliminate cash bail altogether. There's no reason to have a $1 value on it. You're either held to your release, or you're released upon certain restrictions and then that can be reviewed at your next appearance."

Some reformers consider "dangerousness" too subjective of a standard. Heubusch countered that trying to determine if somebody is a flight risk is a judgment call.

Reformers are concerned that allowing judges discretion raises the specter of bias, and studies show the criminal justice system has a history of being biased against people of color.  Heubusch said race should absolutely not be a factor in who is held and who is released but blanket policies by lawmakers who don't live in the communities dealing with crime are not the solution to racism.

"If judges are using race to incarcerate people, then they should be held accountable," Heubusch said. "We should not be changing the system so that more people can be victimized. We are allowing people who commit crimes to remain free due to decisions by lawmakers who are not dealing with these individuals in our communities."

The officers know the current bail scheme is not helping local communities, they said, because they see it every day.

"You really have to explain to the folks that are there complaining about what's going on in their neighborhood, that we can only go so far," Heubusch said. "The reason this person is not locked up is not because of me. It's not because of the judge. It's because of the state laws that say they can't be locked up. It's because of the state laws that say they can't be evicted from that apartment. It's because of the state law. You know, it's very difficult to explain that to somebody who really just wants to see their neighborhood get better."

Photo by Howard Owens. Chief Shawn Heubusch, Det. James Defreze, and Sgt. Christopher Lindsay

Press release:

At approximately 1:07 p.m. the Genesee County 911 Dispatch Center received a report from the Veteran's Administration Hotline that a male subject had called them and stated they were going to get a weapon and "shoot up a school". This information was immediately relayed to patrols in the City and throughout the County working. An initial trace of the phone number provided showed the phone to be in the City of Batavia area. Patrols were dispatched to each school in Genesee County as a precautionary measure, and all county-wide schools were placed into lockout.

Officers and investigators from multiple law enforcement agencies followed up on leads and determined the threat to not be credible and, in fact, was false. Currently, a juvenile is being interviewed by the City of Batavia Detective Bureau regarding the matter, no further information regarding the juvenile will be released at this time. 

All schools were released from lockout at approximately 2:25 p.m.

We wish to thank the public, the school districts and the other members of law enforcement for their assistance during this investigation.

UPDATE, statement from Batavia Superintendent Jason Smith:

After the events of this afternoon, I wanted to provide additional information regarding today’s lockout.

At around 1:30 p.m., the Batavia Police Department received a tip that a threat had been made against a local school. While no specific school was directly named in the threat, all schools in Genesee County went on lockout.

The Batavia Police Department worked quickly to identify the suspect, and after an investigation, the threat was deemed not credible. The lockout was lifted at 2:30 p.m..

At this time, there is no additional threat to the Batavia City School District, so all school activities will resume as normal.

While this was a stressful situation for all involved, I want to thank the Batavia Police Department, our administrators, teachers, and staff for handling our lockout procedures quickly and efficiently. While we train for situations like these and have strict protocols, we never want to have to use them. I thank everyone for their quick actions and commitment to keeping our students safe.

Please feel free to reach out to me or your student’s building principal should you have any additional questions or concerns. Thank you again for your cooperation and support.

Previously: UPDATED: Schools throughout Genesee County on lockout

Rosemary R. Waters, 37, no permanent address, was arrested on April 7 on two warrants out of City Court. On Aug. 17, Waters was taken into custody at a hotel on Oak Street, Batavia, on an unrelated warrant and was allegedly found in possession of narcotics and a modified fully automatic 9mm pistol with a 40-round magazine.  Waters was released pending lab results.  A warrant for her arrest was issued after the investigation was complete. On July 30, Waters was reportedly the passenger in a vehicle during a traffic stop on Mix Place, Batavia.  Waters is accused of providing a false name. Narcotics and a modified short-barrel shotgun were allegedly recovered inside the vehicle. A warrant was issued for her arrest. Waters was arraigned in Centralized Arraignment Court and released.

Kyle J. Schroeder, 26, of Clinton Street Road, Batavia, was arrested on four bench warrants issued by City Court after his alleged failure to appear to answer to charges from four separate incidents. On April 23, 2022, Schroeder allegedly entered a residence on Liberty Street and stole a pack of cigarettes.  He was arrested on three days later and issued an appearance ticket. On April 29, Schroeder was arrested on a charge of DWI drugs and criminal possession of a controlled substance 7th.  He was arraigned in City Court and released. On August 25, 2022, patrol officers were dispatched to check the welfare of an individual "tweaking out" behind a business on East Main Street. Schroeder was arrested on warrants for alleged failure to appear on prior charges and was also charged with criminal possession of a controlled substance 7th. He was allegedly found in possession of narcotics and drug paraphernalia at the time of his arrest. He was arraigned in City Court and released. On Oct. 20, 2022, when Schroeder appeared in court on another matter, he was arrested and charged with criminal mischief. He is accused of kicking and damaging an electrical lock box on the exterior of a business on Jackson Street so he could charge his mobile phone. He was released under supervision. Schroeder was arraigned in Centralized Arraignment Court, and his release status is unknown.

Josia G. Culver, 18, of Tracy Avenue, Batavia, is charged with burglary 3rd, criminal mischief 3rd, and petit larceny. Culver is accused of making a forced entry into a business in the mall, causing damage, and stealing money. He was arraigned in City Court and released under supervision. 

Shawnna L. Lamont, 33, of Page Road, Perry, was taken into custody on an arrest warrant. Lamont is accused of failure to appear on a prior charge of criminal possession of a controlled substance 5th. She was initially charged Feb. 19 following a traffic stop on East Main Street, Batavia. Lamont was arraigned in City Court and ordered to appear on May 10. 

Breanna E. Brummond, 32, of Limekiln Road, Lyons, was arrested on two bench warrants issued our of City Court. Brummond is accused of failure to appear on appearance tickets issued in connection with prior arrests. Brummond was arrested on Feb. 3 along with Brittany L. Hollaert, 26, of St. Paul Street, Rochester, after the two women were the subject of a pursuit in a U-Haul van following a reported larceny at a local store. The suspects entered a residence on Burke Drive and allegedly tried to steal the homeowner's car.  Brummond was held in jail pending arraignment in Centralized Arraignment Court.  Her current release status is unknown. Previously: Unexpected visit ends in manhunt, K-9, and arrest in city neighborhood 

Adam Edward Roberts, 31, of Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and unsafe tires. Roberts was stopped at 4:02 a.m. on March 29 on West Main Street Road, Batavia, by Deputy Carolos Ortiz Speed. Roberts was issued an appearance ticket.

Christopher Scott Usselman, 31, no residence provided, is charged with criminal mischief 3rd and obstructing governmental administration 2nd.  Usselman is accused of damaging property inside the Genesee County Jail at 12:30 p.m. on April 18. He was issued an appearance ticket.

Kelly Anne Rodriguez, 50, of Clinton Street Road, Batavia, is charged with criminal contempt 2nd. Rodriguez is accused of violating an order of protection at 8:45 a.m. on April 12 at a location on Clinton Street Road, Batavia. Rodriguez was issued an appearance ticket.

Tylee D. "Love" Gaines, 44, of Summerville Drive, Rochester, is charged with two counts of criminal sale of a controlled substance 3rd, three counts of criminal possession of a controlled substance 3rd, and one count of criminal possession of a controlled substance 7th.  Gaines was arrested on a warrant stemming from a sealed Grand Jury indictment. The charges were sought by members of the Local Drug Task Force following an investigation into the sale of crack cocaine in the City of Batavia. Gaines is accused of selling crack cocaine to agents of the task force while in the City of Batavia. He was allegedly found in possession of 14 bags of crack cocaine, leading to additional charges not contained in the original indictment. Gaines was arraigned in County Court and released under supervision.

Raymond Amaro, 36, of East Main Street, Batavia, is charged with robbery 3rd, assault 2nd, grand larceny 4th, reckless endangerment 2nd, and leaving the scene of a personal injury accident. Amaro is accused of stealing car keys from a victim by force at a location on East Avenue and then striking that person with the vehicle while fleeing the scene on April 4 at an unspecified time. Amaro was arraigned in City Court and held on bail.

Andrew William Taylor, 35, of West Main Street, Batavia, is charged with arson 4th, reckless endangerment 2nd, and criminal mischief 4th.  Taylor was arrested by Deputy Jenna Ferrando. The Sheriff's Office released no information on the incident that led to the arrest of Taylor other than the incident was reported at 7:34 a.m., April 2, at a location on West Main Street, Batavia. Taylor was released on an appearance ticket.

Anthony Freeman Armstrong, Jr., 34, of Calmlake Circle, Rochester, is charged with possession of prison contraband.  Armstrong is accused of possessing contraband inside the Genesee County Jail at 10:35 p.m. on April 7. The Sheriff's Office did not release further information about the circumstances of Armstrong's arrest.  Armstrong was issued an appearance ticket.  Armstrong is also charged with criminal mischief 4th. Armstong is accused of ripping a hot/cold compress rendering it useless while inside the Genesee County Jail on April 12 and 8:30 a.m.

David Edward Brege, 36, of West Center Street, Ridgeway, is charged with promoting prison contraband 2nd and petit larceny. Brege is accused of stealing a $10 bill from another inmate at 4 p.m. on April 5 while in the temporary hold cell/booking area of the Genesee County Jail. He was allegedly found in possession of a $10 bill inside a secure holding area of the jail.  Brege was issued an appearance ticket.

Robert L. Drennen Sr., 41, of Holley Street, Brockport, is charged with grand larceny 4th. Drennen is accused of stealing a debit card on March 30 and withdrawing money from the victim's bank account without permission. Drennen was arraigned in City Court and released on his own recognizance.

Leonard E. Aguayo, 36, of Cross Street, Rochester, is charged with criminal trespass 2nd and resisting arrest.  Officer Sam Freeman reportedly tried to arrest Aguayo on a warrant on March 30. Aguayo allegedly resisted arrest. The warrant was the result of an investigation into a prior incident on South Main Street, Batavia. He was arraigned in City Court. Release status not reported.

Cody J. Nichols, 38, of North Street, Caledonia, is charged with petit larceny. Nichols is accused of stealing $300 in merchandise from a supermarket (the name of the market was not released). Nichols was issued an appearance ticket.

Samantha L. Tate, 30, of Federal Drive, Batavia, is charged with improper turn and DWI/drugs. Tate was stopped at an unspecified time on March 31 on Ellicott Avenue by Officer Sam Freeman. Tate was issued an appearance ticket.

Rickie L. Pitts, 56, of Prospect Avenue, Medina, is charged with DWI, aggravated unlicensed operation 1st, and no/inadequate headlamps. Pitts was stopped at an unspecified time on April 2 on Main Street at Jefferson Avenue by Officer Adam Tucker. His release status was not provided.

Joshua Edward Szumigala, 27, of Orchard Park Road, Oakfield, is charged with DWI, drinking alcohol or using cannabis in a motor vehicle, driving left of pavement markings, and moving from lane unsafely. Szumigala was stopped at 5:42 p.m. on April 1 on Batavia Oakfield Townline Road by Deputy Jacob Kipler. Szumigala was arraigned in Centralized Arraignment Court. His release status was not provided.

Rosemary Renee Waters, 37, no permanent address, is charged with petit larceny.  Waters is accused of stealing merchandise from an undisclosed store on Veterans Memorial Drive at 9:28 on April 7.

Justin Ryan Nadrowski, 31, of Pratt Road, Batavia, is charged with unlawful surveillance 2nd.  Pratt is accused of hiding a camera inside the bedroom of another person at a location on Pratt Road.  Nadrowski was jailed pending his arraignment.

Joshua M. Ruffin, 27, of Burrows Street, Rochester, is charged with criminal possession of a controlled substance 7th.  Ruffin was arrested by Deputy Trevor Sherwood.  The Sheriff's Office did not release details on the circumstances of his arrest. He was arrested on Main Street, Batavia, at 10:19 p.m. on March 19. He was arraigned in City Court and released. 

Ivette Amanda Dejesus, 21, of West Colvin Street, Syracuse, is charged with petit larceny. Dejesus is accused of stealing merchandise, along with two other women, from the Old Navy store in Batavia. Dejesus was processed at the Genesee County Jail and released on an appearance ticket.

Jennifer Sandra Lee, 39, of Therston Road, Rochester, is charged with criminal possession of a controlled substance 7th and promoting prison contraband 1st. Lee is accused of possessing a controlled substance and drug paraphernalia while inside the Genesee County Jail on April 11 at 4:54 p.m.  Lee was held pending arraignment.

Allison Ann Forsha, 31, of Nunda, is charged with two counts of petit larceny. Forsha is accused of shoplifting on April 11 from Dick's Sporting Goods and Target in Batavia. Forsha was issued an appearance ticket.

Chase P. Ackerson, 24, of Henrietta, is charged with DWI and driving with a BAC of .08 or greater. Ackerson was stopped by State Police at 9:29 p.m. on April 15 in the Town of Le Roy. He was issued an appearance ticket.

Palen Cordell, 19, of Le Roy, is charged with grand larceny 3rd. Cordell was arrested by State Police in connection with an incident reported at 11:15 a.m. on April 11 in the Town of Batavia. Cordell was also charged with criminal possession of stolen property 5th  for an incident reported at 6:10 p.m. on April 14 in the Village of Le Roy. The State Police did not release details on either incident. Cordell was released on his own recognizance. 

Genesee County Court Judge Melissa Lightcap Cianfrini this afternoon remanded a Town of Alabama man to county jail for at least the next several days while attorneys on both sides look into the circumstances surrounding an alleged burglary on the Tonawanda Indian Reservation.

Isaac D. Abrams, 22, who apparently owns smoke shops and dispensaries on the reservation, was charged by State Police with second-degree attempted burglary, a Class C felony, in connection with an incident at a dispensary on the evening of March 10.

He was arrested on March 30 and subsequently released with non-monetary conditions pending today’s court appearance.

Abrams has been under intensive probation supervision as a result of previous criminal charges, including first-degree burglary of a dwelling, causing injury, a Class B felony, and third-degree assault, a Class A misdemeanor.

During today’s proceedings and in light of the latest charges, Cianfrini pointed out that the probation department has recommended the revocation of Abrams’ IPS status – action supported by Assistant District Attorney Andrew DiPasquale.

At that point, Fred Rarick, who has represented Abrams since 2018, claimed that the charges were “merely allegations” and that his client turned over recordings that will show that “some people have ulterior motives.”

Rarick said that Abrams was invited to mediate a dispute at the business, and that the business owner, Cassi Abrams, “notified state troopers that my client did absolutely nothing wrong.”

“It’s a little bit premature to revoke the IPS,” Rarick said, adding that Abrams has been doing well in mandated drug treatment court.

Cianfrini, however, indicated that Abrams tested positive for marijuana on Thursday, and at that point, asked both lawyers to approach the bench. Following a five-minute discussion – during which Rarick could be heard stating that Abrams was asked to assist in the dispute involving family members – Cianfrini rendered her decision.

“I’m not revoking the interim probation supervision, but these are serious allegations,” she said. “I am remanding you, without bail, at this point (to let the attorneys research this).”

Before being handcuffed and led out of court, Abrams pleaded with the judge to set him free as “I need to get more recordings, please.”

Abrams is scheduled to return to treatment court next Thursday – two days after a scheduled appearance in Alabama Town Court.

Outside the courtroom after adjournment, Rarick said he respected Cianfrini’s decision, “but it’s just very interesting that this allegedly occurred weeks ago and he was just recently arrested.”

“Severe allegations of an armed robbery and he threatened to kill somebody? He did go and talk to the troopers and he explained everything. There are recordings which, when we go to trial, will be brought out to find out what these motivations are.”

Rarick also said there is a co-defendant in the matter.

“We’ll have to talk to his attorney. I don’t know, I wasn’t there,” he said. “There’s a lot going on with Mr. Abrams. He had his dispensary and he had another dispensary that was burned down. His other dispensary was robbed. So, I’m going to be looking into the motivations of these people.”

Concerning the positive test for marijuana, Rarick said that he has been informed that Abrams possesses a medical marijuana card.

“This whole thing is about relations, land disputes and it’s so sad,” he said, noting that cousins are at odds with each other, “Things that are happening on the Reservation. It used to be who gets to have a fuel station and now it’s who gets to have dispensaries there – and there are dispensaries every 50 feet or so.”

Rarick said Abrams was accused of taking money from a safe.

“I do question that when there is an allegation that a gun was involved, why the troopers didn’t go out immediately -- they know where Mr. Abrams is – to find this guy,” he said. “It doesn’t make any sense and I think that will come out in the trial once we get these people under a real oath versus a misdemeanor.”

Previously: Judge gives Tonawanda resident a chance to put his past behind him

Isaac D. Abrams, 22, of Alabama, is charged with robbery 2nd. Abrams was arrested by State Police in the Town of Alabama in connection with an incident reported at 10:02 p.m., March 10. He was ordered held on cash bail. No further details were released.

Matthew Jacob Zon, 41, of East Main Street, Byron, is charged with criminal contempt 1st and criminal possession of a controlled substance 7th.  Zon is accused of violating a stay-away order of protection at 9:17 a.m. on March 32 at a location in Byron. He was allegedly found in possession of a controlled substance at the time of his arrest by Deputy Travis DeMuth.

Scott Earl Clark, 62, of Main Road, Stafford, is charged with DWI, failure to obey a police officer, and driving left of pavement markings. Clark was stopped at 6:37 p.m., March 10 on Ford Road in Elba by Deputy Nicholas Chamoun. Clark was held in the Genesee County Jail pending arraignment.

Anthony Jason Gostomski, 35, of Fredro Street, Buffalo, is charged with DWI, DWI with a child in the car, and endangering the welfare of a child. Gostomski was stopped at 6:57 p.m. on April 3 on Route 20 in Darien by Deputy James Stack.

Andrew William Taylor, 35, of West Main Street Road, Batavia, is charged with criminal mischief 4th. Taylor is accused of damaging a metal bed frame in the Genesee County Jail at 10:51 p.m. on April 3. He was issued an appearance ticket.

Thomas H. Hayes, 76, of Byron, is charged with DWI and driving with a BAC of .08 or greater. Hayes was stopped by State Police at 6:36 p.m. on April 4 in the Town of Byron. He was issued an appearance ticket.

Frank W. Landseadel, 63, of Attica, is charged with DWI and driving while impaired by drugs. Landseadel was stopped at 3:01 p.m. on April 3 by State Police in the Town of Alexander. He was released on an appearance ticket.

David E. Brege, 36, of Medina, is charged with criminal impersonation 2nd and identity theft 2nd. Brege was arrested by State Police in connection with an incident reported at 11:20 a.m., March 29, in the Town of Batavia. He was issued an appearance ticket. No other information released.

Press release:

The Batavia Police Department is investigating a larceny that occurred at United Memorial Medical Center on 3/24/2023.  The victim's stolen credit card was used shortly thereafter at our local Target.  The two individuals pictured are the ones suspected of using the stolen credit card.  If anyone has information leading to the identification of these individuals, please contact Officer Andrew Mruczek at (585) 345-6350.  

Kyle J. Schroeder, 26, of Clinton Street Road, Batavia, was arrested on four bench warrants issued by Batavia City Court on March 22 by Officer Wesley Rissinger. The bench warrants stem from four separate incidents.  Schroeder is accused of entering a residence on April 23 on Liberty Street, Batavia, and stealing a pack of cigarettes. He was arrested on April 24 and issued an appearance ticket. Schroeder was arrested on April 29 and accused of driving while under the influence of drugs and of criminal possession of a controlled substance 7th. He was arraigned in City Court and released. Schroeder was arrested on Aug. 25 after patrols were dispatched to the rear of a business on East Main Street to check a report of a man "tweaking out."  After being identified, Schroeder was arrested on bench warrants for alleged failure to appear. He was also charged with criminal possession of a controlled substance 7th after allegedly being found in possession of crack pipes and baggies. He was arraigned in City Court and released. Schroeder was arrested on Oct. 20 on a charge of criminal mischief while at court on another matter. Schroeder allegedly kicked and damaged an electrical lock box on the exterior of a business on Jackson Street so he could charge a mobile phone.  He was arraigned and released under supervision. On Jan. 28, Schroeder was arrested on multiple warrants related to the previous arrests.  Following his arrest on March 22, Schroeder was arraigned in Centralized Arraignment Court. His release status is unknown.

Christine M. Caplis, 42, of Clinton Street Roa, Batavia, is accused of failure to appear and was arrested on a bench warrant on March 23 by Officer Sam Freeman. Caplis was arrested after Freeman spotted her walking on Summit Street in Batavia. She is accused of failure to pay for services at a local restaurant on Nov. 5., 2021. She was arrested on six subsequent bench warrants related to the original charge. Arrest dates: Dec. 28, 2021, June 26, 2022, Aug. 13, 2022, Sept. 18, 2022, Oct. 7, 2022, and Feb. 18, 2023. Following her arrest on March 23, Caplis was arraigned in Centralized Arraignment Court, and her release status is unknown.

Marquis K. Saddler, 32, of Post Avenue, Rochester, is charged with tampering with evidence, criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, failing to yield to an emergency vehicle and illegal turn signal. Saddler is accused of throwing a narcotic out of the driver's side window during a traffic stop on March 13 at an unspecified time on Naramore Drive. Saddler was arraigned in Centralized Arraignment Court and held in the Genesee County Jail.

Alexander C. Schwartz, 27, of Harwin Drive, Rochester, was arrested on a bench warrant for failing to appear and is charged with bail jumping 3rd. Officer Kevin Defelice arrest Schwartz on March 22. Schwartz was transported from the Niagara County Jail to Batavia City Court, where he was arraigned and remanded to the Genesee County Jail in lieu of bail.  Schwartz was first arrested on Nov. 13 and charged with aggravated unlicensed operation 1st and speeding.

Jamie L. Broadbent, 40, of W Main Street, Batavia, was arrested on a bench warrant. Broadbent is accused of failure to appear on a grand larceny 4th charge. She was arrested Sept. 10 for allegedly stealing an electric bicycle. She was issued an appearance ticket and is accused of failing to appear as ordered to answer to the charge. She was arrested on the warrant by Office Megan Crossett on March 21.

James A. Reinhardt, 54, of South Lake Road, Corfu, is charged with aggravated DWI, failure to keep right, moving from lane unsafely, and failing to use designated lane. Reinhardt was stopped at 2:22 a.m. on March 18 on West Main Street, Batavia, by Officer John Gombos. Reinhardt was issued an appearance ticket.

Joanne M. Robbins-Lockwood, 55, of Bank Street, Batavia, is charged with DWI and operating with no headlights. Robbins-Lockwood was stopped at 9:20 p.m. on March 17 on Ross Street, Batavia, by Officer John Gombos. She was issued an appearance ticket and released.

Johnney L. Shannon, 64, of Creek Road, Batavia, is charged with criminal possession of a controlled 7th. Shannon was stopped on Washington Avenue on March 19 by Officer John Gombos. Gombos requested the assistance of Officer Stephen Quider and K-9 Batu. Shannon was allegedly found in possession of several bags of narcotics inside the vehicle. Also arrested and charged with criminal possession of a controlled 7th was Loretta L. Baer, 51, of Wood Street, Batavia. Both were released on appearance tickets.

Haley M. Larnder, 23, of River Street, Batavia, is charged with criminal possession of a controlled 7th. While arresting Larnder on a bench warrant, Officer Wesley Rissinger allegedly found Larnder in possession of a narcotic. Larnder was issued an appearance ticket and turned over to the Sheriff's Office on the warrant.

Michael S. Veihdeffer, 50, of South Royal Parkway, Lockport, is charged with DWI and equipment violations. Veihdeffer was stopped at 1:45 a.m. on March 19 on West Main Street Road by Officer Joseph Weglarski. He was issued an appearance ticket and released to a third party.

Curtis Middlebrooks, Jr., 33, of Bloomingdale Road, Alabama, is charged with harassment 2nd. Middlebrooks was arrested by Deputy Jonathan Dimming in connection with an incident reported at 6:55 p.m., March 18, on Bloomingdale Road, Alabama. No information was released on the nature of the incident. He was arraigned in Centralized Arraignment Court and released on his own recognizance.

Brian Carl Valyear, 18, of Alexander Road, Alexander, is charged with DWI and driving with a BAC of .08 or greater. Valyear was arrested at 12:27 a.m., March 18, on Alexander Road, by Deputy Trevor Sherwood after Sherwood was dispatched to investigate a report of a vehicle blocking the roadway.  Valyear was released on an appearance ticket.

Jason Howard Freeman, 41, of South Spruce Street, Batavia, is charged with criminal possession of a controlled substance 7th. Freeman is accused of possessing narcotics when he was taken into custody on an unrelated charge on Nov. 2 on West Main Street, Batavia. He was issued an appearance ticket.

Weldon Jarreau Ervin, 31, is charged with assault 34d and unauthorized use of a motor vehicle. Ervin is accused of recklessly causing an injury to another person during a disturbance reported at 8:30 a.m., March 26, at a location on Alleghany Road, Pembroke. He also allegedly took the vehicle of another person without permission.  He was ordered to appear at a later date in Town of Pembroke Court.

Jason S. Hall, 33, of Medina, and Terry L. Depoty, 34, of Albion, are both charged with grand larceny 4th and criminal possession of stolen property 4th.  Hall and Depoty were arrested by State Police in connection with an incident reported in the Town of Batavia at 11:20 a.m., March 29.  Hall was released on an appearance ticket and Depoty was ordered held in jail. The State Police did not release more information on the arrests.

Michael J. Mess, 30, of Alexander, is charged with grand larceny 3rd and insurance fraud. Mess was arrested by State Police in connection with an incident reported at 9:30 a.m. on March 15. He was released on his own recognizance. The State Police did not release any further information.

A 30-year-old Batavia woman agreed to a plea deal this week stemming from welfare fraud-related chages.

Chandah Sundown entered a guilty plea in Batavia Town Court to one count of disorderly conduct.

The plea satisfies her arrest previously on charges of filing a false instrument in the first degree, 11 counts, and one count of grand larceny in the third degree

She was arrested for failing to report that the father of her children was also residing in their home and earning an income. 

Sundown was given a one-year conditional discharge and has made full restitution of $8,353.

The Genesee County Department of Social Services asks that anyone suspecting welfare fraud can report it by calling (585) 344-2580, ext. 6417 or 6547.  All calls are confidential.

Beth Ann Jeffers is indicted on two counts of promoting prison contraband in the first degree, a Class D felony, two counts of criminal possession of a controlled substance in the third degree, a Class B felony, one count of criminal possession of a controlled substance in the 4th degree, a Class C felony, and one count of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Jeffers is accused of introducing or being in possession of dangerous contraband while in a criminal detention facility, namely the Genesee County Jail at 14 West Main St., Batavia. She is accused of being in possession of cocaine, Fentanyl, both with the intent to sell it. She is also accused of being in possession of Pregabalin.

A 21-year-old Batavia man accused of possessing a loaded firearm on school grounds turned over a short video -- under court order -- to the District Attorney on Wednesday that his attorney says will exonerate him.

The attorney, Zack Baisley, with an office in Gates, said his client authorized him to share information about the case with The Batavian after The Batavian reported his Grand Jury indictment on Thursday.

"My client is tired of seeing his name dragged through the mud for something he didn't do," Baisley said.

Delonta Rashid Sharif Curry was arrested in relation to an incident reported on Feb. 22, 2022, at 31 Washington Ave., Batavia, the location of St. Paul Lutheran School.  

Baisley was assigned to the case through the county's assigned counsel program (used when a public defender isn't available) to represent Curry.

Chief Shawn Heubusch declined to comment on the case given the ongoing nature of the investigation and pending criminal prosecution, and so far, Bataiva police have released little information about the case, so this narrative of events is based on information provided by Baisley without verification by Batavia PD.

At 8:30 p.m., according to Baisley, two girls went to the school grounds to fight, and there was a group of people there observing.  Two people, including his client, used their phones to video record the fight.

During the fight, somebody fired a weapon toward a group of people.  A person in that group, wearing a mask, returned fire.

No injuries were reported as a result of the incident.

Batavia PD investigators arrested Curry in October, and a grand jury indicted him this month on counts of criminal possession of a weapon in the second degree, a Class C violent felony, and criminal possession of a weapon on school grounds, a Class E felony. 

Baisley said his client had offered a snippet of the video he claims to have recorded during the incident, but police asked for the entire one-minute and 36-second video.  Curry declined to share the entire clip. In response to a subpoena, Curry and Baisley provided the entire video to the District Attorney.  Baisley believes Investigator Jason Ivison has since received the video and is reviewing it for evidence.

The video will show, Baisley said, along with a corroborating surveillance video from the school, that Curry was clearly not the person in the crowd with a gun.  He said Curry's voice can be heard on the video, and another person can be seen talking with him.  The surveillance, which was taken some distance from the incident, shows two people with phones making videos, and neither is the shooter. 

"I believe, ultimately, the DA will wind up dropping the case against my client," Baisley said.

Also arrested in connection with the incident was Lorenzo J. Baker, 19, of Batavia. Baker is facing a Grand Jury indictment on counts of attempted first-degree assault, three counts of second-degree criminal possession of a weapon and first-degree reckless endangerment.

He was arrested in April following a traffic stop that was followed by an Emergency Response Team raid of his residence at 36 Dellinger Ave. Officers reportedly found a loaded .32 caliber revolver in his possession.

Jessica L. Holtz, 39, of Austin Street, Rochester, was arrested on two bench warrants out of City Court. The first bench warrant stems from a petit larceny charge at Kwik Fill, 99 Jackson St., on Nov. 18, 2021. She was issued an appearance ticket at the time of her arrest on Nov. 27, 2021. She was subsequently arrested for alleged failure to appear on Feb. 2, 2022. She was arraigned in City Court and released. She was subsequently arrested on May 1 for alleged failure to appear. She was arrested again on Jan. 29 for alleged failure to appear and arraigned in Centralized Arraignment Court, release status unknown.   The second warrant stems from a petit larceny from a church on South Swan Street on Nov. 27, 2021. She was arrested on a warrant on Feb. 2, 2022, arraigned in City Court and released. She was arrested on May 1 and on Jan. 29 for alleged failure to appear on that charge. She was again arrested on March 11 on both warrants. She was arraigned in Centralized Arraignment Court. Her release status is unknown.

Alexandro Rodriguez, 26,  of East Main Street, Batavia, is charged with criminal contempt 1st. Rodriguez allegedly violated an order of protection during a disturbance at a location on East Main Street on March 9 at an undisclosed time. He was arraigned in City Court on his own recognizance.

James N. Laurich, 37, of Buffalo Road, East Aurora, is charged with DWI, aggravated unlicensed operation 3rd, unlicensed driver, and open alcohol container in a motor vehicle. Laurich was arrested by Officer John Gombos on March 11 following an investigation into a disturbance at an undisclosed location and an undisclosed time. Laurich was stopped on Washington Avenue. He allegedly failed a field sobriety test. He was processed at Batavia PD and issued traffic tickets.

Carolyn L. Kurek, 80, of State Street, Batavia, is charged with harassment 2nd. Kurek is accused of shoving another person during a disturbance on State Street at an undisclosed time on March 10. She was issued an appearance ticket.

Shawn Lewis Anderson, 42, of Linwood Road, Le Roy, is charged with DWI, unregistered motor vehicle, unlicensed operation, uninspected motor vehicle, and moving from lane unsafely.  Anderson was arrested following an investigation by Deputy Travis Demuth into a single-vehicle rollover accident on Linwood Road at 1:51 p.m. on March 14. Anderson was issued traffic tickets.

Steven Andrew Wasielewski, 39, of Phelps Road, Pembroke, is charged with criminal contempt 1st and assault 3rd. Wasielewski is accused of violating an order of protection and hitting another person, causing an injury at 10:07 p.m. on March 19 at a location on Phelps Road in Pembroke. His release status was not provided.

Mark Samuel Robbins, 41, of South Lake Avenue, Bergen, is charged with two counts of harassment 2nd.  Robbins is accused of shoving one person and striking another during a disturbance reported at 9:44 p.m. on March 16 at a location on South Lake Avenue, Bergen.  Robbins was issued an appearance ticket.

Delonta R. Curry is indicted on counts of criminal possession of a weapon in the second degree, a Class C violent felony, and criminal possession of a weapon on school grounds, a Class E felony. Curry is accused of possessing a weapon on school grounds in the City of Batavia on Feb. 22 with the intent to use the weapon against another person.

James J. Santiago Jr., is indicted on one count of failure to register a change of address as a sex offender, a Class E felony. Santiago is accused of failure to notify the NYS Division of Criminal Justice of a change of address within the required 10 days for a registered sex offender in July.

Isaac C. King is indicted on counts of criminal contempt in the first degree, a Class E felony and aggravated family offense, a Class E felony. King is accused of making repeated phone calls to a victim in violation of a court order in December in the Town of Pembroke.

Jarrod K. Fotathis is indicted on counts of grand larceny in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, criminal possession of stolen property in the fourth degree, a Class E felony, petit larceny, a Class A misdemeanor, and unlawful possession of personal identification in the third degree., a Class A misdemeanor. Fotathis is accused of stealing a credit card in the City of Batavia on Sept. 2. He is also accused of stealing cash from the same victim. In a second indictment, Fotathis is indicted on counts of identity theft in the second degree, a Class E felony and petit larceny, a Class A misdemeanor. Sometime on Feb. 3 or Feb. 4, Fotathis allegedly used a person's identity of a second victim to make purchases of $670.77 using that person's debit card. He also allegedly stole an Amazon Fire Stick. 

Jeffrey A. Hewitt is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony, aggravated unlicensed operation in the first degree, a Class E felony, criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, and driving while ability impaired by drugs. On Sept. 25, Hewitt was allegedly found in possession of a metal knuckle knife. On that date, he was allegedly driving a 2009 Infinity while his driving privileges were suspended or revoked. He was allegedly found in possession of cocaine. 

Rufus G. Johnson is indicted on a count of burglary in the third degree, a Class D felony, and two counts of petit larceny, a Class A misdemeanor. Johnson is accused of entering Walmart at 4133 Veterans Memorial Drive on Oct. 8 with the intent to commit a crime inside the building. He is accused of stealing property while inside the store.

Johnnie M. Waston is indicted on a count of criminal mischief in the third degree, a Class E felony. Waston is accused of damaging the windshield of a 2017 Nissan Murano belonging to another person on July 21.

Jason S. Neth is indicted on counts of unlawful imprisonment in the first degree, a Class E felony, and leaving the scene of an incident without reporting, a Class E felony.  Neth is accused of restraining a person under circumstances that exposed the person to risk of serious physical injury in the Town of Darien on June 11. He is accused of operating a motor vehicle and having caused serious physical injury to another person and leaving the scene.

A suspect in a five-hour standoff at 46 Walnut St., Batavia, on Monday night,  is accused of taking a hostage and wielding a knife while barricading himself in an apartment he didn't live in.

Anthony Armstrong Jr., 34, of Rochester, is charged with burglary in the first degree, a Class B felony, unlawful imprisonment in the first degree, a Class E felony, criminal possession of a weapon in the third degree (a prior conviction) a Class D felony, menacing in the second degree, a Class A misdemeanor, and three counts of criminal mischief in the fourth degree, a Class A misdemeanor.

The incident began at 5:08 p.m. with a hang-up 9-1-1 call.

When officers arrived at the location of the call, they learned Armstrong and a tenant in the complex were arguing and the tenant wanted Armstrong removed. While officers were interviewing the caller, Armstrong entered another apartment without permission of the resident and barricaded himself inside, holding the resident against the person's will. 

Armstong is accused of being armed with a knife. He reportedly made threats to harm himself and placed the victim in fear.

While inside, he allegedly damaged property and refused to allow the victim to call for help.

The Emergency Response Team and Crisis Negotiations Team were dispatched, and Sheriff's deputies responded to assist.

The New York State Police assisted, and the SWAT unit from Monroe County was requested to the scene.

An ERT member began making regular announcements over the unit's loudspeaker system, informing the suspect that he was under arrest and needed to exit the building with his hands in the air.

The victim managed to escape the apartment through an upstairs window and was helped to safety by officers.

Shortly after 10 p.m., officers were able to enter the apartment and take Armstrong into custody.

Armstrong was taken to a Mercy EMS ambulance and transported to UMMC for evaluation.  He was then taken into police custody and arraigned in City Court. He was ordered held in the Genesee County Jail.

A statement from police reads, "The City of Batavia Police Department wishes to thank the Genesee County Sheriff's Office, Genesee County 911 Center, Mercy EMS, City of Batavia Fire Department, Monroe County Sheriff's Office, New York State Police, Genesee County Office of Emergency Management and Genesee County Mental Health for their assistance in helping to bring this situation to a safe resolution."

Previously: ER Team on site issuing an arrest to person inside Batavia residence

An Emergency Response Team is on-site at a residence on Walnut Street in Batavia and has issued repeated warnings to an occupant that "you are under arrest."

"Exit the residence immediately," a member of the team said through a public address system around 8:40 p.m. Monday. 

The occupant cannot be seen inside the property.

Law Street and the roundabout are closed to traffic. 

UPDATE 10:26 p.m.: Press Release

Currently the City of Batavia  Police Department, along with other law enforcement agencies, are investigating an incident on Walnut Street that began at approximately 5 p.m.

Initial call to the Genesee County 911 Center was a 911 hang-up call. Upon investigation by our officer it was determined that a crime was in progress. Officers attempted to interview an individual, however the individual retreated into an apartment and barricaded themself inside. The individual was armed with a weapon at the time of contact.

At this time all tenants of the apartment house have been evacuated and there is no threat to the general public. Officers are actively trying to negotiate with the individual to get them to surrender peacefully. All residents in the area are asked to remain indoors until the incident is resolved.

Further information will be released when the incident is brought to a resolution.

UPDATE 10:28 p.m.: Suspect is in custody and being treated in an ambulance on site. 

UPDATE 10:35 p.m.: Press Release

 At approximately 10 p.m. a male suspect was taken into custody.  The investigation is ongoing and the Batavia Police Department will release more information as it becomes available.

UPDATE 12:10 a.m. (By Howard Owens): Shortly after 5 p.m. on Monday, police were dispatched to 46 Walnut St., Batavia, following a 9-1-1 hang up call. The first officers on the scene determined a possible crime was in progress. Officers attempted to interview an individual at the address. The individual retreated into a second-floor apartment and barricaded himself or herself inside.  Police report the individual was armed with an unspecified weapon.  All of the tenants of the complex were evacuated.  Police stated during the incident that there was no threat to the general public. Officers attempted to negotiate with the individual.  The Emergency Response Team was dispatched. Batavia PD also deployed its MRAP. Eventually, the Monroe County SWAT unit also arrived on scene with two armored vehicles. Genesee County Emergency Management responded with its command unit. Emergency Management deployed its drone over the scene. A K-9 was also observed at the scene. Negotiators from Batavia PD and the Sheriff's Officer were on scene. At about 10 p.m., the subject was taken into custody. The process by which he was taken into custody is not known at this time and was not visible to a reporter observing the scene. The charges against the individual, if any, have not been released at this time.  After the subject was in custody, he was placed in a Mercy EMS ambulance for evaluation.  It's unknown if the subject was taken to a hospital.

The Batavian's exclusive photos from the scene by Howard Owens.  The photos show the SWAT team from Monroe County outside 46 Walnut St., Batavia.

After multiple inquiries, The Batavian has learned that animal abuse charges against Cassandra Elmore have been resolved, and the dog she was accused of allowing to ingest narcotics has a new home.

Elmore had actually entered a guilty plea, as part of a plea agreement, to disorderly conduct on Feb. 2, a month before our last story on the case, but nobody associated with the case informed The Batavian of the plea when we inquired about the status of the case.

Oddey, Elmore's former French Bulldog, was adopted the same day as when the article ran, March 3, and The Batavian's inquiry to a member of Volunteers for Animals about the dog's status also went unanswered.

Elmore entered her plea and was granted a conditional discharge, meaning that if she avoids any further arrests and complies with court orders for the next year, her record on these charges will be sealed.

Elmore, 30, was arrested in July and had faced three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Batavia PD is currently trying to locate Elmore, who has warrants out for her arrest after she was released from custody after being picked up on prior warrants, in order to go to a treatment facility. She reportedly never showed up at the facility.

The warrants are for charges that arose after her arrest on the animal charge.  She is facing ongoing criminal complaints on charges of obstruction of governmental administration 2nd, aggravated unlicensed operation 3rd, criminal possession of a weapon 4th, criminal use of drug paraphernalia 2nd, as well as failure to comply with a court-ordered program.

Douglas M. Ashworth, 48, of Vine Street, Batavia, is charged with menacing. Ashworth is accused of pointing a rifle at two youths on Oct. 9 on Vine Street in Batavia and placing the individuals in reasonable fear of injury or death. He was arrested on Feb. 28 and issued an appearance ticket.

John J. Saddler, 35, of South Main Street, Batavia, is charged with burglary 2nd, aggravated criminal contempt, grand larceny 4th, and petit larceny. Saddler is accused of entering the home of a person projected by a court order and stealing property, including an NYS benefits card and then using the card at a local business. He was arraigned in City Court and jailed until his next court appearance.

Sarah A. Malone, 40, of Graham Street, Batavia, is charged with theft of services and criminal impersonation 2nd. Malone is accused of dining at a restaurant in the City of Batavia on Feb. 21 and leaving without paying for her meal. Once located, Malone allegedly provided officers with a fake name and date of birth. She was issued an appearance ticket.

Ariel N. Pontillo, 32, of Washington Avenue, Batavia, is charged with DWAI drugs and failure to keep right. Pontillo was stopped by Officer Joseph Weglarski at Main and Court streets in the City of Batavia on Feb. 25.

Michael E. Wilson, 29, of East Main Street Road, Batavia, is charged with DWI and insufficient tail lamps. Wilson was stopped at 2:32 a.m. on Feb. 26 on East Main Street in Batavia by Officer Joseph Wglarski. Wilson was issued an appearance ticket.

Rebecca R. Fugate, 22, of Woodrow Road, Batavia, is charged with harassment 2nd. Fugate is accused of striking another resident of a residential care home in Batavia on Feb. 24. She was issued an appearance ticket.

Heather L. Armstrong, 46, of Ellicott Street, Batavia, is charged with harassment 2nd. Armstrong was arrested on Feb. 28 following a report of a disturbance at a business in Batavia. She was issued an appearance ticket.

Brittany L. Hollaert, 26, of St Paul Street, Rochester, is charged with failure to appear. Hollaert is accused of failing to appear in court as ordered on charges of grand larceny 3rd, petit larceny, and criminal trespass charges. She was released on her own recognizance and admitted into a drug treatment facility. Her case will be transferred to SAFE Court.

Grant J. Fremstad, 22, of Ekern Street, Westby, Wis., is charged with DWI, driving with a BAC of .18 or greater, improper lane usage, and open container. Fremstad was stopped at 2:23 a.m. on March 5 on East Main Street by Officer Joseph Weglarski. Fremstad was released on an appearance ticket.

Demerio J Watts, 38, of Eggert Road, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, and failure to signal. Watts was stopped at 1:18 a.m. on Ellicott Street in Batavia by Officer John Gombos. He was issued an appearance ticket.

Phillip D. Byford, 32, of Brockport Spencerport Road, Sweden, was arrested on City Court bench warrants. The first warrant for an alleged petit larceny on Jan. 24, 2020. He was issued an appearance ticket and allegedly failed to appear in court. The second warrant was for an alleged petit larceny also reported on Jan. 24, 2020. He is accused of failure to appear on an appearance ticket. The third warrant is for a charge of criminal trespass 2nd at a location on East Main Street, Batavia. He was issued an appearance ticket and allegedly failed to appear.  He was arraigned in City Court and ordered to appear at a later date.

Myia N. Sobus, 19, of South Pearl Street, Oakfield, and Timothy J Alis, 18, of Park Road, Batavia, are charged with petit larceny. Sobus and Alis are accused of filling a shopping cart at an undisclosed store (UPDATE: Through court records, The Batavian confirmed the location was Tops) in Batavia with $897 in merchandise and leaving the store without paying for the items. They were released on appearance tickets.

Shawn M. Sloan, 38) of Porter Avenue, Batavia, is charged with petit larceny and criminal trespass 2nd. Sloan is accused of entering an apartment on Bank Street, Batavia, on March 3, and stealing a kitchen utensil. Sloan was released on an appearance ticket.

Shannon B. Harder, 38, of Bowen Road, Attica, is charged with DWI, unsafe turn, speed in zone, and failure to keep right. Harder was stopped on Center Street, Batavia, on March 8, by Officer Sam Freeman. She was released on an appearance ticket.

Brian Eric Dagar, 37, of Oak Orchard Road, Elba, is charged with petit larceny. Dager is accused of shoplifting at Walmart in Batavia on Feb. 26. Dagar was arraigned in Town of Batavia Court and released.

Evan Francis Maynard, 22, of West Main Street, Batavia, is charged with petit larceny. Maynard is accused of shoplifting from Target in Batavia on March 2. He was processed at the Genesee County Jail and released.

Jeanna Marie Hattaway, 36, of Park Road, Batavia, is charged with two counts of criminal possession of a controlled substance 7th and aggravated unlicensed operation 3rd. Hattaway was allegedly found in possession of multiple controlled substances during a traffic stop conducted by Sgt. Kyle Krzemien at 3:38 a.m. on March 3 on Lewiston Road, Batavia. She was released on an appearance ticket.

LeeAnna Krull, 53, of West Main Street, Batavia, is charged with promoting prison contraband 1st and promoting prison contraband 2nd. Krull was allegedly found in possession of a controlled substance while inside the Genesee County Jail on March 1 at 4:07 p.m. She was arraigned in Centralized Arraignment Court and ordered held.

Beglervoic Denis Ikonic, 20, of East Ridge Road, Rochester, is charged with petit larceny. Ikonic is accused of shoplifting from DIck's Sporting Goods on March 5 at 4:30 p.m.  He was released.

Marie Tiffany Walter, 31, of Putnam Road, Bethany, is charged with petit larceny. Walter is accused of shoplifting from Walmart. She was released on an appearance ticket.

Zachary Austin Laird, 26, of Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, and criminal mischief. Laird is accused of damaging property at a location on Bethany Center Road at 8:15 p.m. on March 1. He allegedly left the scene and drove back while intoxicated. He was arrested by Deputy Nicholas Chmoun and Deputy Kenneth Quackenbush and was held in the Genesee County Jail pending arraignment.

Jeffrey M. Schneider, 44, of Alexander, is charged with DWI. Schneider was stopped by State Police at 7:50 p.m. on March 11 in the Town of Alexander. He was released to a third party.  No further information released.

An attorney for Scott Doll, convicted of murder in 2010, thinks there are questions about the case that deserve answers, but the looming question is whether he convinced a judge in Genesee County on Friday that the law allows for those questions to be asked in a hearing.

"We have too many questions in this case, too many whys," said Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, near the end of a nearly 90-minute hearing before Judge Sanford Church. 

"Scott Doll was sentenced to 15 years to life. He has served 13 years in prison. There are questions about significant evidence, whether it was collected or not, and questions about DNA at the scene when the theory of the prosecution was that Scott Doll was the sole person who committed the crime.

"There is some evidence of another person present," he added. "There is an unknown footprint in the snow.

"We should be interested in the answers to these questions. We shouldn't have these questions floating around in a case as serious as this, what was or was not collected when it was testified that it was? Why was there DNA there that is not the victim's and not Mr. Doll's? We're not sure. There is absolutely enough evidence and enough questions as to what happened in this case to warrant a hearing."

Whether there is enough evidence, and new evidence at that, to warrant a hearing under Criminal Procedure Law Article 440 is one of the questions that Church must answer.  

Deal and Assistant District Attorney William Zickl provided him with passages from the statute that seem contradictory.

On one hand, Church shouldn't decide whether the evidence that might be presented at a hearing would lead him to overturn Doll's conviction. There is case law that says that the quality of the evidence shouldn't be the deciding factor. The language of 440 says he can order the hearing purely "in the interest of justice." 

On the other hand, Zickl argued, the defense failed to make the case that there is any basis to hold a hearing under the language of the statute.  The pleading is deficient in substance and substantiation and therefore fails to meet the standards to proceed with the motion, according to the language of CPL 440.

Doll, 60, formerly of Corfu, was convicted in a jury trial of murder in the beating death of former business partner Joseph Benaquist. During the trial and for the past 13 years, Doll has maintained he didn't kill Benaquist.  He wants a chance to prove to a new jury that there is evidence that somebody else was at the scene of the murder before he arrived and found Benaquist already dead.

Church, who is a judge in Orleans County, is hearing the case because County Court Judge Melissa Lightcap Cianfrini recused herself over a conflict of interest.  She formerly worked in the District Attorney's Office at the time of Doll's trial and subsequent motions.

The new facts Deal is asking Church to consider as new evidence is an apparent admission by Scott LaPoint, a deputy medical examiner in Monroe County, that it was policy and normal procedure to collect fingernail scrapings from a victim in a murder case. That didn't happen in the Doll case.  

Also, Deal says, new DNA tests of one of Doll's family members and two of Benaquist's do not match third-party DNA found on one of the victim's boots.

Deal is trying to thread a needle, and Church asked some seemingly skeptical questions.

A motion to vacate Doll's conviction must be based on new evidence.

In 2016, a motion to vacate was made on the discovery that, contrary to LaPoint's testimony at trial, no fingernail scrapings were taken from Benaquist. Based on defense motions during the appeal process, new testing of the blood-spattered clothing from the crime scene was ordered by Judge Robert Noonan.  That led to the discover of DNA that apparently matches neither Doll nor Benaquist.

So, the jury did not know that there were no fingernail scrapings taken from Benaquist and the jury did not know that about the possibility of third-party DNA at the scene of the crime.

That motion to vacate based on these then-new discoveries was rejected by then interim County Court Judge Michael F. Pietruszka on the ground that if the new evidence had been available to the jury, it wouldn't have led to an acquittal for Doll.

Doll lost subsequent appeals of Pietruszka's decision.

Since those two facts have been adjudicated, they can no longer be considered "new evidence."

That leaves Deal arguing that what Pietruszka didn't know at the time of his decision was that, by policy and procedure in the Monroe County Medical Examiner's Office, LaPoint should have collected fingernail scrapings. The fact that LaPoint didn't, despite the policy and usual practice, raises a question as to why, and that question deserves an answer that can only be obtained in a hearing, Deal reasoned.

Church wanted to know if Deal was implying something underhanded went on in the case, and Deal walked carefully around that question.

"What we need is a hearing to fully explore what happened with that evidence," Deal said. "Why wasn't it collected? What if anything is going on, or is it something else? We don't know, and we should know. This is a man's life."

Church accused Deal of a fishing expedition, and Deal said that isn't the case. 

"If we have a hearing, Mr. LaPoint comes in and testifies under oath, bringing his notes, bring whatever else might be related, to help his recollection," Deal said.

The DNA comparison from relatives of the defendant and victim is significant, Deal said, because it means some person unknown to the defendant was at the scene of the murder, substantiating Doll's claim that he wasn't there at the time of the murder.

According to Zickl, none of this represents new evidence; to the degree that it does or might, it is of minimal importance, he said.

First, Zickl argued that Deal's motion is insufficient on technical grounds. The information from LaPoint about policies and procedures isn't in the form of an affidavit, and the same is true of the new DNA results.

"It is required that the defendant support his motion and substantiate all essential facts of his claim," Zickl said. "That substantiation has not occurred based on these papers."

Beyond that, even if Doll were granted a new trial and LaPoint testified that yes, fingernail scrapings should have been taken, and no, they weren't, and he didn't know why, that wouldn't persuade a jury to reach a different verdict faced with the overwhelming physical evidence of Doll's guilt.

The jury heard testimony in 2010 that the fingernail scrapings were not tested for DNA. The only thing that's changed is that LaPoint was mistaken, Zickl said, in testifying that fingernail scrapings were taken when they were not.

The defense had the opportunity before the trial to request a test on the scrapings. The defense did not make such a request.

Benaquist was murdered, beaten to death, on Feb. 16, 2009, in the driveway of his home in Pembroke. Before his body was found, a deputy came across Doll walking on South Lake Road in a jumpsuit covered in blood.  At trial, a blood spatter expert testified that the patterns of blood on Doll's clothing and face were consistent with an assault on another person.

Deal has noted that Benaquist had defensive wounds on his hands, but Doll was found to have sustained no injuries the night of the murder.

As for the third-party DNA, Zickl said the Medical Examiner's report does not conclude that the DNA comes from blood and that it is mixed in with Benaquist's blood.  It's not as clear cut as Deal asserts that there was third-party blood on Benquist's boot.

Deal wants a hearing, also, so the DNA sample can be submitted to a national crime database to see if it matches anybody in that database.  That would answer the question, perhaps, of who else was at the murder scene, Deal said. Zickl said the fragment of DNA isn't of sufficient quality for that kind of test. Deal said it was sufficient enough to know it didn't match the family members tested.

Zickl said, based on Noonan's order during the previous appeal, that the defense requested dozens of new areas on clothing be tested.

"Out of the dozens of areas, this one area produced this fragment of DNA that could not be attributed to the defendant or the victim, though Joseph Benaquist is a major contributor of the sample that includes this biological substance. We don't know how, why, or even what this biological substance comprised."

Deal said in his papers and mentioned it again during Friday's hearing that a blood splatter expert has stated the DNA sample could have only arrived on Benaquist's boot at the time of a struggle. 

Zickl implicitly disputed that claim.

"There is so much not known about this fragment," Zickl added. "We don't know when it was deposited, who, or what it is."

Despite Zickl's insistence that the abundance of evidence points to Scott Doll's guilt and nothing new has been presented that would suggest he didn't kill Joseph Benaquist, Deal maintained that Doll deserves a legally substantiated answer to the questions that still dangle in the case.

"When you stand back and look at all the pieces, there are good reasons to believe that someone else was at this crime scene when this crime occurred," Deal said.

Many members of Doll's family attended the hearing. After the hearing, Dawn Doll, Scott's step-sister, leaned over to a reporter and said, "There is a murderer out there who is free."

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.