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March 7, 2013 - 9:24am
posted by Howard B. Owens in batavia, crime, Le Roy.

Robert F. Sargent, 50, of 416 East Center St., Medina, is charged with two counts harassment, 2nd. Sargent is accused of sending 67 text messages to one person and 27 text messages to another person over a period of weeks. The messages allegedly served no legitimate purpose and seriously annoyed the recipients. Sargent turned himself in to Batavia PD.

Samuel James Vernaccini, 19, of South Street, Le Roy, is charged with unlawful possession of marijuana. Vernaccini was stopped at 5:32 p.m. Monday on East Main Street Road, Batavia, by Deputy Joseph Corona for an alleged traffic violation.

March 6, 2013 - 12:41pm
posted by Howard B. Owens in batavia, crime.

Bradley Broadbent poked his finger into the defense desk and told Judge Robert C. Noonan this morning, "I'm never going to be behind this table again, your honor."

Broadbent was sentenced today on his five misdemeanor convictions stemming from his actions July 6 when he was high on a bath salt known as "Amped," that he said he purchased at the former 420 Emporium.

That day, he destroyed a bathroom of an office complex on Liberty Street, climbed on the roof of a house on Hutchins Street, and after leaving the emergency room at UMMC, entered a dwelling on Tracy Avenue.

A jury found him not guilty on all the felony charges he faced, but convicted him of five misdemeanors: two counts of criminal mischief, 4th, two counts of criminal trespass, 2nd, and petit larceny.

Those are charges, he said, he would have entered a guilty plea to if given a chance.

Broadbent said he really wants to get his life straightened out and was hoping for a probationary sentence or weekend incarceration.

"I've been in jail almost my whole life," Broadbent told Noonan. "I know with my record, saying I'm sincerely sorry is hard to take seriously, but I am sorry. This is the last time I'm ever going to be at this table, your honor, regardless of what you sentence me to."

Because of Broadbent's record, District Attorney Lawrence Friedman said, anything less than the maximum sentence available under New York law would be inappropriate.

Broadbent has a history, Friedman said, of violating terms of probation and parole.

Noonan did sentence Broadbent to the maximum for his misdemeanor convictions, which is two consecutive one-year terms in jail. With time served and time for good behavior, Broadbent will be out of jail in seven to eight months.

"You're a poster child for why bath salts had to be banned," Noonan said. "The evidence of your behavior in this trial was nothing short of bizarre, and not only in terms of what you did, but what you were able to do with almost superhuman feats while under the influence of those substances."

But, Noonan said, there's nothing indicating Broadbent could abide by any terms of probation.

"If you turn your life around, nothing would make me happier and the other people in the criminal justice system," Noonan said.

At age 33, Noonan said, it was time for Broadbent to put his childish behavior behind him.

Just before Broadbent was escorted from the courtroom, Noonan added, "I'm going to hold you to your promise that I won't see you back here."

PUBLISHER'S NOTE: Bradley introduced himself to me prior to the hearing. He thanked The Batavian for our fair, accurate and honest coverage of his case. We had a long talk, none of which is really fodder for this story. He did ask me to emphasize that he offers his sincere apology to the community for his behavior, that he realizes with his track record it might be hard for some to believe, but that he really wants to get his life going in the right direction. I believe he's sincere and truly hope he is able to move forward in a positive direction from this day forward.

March 6, 2013 - 10:24am
posted by Howard B. Owens in crime, Le Roy, Pavilion.

A Pavilion mother caught twice drinking and driving, including once with her underage children, will be given 11 months to show to the court she can stay out of trouble.

Judge Robert C. Noonan gave Angela A. Kruse, 40, interim supervision until Feb. 6, when she will returned to County Court for sentencing.

Her sentence will be determined by her conduct over the next 11 months.

Kruse was arrested in June in Le Roy for driving while intoxicated with her children in her car, leading to a felony charge under Leandra's Law. She was arrested a second time following an accident in Covington in September. She reportedly had a child with her in the car at that time as well.

March 6, 2013 - 7:20am
posted by Howard B. Owens in crime, byron, Stafford.

Susan Marie Norway, 29, of Cockram Road, Byron, is charged with two counts of endangering the welfare of a child. Norway was allegedly not at home when her children were dropped off after school by a school bus. The children went to a neighbor's house, where they stayed while the neighbor contacted the Sheriff's Office.

Melissa Marie Morton, 27, of West Middlebury Road, Bethany, is charged with petit larceny and criminal contempt. Morton was arrested on warrants from Stafford Town Court for alleged failure to appear on the charges. She was jailed on $200 bail.

March 5, 2013 - 2:48pm
posted by Howard B. Owens in batavia, crime.

The three men -- including two former City firefighters -- who admitted to a bookmaking charge late last year will work weekends for the community through the Sheriff's Office the next four and a half months, serve three years on probation and pay a $1,000 fine each.

Because the county's work release program doesn't have any openings until March 30, City Court Judge Robert Balbick delayed formal sentencing until March 26.

Greg Phillips, Brian Bordinaro and Lance Engel each appeared in court with their attorneys.

Engel was the first called to the bench and his attorney Joseph LaTona argued that Engel should be given a conditional discharge, meaning no supervised punishment, though he would need to stay out of trouble for a period of time.

All three men entered guilty pleas Dec. 11 to a Class A misdemeanor charge of promoting gambling, 2nd. The maximum sentence available to Balbick on the conviction was up to a year in jail.

LaTona took note that while it's true that his client initially faced felony charges, District Attorney Lawrence Friedman, "a pretty tough guy," agreed to reduce the charge to a misdemeanor for a plea bargain.

"My client had to resign his job of 17 years at the New York state Veterans Hospital," LaTona told Balbick. "In terms of punishment already sustained by my client and his family, that is enough."

Adding later, "He did wrong. He knew he did wrong and he knew it was a crime."

Asked for a statement by Balbick, Engel said, "I take full responsibility for my actions and the embarrassment it caused to members of my family, coworkers and friends."

Friedman (inset photo) acknowledged that even though the charges had been reduced from felonies, including the Class B felony of enterprise corruption, the fact the charges were reduced was already a substantial break.

Friedman supported the Probation Department's recommendation for Engel, which was a period of probation.

"Assuming the defendant is a law-abiding citizen in coming years, then it's not a great hardship for him to be on probation and that's a pretty good disposition for the community in a way I don't feel that a conditional discharge is good for the community."

Balbick said he's thought long and hard about the case, and while he has no doubt Engel is a hard-working family man who made just one "horrible mistake," a sentence of probation wasn't enough.

"It would be a waste of money to put this man in jail, but I do think this man committed a crime and there needs to be accountability to the citizens of this community," Balbick said.

After Engel's appearance, Bordinaro and Phillips approached the bench in turn. Both were asked if they would accept the same sentence as Engel.

The alternative sentence, Balbick said, was 120 days intermittent jail time.

Both Bordinaro and Phillips accepted Balbick's terms. There was no discussion about the sentence during their appearance before Balbick.

Phillips appeared unhappy with Balbick's offer and his attorney, Larry Andolina (top photo), admitted to reporters outside the courthouse that Phillips was indeed displeased with what transpired in court.

"It was a little more than what I expected, but we'll come back to court on the 26th and we'll deal with it then," Andolina said.

Asked about allegations that Phillips and Bordinaro conducted their bookmaking operation while on duty at the City of Batavia Fire Station, Andolino said the allegation was "nonsense."

Asked why the case had been reduced from felony charges, Andolina said, “The investigation wasn’t handled appropriately.”

Asked if there was a conflict of interest, Andolina said, "yes."

Asked if he would elaborate, he said, "No."

"You have to ask Larry Friedman or the Sheriff?" Andolina said. "They have much more information."

Asked again later if he had evidence to support his allegation that the investigation was mishandled, Andolina said, "Steve Mullen retired, didn't he."

When told that wasn't exactly evidence, Andolina again referred the question to Freidman or Sheriff Gary Maha. 

"You're asking the wrong people," he said and added, "My client still has to get sentenced on the 26h."

Later, Friedman said he wouldn't discuss the matter.

Maha who is out of town, has yet to respond to an e-mail requesting comment.

While Engel expressed remorse in court, neither Phillips nor Bordinaro were given a chance to speak.

Asked if his client, Phillips, was remorseful, Andolina said, "Sure he's remorseful. He lost his job. He lost his pension. He’s got a family. This is not a real big community. He knows a lot of people in this community. This is not a happy time."

Andolina said Phillips has been training to become a barber and can't receive a state license unless Balbick signs a "release from disability," a legal document that would allow Phillips to be licensed for such an occupation.

Balbick said he'll take up that matter on March 26.

Asked to comment on Balbick's characterization that the three defendants committed an offense against the community, Friedman said, "Regardless of how you feel about gambling laws, two of the defendants were professional firefighters and were on the public payroll and the evidence is that they were running the gambling operation on duty at least at times. The other defendant was an employee of New York State Veterans nursing home, so I think in that respect it would be considered offenses against the community."

UPDATE: WIVB's George Richert lead this evening's newscast with a story about the sentencing and included information accusing Mullen of placing bets with the bookies. Richert offered no proof, either in the form of documents or sources, to substantiate the claim. (WIVB Web Story)

March 5, 2013 - 10:39am
posted by Howard B. Owens in batavia, crime, alabamam.

Mark A. Thweatt, 52, of 66 Oak St., Batavia, is charged with petit larceny and conspiracy, 6th. Thweatt is accused of stealing a shopping cart full of beer from Tops on Feb. 18. Store surveillance video and alert residents on Redfield Parkway were instrumental in the investigation, police said. A warrant was issued for Thweatt's arrest following the investigation and he was taken into custody Monday. (Initial Report)

Brandon M. Maldonado, 24, of Tracy Avenue, Batavia, is charged with possession of a forged instrument, 2nd. Maldonado was arrested following an investigation by Deputy Brian Thompson and Investigator Roger Stone into an alleged incident reported Nov. 1. Maldonado was sentenced Monday on a similar charge to a period of interim supervision by the Probation Department and ordered to pay $611 in restitution, which he said he would pay from his tax refund. On the new charge, Maldonado was arraigned in Town of Batavia Court and released.

Steven Michael Smith, 23, of Seminary Street, Auburn, is charged with assault, 3rd. Smith is accused of fighting with another person while at work at 1:15 p.m., Monday, at a location on Route 77, Alabama.

Joseph Zajaczkowski, 57, of Batavia, is charged with DWI and felony aggravated DWI. Zajaczkowski is accused of driving drunk in Niagara County with two 13-year-old passengers, a violation of Leandra's Law. He is also charged with two counts of endangering the welfare of a child.

March 4, 2013 - 4:17pm
posted by Howard B. Owens in batavia, crime.

Kevin L. White, accused of burglary and assaulting a police officer, was pretty indecisive today about whether to accept a plea offer on the multiple charges against him.

When White first appeared in Genesee County Court this morning, his attorney, Fred Rarick, was under the impression he was going to accept the plea offer, but White turned it down.

Rarick and White then met back at the jail where, Rarick said, he explained again all of White's options and the possible consequences of getting convicted by a jury. He also explained an "Alford plea" where White could enter a guilty plea without admitting to the factual allegations, just to the likelihood that he would be convicted by jury.

The case was put back on afternoon calendar and, again, Rarick expected his client to accept the plea offer.

But as Rarick stood before Noonan, he told the judge his client had again changed his mind.

District Attorney Lawrence Friedman said that he will proceed now with a presentation to a grand jury for a possible indictment.

Of course, until a trial date is set, White will still have the option of accepting whatever offer is on the table.

White, 21, of no permanent address, is charged with second-degree burglary for an alleged break-in Aug. 21 in the City of Batavia. He was arrested Jan. 4.

He is also charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, unlawful possession of marijuana and assault, 2nd (causing physical injury to a police officer), and resisting arrest.

White was reportedly at a residence on State Street at 5:51 a.m. on Oct. 14 when Batavia police officers responded to a report of a domestic incident.

While paramedics treated an alleged female victim downstairs, police went upstairs where White and another person had allegedly locked themselves in a bedroom.

Officers kicked in the door and White allegedly tried to flee down the stairs and charge past Sgt. Dan Coffey. He and Coffey fell against the wall, down one stair and spilled into the kitchen, breaking a table and chair. Coffey allegedly suffered a leg injury.

White allegedly continued to struggle with Coffey until another police officer subdued White with a Taser.

During a search of White, he was allegedly found to possess cocaine and marijuana.

White has been in jail since on $20,000 bail or $40,000 bond.

UPDATE: Batavia PD released more information this morning about White's arrest on a burglary charge. White was accused of stealing returnable bottles and cans from a residence on Washington Avenue in August. He was also charged with petit larceny.

March 4, 2013 - 3:46pm
posted by Howard B. Owens in batavia, crime.

A Batavia man accused of eight burglaries in the city will be represented by a private attorney, Judge Robert C. Noonan was informed this afternoon.

Fred Rarick, initially assigned to represent Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, told Noonan that he had been contacted by the family informing him the family retained an attorney to represent Smith.

Noonan noted that the attorney had not yet appeared with Smith nor filed notice with the court, but agreed to call Smith back in a week to appear with his new attorney.

A plea offer has been extended to Smith, District Attorney Lawrence Friedman said, and indicted he is ready to present the case to a grand jury.

Smith was arrested Jan. 1 while allegedly burglarizing a residence on Washington Avenue. Prior to that arrest, there had been a series of burglaries reported in the city that investigators considered to be the work of the same person. Smith has subsequently been charged with seven of those burglaries.

March 4, 2013 - 1:05pm
posted by Howard B. Owens in batavia, crime, byron, pembroke, Pavilion, Bethany, Stafford.

Richard Joesph Liberte, 46, of Batavia Stafford Townline Road, Batavia, is charged with criminal mischief, 2nd, and criminal mischief, 3rd. Liberte is accused of deliberately driving his vehicle into a parked truck and then into a residence, causing substantial damage to the structure at 2:18 a.m., Sunday, at 7997 Batavia Byron Road, Stafford. Liberte was jailed on $5,000 bail.

Yolanda E. Johnson, 26, of 8 Wood St., Batavia, is charged with petit larceny. Johnson is accused of stealing a bag of money from the apartment of a friend.

Melissa M. Morton, 27, of 4802 Middlebury Road, Bethany, is charged with criminal contempt, 2nd. Morton was a passenger in a vehicle stopped for alleged traffic violations on Main Street by Officer Chad Richards. There was an active bench warrant for Morton out of Batavia City Court. She was jailed on $500 bail.

Daniel C. Dilaura, 38, of 32 Brooklyn Ave., Batavia, is charged with harassment, 2nd. Dilaura is accused of hitting a woman he knew in the face. Dilaura was jailed on $10,000 bail.

Brian Lee Smith, 51, of Colonial Boulevard, Batavia, is charged with stalking, 4th. Smith is accused of having continued contact with an ex-girlfriend after being advised by law enforcement to cease all contact.

Patricia Kathleen Vogel, 52, of Exchange Street, Attica, is charged with petit larceny. Vogel is accused of stealing clothing and a book with a total value of $112.58 from Kmart.

Jerry Guity, 21, of Beach 54th Street, Far Rockway, is charged with unlawful possession of marijuana. Guity was a passenger in a vehicle stopped for an alleged traffic violation at 1:47 a.m. Monday on Route 33, Batavia, by Deputy Patrick Reeves. Guity was allegedly found in possession of marijuana.

Stephanie Leigh Hyatt, 19, of State Street, Batavia, is charged with falsely reporting an incident, 3rd. Hyatt allegedly reported that her vehicle was struck in the parking lot of Applebee's and provided a vague description of the "suspect vehicle." Hyatt allegedly later admitted to having an accident on the I-490 in Monroe County at a prior time.

Eric Michael Kelckler, 24, of Pratt Road, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Kelckler allegedly tried turning around in a private driveway on Hopkins Road at 4:15 a.m., Saturday, when his vehicle became stuck in the front yard of the residence. Upon investigation by Deputy Jason Saile, Kelckler was arrested for alleged drunken driving.

Suzanne Ryder, 46, of South Newstead Road, Akron, is charged with felony DWI, felony driving with a BAC of .08 or greater and speeding. Ryder was stopped at 10:24 p.m. Friday on Main Road, Pembroke, by Deputy Patrick Reeves for allegedly driving 53 in a 40 mph zone.

Pamela Lynn Palaszynski, 27, of Tillotson Place, Buffalo, is charged with DWI, driving with a BAC of .18 or greater, speeding, operating without headlights and failure to yield to emergency vehicle. Deputy Patrick Reeves attempted to stop Palaszynski's vehicle on Main Street, Batavia, at 10:39 p.m. Thursday for allegedly speeding (52 in a 45 mph zone) and other alleged traffic violations. Palaszynski allegedly did not stop for 2/10ths of a mile from the original traffic stop location.

Robert James Dempsey, 23, of Prole Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Dempsey allegedly drove his vehicle into a tree on Junction Road, Pavilion, at 2:30 a.m. Saturday. The accident was investigated by Deputy Eric Seppala.

Erik A. Kendell, 34, of East Bethany, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely and leaving the scene of a property damage accident. Kendell is accused of being in involved in car vs. telephone pole accident at 5:20 a.m. Saturday on Route 20, Alexander, and then fleeing the scene. The incident was investigated by Deputy Howard Carlson and Deputy Frank Bordonaro.

March 4, 2013 - 12:25pm
posted by Howard B. Owens in crime, byron.

An alert neighbor helped local law enforcement catch a man who may have been stealing copper pipe from vacant residences.

Donald M. Walls, 34, of Rochester, has been jailed on $25,000 bail after being charged with burglary in the second degree, a Class C felony.

Walls was allegedly located inside a vacant house on Lyman Road, Byron, at 6:40 a.m., Sunday, after a neighbor reported suspicious activity.

Chief Deputy Jerome Brewster said the Sheriff's Office is sharing information about the arrest with State Police and law enforcement in Monroe County on the possibility that Walls was involved in similar crimes in other jurisdictions.

Yesterday morning, Deputy Brian Thompson checked several other vacant houses in Genesee County but found no further break-ins.

The investigation is continuing and is being conducted by Thompson, Deputy John Duyssen, Sgt. James Meier and Investigator Kris Kautz.

People with additional information that may be related to the investigation can contact the Sheriff's Office at (585) 343-5000.

March 1, 2013 - 10:04am
posted by Howard B. Owens in batavia, crime, Oakfield.

Robert Augustus Hilchey, 60, of North Pearl Street, Oakfield, is charged with theft of services. Hilchey is accused of installing a water supply line at the Oakfield Fire Department at a location prior to the Village of Oakfield water meter, allowing himself and others to use water before it could be measured.

Lisa Sue Metcalf, 33, of Batavia Oakfield Townline Road, Oakfield, is charged with criminal possession of stolen property. Metcalf was arrested at her residence on a warrant out of Town of Oakfield Court. She was arraigned and released under supervision of Genesee Justice.

Bryan S. Harris, 30, of 50 Montclair Ave., Batavia, is charged with harassment, 2nd. Harris is accused of pushing another person against a vehicle.

Michael L. Titus, 28, of 71 S. Main St., Batavia, is charged with strangulation, 2nd, and harassment, 2nd. Titus is accused of choking and punching a victim during an argument. Titus was jailed without bail.

John L. Taggert, 31, of 16 N. Lyon St., Batavia, is charged with harassment, 2nd. Taggert is accused of shoving a family member against a wall. Taggert was jailed on $1,500 bail.

February 28, 2013 - 11:57am
posted by Howard B. Owens in batavia, Attica, crime, alexander, Le Roy, Alabama.

Samantha Mary Williams, 32, of Lake Street, Le Roy, was arrested on bench warrants for alleged robbery, 3rd, grand larceny, 4th, criminal mischief, 4th, and petit larceny. She is also charged with resisting arrest. Deputy John Baiocco reportedly attempted to arrest Williams at 2:15 p.m., Wednesday, in the lobby of the DSS office. Williams allegedly resisted arrest. Deputy Joseph Graff assisted in the apprehension. Williams was jailed on $10,000 cash bail or $20,000 bond. Williams is reportedly also wanted by Batavia PD on a resisting arrest warrant.

John James Slack, 27, of Exchange Street, Attica, is charged with burglary, 2nd. Slack is accused of entering a residence in Alabama sometime over Father's Day weekend and stealing electronics, jewelry, money and other property. Slack is incarcerated at the Attica Correctional Facility on an unrelated matter.

Michael John Antonucci, 30, of Alexander Road, Alexander, is charged with menacing, 2rd, and harassment, 2nd. Antonucci is accused of pushing a person against a refrigerator and throwing a glass bowl and plate in her direction. An order of protection has been issued.

February 28, 2013 - 9:53am
posted by Howard B. Owens in batavia, crime.

A 62-year-old Attica man is in an Owego hospital after allegedly being caught in the act of robbing a CVS Pharmacy in that city.

The man is considered a person of interest in the Sally Beauty Supply store robbery in Batavia on Feb. 9, according to Deputy Chief Jerome Brewster.

The same man is also considered a suspect in robberies in Corning and Big Flats. (More)

In all four robberies, the perpetrator wore a black ski mask and carried a big knife.

According to a news report, Owego police officers responded last night to a call of a robbery in progress at the CVS store and confronted a suspect. The suspect reportedly fled on foot and after a two-block foot chase, he was tackled.

Officers reportedly used force to subdue the suspect, who, according to sources, suffered two broken arms legs and cuts.

The suspect in the Owego robbery has been identified by law enforcement sources as John R. Malowsky, a registered Level 3 sex offender with prior convictions for assault, 2nd, and robbery, 3rd, in 1976 and two counts of robbery, 1st, sexual abuse, 1st, and rape ,1st, in 1983 in Genesee County. He was sentenced to 12 to 25 years in prison, reportedly released sometime prior to May 2011, violated parole and re-incarcerated. He was released from prison most recently in October.

Brewster declined to specifically name Malowsky as a suspect, but did say that the man arrested in Owego was the same person Sheriff's investigators had been looking at.

The Sally Beauty store person of interest was interviewed by investigators earlier this week at his place of employment. After that, his wife reported him missing, Brewster said.

"We were putting together a pretty darn good case," Brewster said. "We interviewed him and then he disappeared."

The person contacted by the Sheriff's Office as a person of interest was brought to the attention of investigators, Brewster said, by a parole officer who said he recognized the possible suspect vehicle identified in media reports.

No charges have been filed yet in any of the four suspected robberies.

Alecia Kaus contributed to this story.

February 27, 2013 - 3:04pm
posted by Howard B. Owens in batavia, crime, Darien, Le Roy.

Eric Halsey, 22, of 2 Goade Park, Batavia, is charged with felony DWI, unlawful possession of marijuana, failure to keep right and using handheld mobile phone device while operating a motor vehicle. Goade was stopped by Le Roy PD after allegedly crossing a center yellow line. He allegedly has a prior DWI conviction in the past 10 years. Halsey was jailed without bail.

Kevin Bruce Martin, 29, of 20th Street, Niagara Falls, is charged with criminal possession of a controlled substance. Martin turned himself in to Niagara Falls PD on a bench warrant issued out of Town of Batavia Court. Following arraignment in Town of Batavia, he was jailed on $500 bail.

Jeffrey Russell Hamill, 34, of Glenwood Drive, Attica, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely and refusal to take breath test. Hamill's arrest follows an investigation by Deputy Jason Saile into a motor vehicle accident at 4:41 a.m., Feb. 3, on Route 238, Darien.

February 26, 2013 - 4:58pm
posted by Howard B. Owens in crime, Darien.

Each time Niagara Falls police officer  Kelly Alcorn has appeared in court, it's been to answer to a new charge stemming from the same alleged incident Aug. 25 at the Darien Lake Performing Arts Center.

Each time she's entered a not guilty plea.

"And we mean it," said her attorney Norman Effman after her appearance in Genesee County Court this afternoon.

Alcorn is accused of getting into a scuffle with another patron inside the ladies' room at the Jason Aldean concert.

According to an indictment handed down by the Genesee County Grand Jury, Alcorn allegedly slammed the victim's head against a cinder block wall.

Alcorn was originally charged with misdemeanor harassment, but the alleged victim contacted Buffalo media to complain that she had been much more seriously injured and that she thought Alcorn should face a more serious charge.

A few weeks later, Genesee's District Attorney's Office upgraded the charge to third-degree assault after reportedly receiving medical reports, and then when the case was presented to the grand jury, the charge became assault in the second degree.

As a 20-year veteran of law enforcement, a felony conviction could end her career.

Effman confirmed today that Alcorn is currently suspended without pay.

During bail review with Noonan, Effman said that Alcorn is divorced, lives in Grand Island and shares custody of her two teenage children with her ex-husband.

She was released on her own recognizance, as she has been since her initial arrest.

The case reached this stage, Effman said, largely because of pressure exerted by the alleged victim, who has pushed the case through the media.

Effman said that any time a defense attorney takes on a case, he starts preparing for trial, but in the Alcorn case, Effman said he thinks a trial is likely, rather than a plea deal.

"She has a positive history in law enforcement," Effman said. "She has a positive history as a citizen. All of that will play into how we defend the case."

February 26, 2013 - 12:11pm
posted by Howard B. Owens in batavia, crime.

New burglary charges have been filed against Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, who was arrested Jan. 1 while allegedly committing a burglary on Washington Avenue.

Batavia PD announced this morning that Smith is now a suspect in burglaries on River Street, South Main Street, Pearl Street, Madison Avenue and Franklin Street.

In all, he faces seven new burglary charges to go along with the initial charge from Jan. 1 as well as two additional charges brought by the Sheriff's Office earlier this week.

Smith is being held in the Genesee County Jail.

February 25, 2013 - 2:32pm
posted by Howard B. Owens in batavia, crime.

The sentencing for Randy Johnson, a Batavia man who admitted in November to causing a baby's brain injuries, was delayed today because Judge Robert C. Noonan wants to hear from an expert witness before deciding how to proceed.

Noonan said he has the full range of sentencing options for Johnson, from probation to seven years in prison, but he doesn't have enough information.

"The missing companion is a medical analysis of exactly what conduct had to be occasioned on the victim in order to cause such a serious medical outcome," Noonan said.

Noonan would like prosecution to bring in either the treating physician or an expert in shaken baby syndrome to fill in the missing information.

He said the defense would also have an opportunity to present testimony and the defense would have the option of putting Johnson on the stand.

Both of the primary attorneys in the case, District Attorney Lawrence Friedman, and Deputy Public Defender William Tedford, are on vacation, therefore not in court today. Noonan asked for a date -- 10:15, a.m. March 14 -- with both attorneys able to give an estimate of the time they would need for testimony.

The hearing will set be at a later date.

On Nov. 28, Johnson admitted to causing the injuries to the baby, but entered his pleas to reckless assault on a child on an Alford plea basis. He said he cold not admit to the specific actions attributed to him by the prosecution.

February 25, 2013 - 12:56pm
posted by Howard B. Owens in batavia, Basom, crime, elba, Oakfield, Le Roy, Alabama.

Jihad Abdul Hakiim, 19, of W. 168th St., New York City, and William A. Hucks, 18, of State Road, Webster, are charged with burglary, 2nd. Hakiim and Hucks allegedly entered a dormitory suite at College Village through a window and took two XBox game consoles and games. Hakiim was jailed on $15,000 bail and Hucks was jailed on $5,000 bail. The case was investigated by Deputy Brian Thompson with K-9 Pharoah, Investigator William Ferrando, Deputy Patrick Reeves and Trooper Eric Daigler.

Jessie Marie Cramer, 27, of Bank Street, Batavia, was arrested on a bench warrant. Cramer allegedly failed to appear in Town of Batavia Court on a petit larceny charge.

Justin Ryan Bidell, 38, of Meadville Road, Basom, was arrested on a bench warrant. Bidell turned himself in to the Sheriff's Office on a warrant for alleged failure to pay fine.

Andrew William Bruckman, of Robertson Road, Churchville, is charged with unlawful possession of marijuana. Bruckman was stopped on Route 33, Stafford, at 6:08 p.m. on Saturday by Deputy Kevin McCarthy, for allegedly pulling a trailer with switched plates and having an unregistered trailer. During the stop, Bruckman was allegedly found in possession of marijuana.

Steven Ronald Dennis, 23, of Maple Ridge Road, Medina, is charged with felony DWI, felony driving with a BAC of .08 or greater, speeding (94 in a 55 mph and 84 in a 30 mph), and unlawful possession of marijuana. Dennis was stopped at 1:21 a.m., Sunday, on Water Street, Oakfield, by Deputy James Diehl.

Eric Alexander Ion, 40, of Pike Road, Batavia, is charged with felony criminal contempt and assault, 3rd. Ion allegedly violated an order of protection by assaulting the protect party, causing injury. Ion was jailed on $2,500 bail.

Jon Hoyt Bush, 29, of Route 98, Elba, is charged with criminal contempt, 2nd.  Bush was arrested on a warrant after being released from the Livingston County Jail. Bush was jailed in Genesee County on $1,000 bail.

Cazan Jayrryary Cummings, 20, of Avenue W, Brooklyn, is charged with trespassing. Cummings was allegedly at College Village after being banned from the property.

Nicole Lee Cramer, 23, of West Main Street, Le Roy, is charged with criminal possession of a controlled substance, 7th. Cramer was a passenger in a vehicle stopped on Route 5, City of Batavia, at 1:07 a.m. on Saturday by Deputy Patrick Reeves. Cramer was allegedly found in possession of alcohol in a motor vehicle. Upon further investigation, an amount of suspected cocaine was found concealed in an undergarment.

February 23, 2013 - 9:13am
posted by Howard B. Owens in batavia, crime, pembroke.

Francis Scott Smith, 19, who was allegedly caught in the act of burglarizing a home in Batavia on Jan. 1, has been accused of stealing from two other homes in Pembroke in September and October.

Smith, who is being held in the Genesee County Jail on his previous charge, was arraigned in Pembroke Town Court yesterday and then returned to the jail.

He is accused of stealing cash and jewelry from two separate homes on Read Road, Pembroke.

The new charges follow an investigation by William Ferrando with the Sheriff's Office.

February 21, 2013 - 9:01pm
posted by Howard B. Owens in batavia, Batavia Middle School, crime, schools.

Parents in the Batavia City School District were informed tonight that a student at Batavia Middle School is being disciplined for bringing a BB gun to school.

It wasn't a rifle, it wasn't a handgun, it was a BB gun a student had a in backpack in his locker, Superintendent Christopher Dailey emphasized in an interview tonight.

"He didn't think it would be anything to worry about," Dailey said. "Unfortunately for him, it was a really bad choice. He didn't have it at school to hurt anyone or defend himself. He wanted to play with it after school. It was a random poor choice by a kid."

The search was initiated, Daily said, because school officials suspected the student may have brought tobacco to school.

The "random poor choice" by the student had landed the kid in Family Court, according to Batavia Police Chief Shawn Heubusch.

Heubusch confirmed tonight that school officials turned over to police a BB gun that was located in a student locker.

"Batavia school officials should be praised for their quick response to this incident," Heubusch said.

Dailey said school officials take issues like this seriously and his automated phone call tonight was aimed at keeping parents informed and designed to quell rumors about it possibly being a more serious matter.

"I felt it important to share because we don't have anything to hide," Dailey said.

In his message, Daily said, "Having a BB gun on school grounds is against district policy. The BB gun was turned over immediately to the Batavia City Police. The student was removed and will be held accountable according to our district code of conduct."

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