Skip to main content

crime

Batavia mother who tried to kill baby in Erie County sent to prison

By Howard B. Owens

A Batavia mother who tried to kill her baby was sentenced to three-and-a-half years in prison yesterday in Erie County.

Marcia Mitchell tried to smother her baby while they were at an Erie County hospital following a house fire in 2008.

The Buffalo News reports:

“I realize I made a horrible mistake. I miss my children exponentially,” Mitchell told the judge.

Mitchell, 29, said that at the time of her crime, she was “under extreme stress,” with both of her daughters hospitalized. She said she got no help from family members after her Batavia flat was destroyed in an April 2008 fire.

Unless experts determine otherwise, Mitchell will not be able to see her baby until 2019.

Stepmother accused of killing baby from Batavia

By Howard B. Owens

Andrew John Cianfrini, 21 months, was supposed to spend the weekend of Nov. 8 with his father and stepmother in Elmira. He never came home.

The infant died Nov. 10. Elmira police now say the child's stepmother, Melissa S. Englehardt, 24, put Methanol, an ingredient in anti-freeze, in a drink and served it to him.

Andrew lived with his mother, Kristen Cianfrini, in Batavia.

Englehardt has been charged with manslaughter, 1st.

The child's father is George Englehardt.

Suspect in burglary has new attorney, but won't get second chance at plea agreement

By Howard B. Owens

Reginald Wilson, charged with burglary, 2nd, and facing a possible life prison term for his alleged part in a break-in on State Street in September, has a new attorney.

Wilson has hired Fares Rumi of Batavia. In court this morning for the change of attorney notice, Rumi politely asked Judge Robert Noonan if his client might have a chance to reconsider a plea offer he turned down a week ago.

"No Mr. Rumi, it doesn’t work that way," Noonan said. "His time is gone."

Rumi replied, "we're ready to proceed to trial."

The trial is scheduled to begin with jury selection at 9 a.m., March 29.

Wilson will be tried on charges of burglary 2nd and criminal possession of stolen property. If convicted of either, District Attorney Lawrence Friedman could ask Noonan to impose a life sentence.

The 37-year-old Rochester resident have five prior felony convictions.

Three other individuals were reportedly involved in the alleged burglary, which frightened a woman who was home at the time. Two of the alleged cohorts have said in statements that Wilson did not participate in the burglary.  One individual will testify that Wilson was there.

Wilson was arrested, reportedly, after beging caught driving a car stolen from the residence.

Previously, Friedman offered Wilson a felony conviction of possession of stolen property and 2- to 4-years in state prison.

In other court news:

Warren T. Cotton, accused of operating a meth lab at 13 Ross St., Batavia, will be arraigned in Federal court this afternoon on a charge possession with the intent to manufacture substances with a detectable amount of methamphetamine. The local charges against Cotton will be dropped.

Chad M. Johnston, 23, who admitted Feb. 24 to attempted burglary, 3rd, for a break-in at 15 Fairway Drive, Batavia, was sentenced today. Johnston will serve 1 1/2 to 3 three years in supervised parole. Johnston will first serve six months in a drug rehab program at Willard Drug Treatment Campus.

Police Beat: Charges of DWI and an alleged trespass

By Howard B. Owens

Rebecca Jo Cornell, 35, of 439 Sandhill Road, Caledonia, is charged with trespass. Cornnell is accused of going into the Batavia Target store after being barred from the store for allegedly shoplifting in January.

Robert May, 66, of 9339 Warsaw Road, Le Roy, is charged with DWI, consumption of alcohol in a motor vehicle and no or inadequate headlights. May was stopped at 7:27 p.m., Wednesday on Park Road by Deputy Bradley Mazur.

Grand Jury Report: Woman accused of stealing more than $3,000 from Tonawanda

By Howard B. Owens

Jessica L. Culver (a.k.a Jessica L. Langmaid) has been indicted on a charge of grand larceny, 3rd. Culver is accused of stealing property between Oct. 29, 2008 and March 17, 2009 from Tonawanda Valley Federal Credit Union with a value in excess of $3,000.

Amanda J. Richardson is indicted on two counts for falsifying business records, 1st, and two counts of petit larceny. Richardson is accused of falsifying a money order record and of stealing $54 from the Mother Goose store in Elba on July 14. She's also accused of falsifying a deposit envelope and stealing $100 on July 24.

Still wanted: Christopher A. Laird

By Howard B. Owens

The Sheriff's Office is still looking for a man convicted of burglary, 2nd, who has allegedly violated his probation.

A "wanted" release was put out by the Sheriff's Office on Feb. 2 for Christopher A. Laird.

Warrant Officer Eric Olson says that Laird has likely exhausted his places to stay in Le Roy and is probably in the City of Batavia.

Olson asks that people with information on the whereabouts of Laird call 911.

Police Beat: Robbery suspect found hiding under bed

By Howard B. Owens

Stephen J. Farrell, 43, of 8542 W. Bergen Road, Le Roy, is charged with robbery, 3rd. Farrell was arrested on a bench warrant 11:56 p.m., Friday. Farrell was located through a combined effort of the Sheriff's Office, the Le Roy Police Department, including Det. John Cordidorio, and the New York State Police. Farrell was reportedly found hiding under a bed at his residence. Law enforcement officers were conducting an investigation into an unrelated robbery at the Rite Aid in Le Roy.

Police Beat; Man accused of texting while driving drunk, leading to accident

By Howard B. Owens

Timothy R. Beszcynski, 22, of 11000 Townline Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and use of a portable electronic device (texting). Beszcynski was arrested by Deputy Howard Carlson after allegedly being involved in a single-car accident on Route 98 in the Town of Batavia at 12:15 a.m., Monday.

Juan Alberto Ramos, 20, of 5215 Clinton Street Road, Batavia, is charged with trespass.  Ramos was allegedly found in a building at College Village after being barred from the premises.

Sex offender was classified as Level 3 after new information about prior conviction was discovered

By Howard B. Owens

Charles H. Wroten, the Level 3 sex offender who lives at 214 S. Swan St., upper, was originally classified as a Level 2 offender at the time of his scheduled release from state prison for raping a 15-year-old girl.

But after the order was signed, prosecutors in the case learned that his prior conviction for burglary in South Carolina was a little more than breaking into the house.

According to court documents (PDF):

[Defendant] did enter into the residence of [the victim] with intent to commit a crime, in that he did enter into the bedroom of a 12 yr old female and did feel her body and did make an effort to get this 12 yr old girl to have sex with him.

Entrance into this residence was at 4:30 AM in the night time.

Wroten appealed the re-evaluation. The document linked above is from the appeals court that heard his case and ruled against him.

The risk level of sex offenders in New York is determined by a worksheet that assigns points for various factors to gauge the likelihood of a person repeating an offense. Wroten's points initially put him at the high end of a Level 2 sex offender, but when prosecutors found out the violent nature of his burglary conviction in South Carolina, it added 15 points to his evaluation, so they sought to have him immediately reclassified as Level 3.

Councilwoman Rose Mary Christian raised the issue of Wroten's residence at the Batavia City Council meeting last night, saying she had received numerous inquiries from citizens wondering what could be done about it.

At her request, an informational meeting has been scheduled for 7 p.m., March 16, with Police Chief Randy Baker and Det. Rich Schauf at the Batavia Police Station.

High-speed pursuit ends when truck slams into duplex on South Main, Batavia

By Howard B. Owens

"It sounded like a bomb going off," said Robin Lewin minutes after a truck being pursued at high speed by local law enforcement slammed in her home at 28 South Main St. in the City of Batavia.

"You should see that one wall. All of my family’s pictures came flying at us. We were at the desk. The whole house shook. It was like, what’s going on?"

Lewin and her mother, Barbara Watyrstrew, who was visiting, her teenage daughter, Danielle (Danielle was not at home at the time) had to immediately evacuate the house, which was knocked off its foundation, causing a gas leak.

The driver of the black Chevy 4x4 pickup truck, who has not yet been identified, was taken by Mercy Flight to Strong Memorial Hospital.

Investigator Kris Kautz of the Sheriff's Office said Deputy Ronald E. Meides spotted the truck allegedly speeding eastbound on Route 33 just west of Reed Road and attempted to initiate a traffic stop.

The truck wouldn't stop, and may even have speed up, with speeds hitting "triple digits," according to law enforcement officials.

The driver, identified by police after the chase (though his identity is not yet being released), had no known outstanding warrants, according to Det. Rich Schauf of the Batavia Police Department.

When it was apparent Deputy Meides was involved in a high-speed chase, more law enforcement joined in the persuit. Officer John Zola and Deputy Chris Parker managed to get spike strips down on Route 33 at Pearl Street Road moments before the truck arrived.

The strips, according to Parker and Zola, are designed to deflate car tires gradually so that hitting the spikes doesn't cause an immediate accident. By the time the truck hit the Oak Street Roundabout, its tires would have deflated to some extent.

Spikes were found in each of the truck's front tires, Parker and Zola said.

Said Kautz, “The operator refused to stop and the vehicle obviously came through here at too high of a speed to maintain control.”

Luz Castro was standing in front of 28 South Main -- she lives in the upper apartment -- waiting for her daughter's school bus when she saw a deputy and a police car whiz by heading westbound. Minutes later she saw the truck come flying through the roundabout, heading east, and as it came out of the curve at South Main, it was clear the truck was headed right for her. So she jumped out of the way just before the truck rammed the building right at the entrance to her apartment.

"It was just shock. Surreal. Crying. Just too much going on at once," Castro said.

Red Cross has been called in to assist Luz, Robin and Danielle. A city inspector is on scene determining how to safely remove the truck, which is may be the only thing holding up the house at this point.

"Life is a matter of seconds and inches and luckily her (Castro's) child wasn’t here getting off the bus at that moment," said Kautz.

UPDATE 8:13 p.m.: The driver of the truck has been identified as Louis M. Reeb, 19, of 40 E. Main St., Corfu. His injuries are described as non-life threatening. The house is owned by Charles Keif of Batavia. No charges have been filed, pending further investigation.

Police Beat: Level 2 sex offender found in Le Roy after allegedly failing to register

By Howard B. Owens

Darshawn T. Johnson, 30, of 106 Lake Street, Le Roy, is charged by a Monroe County Grand Jury with failing to register a change of address, a Class D felony. Johnson, a convicted rapist, allegedly failed to notify New York State of his change of address. Det. John Condidorio reports that a member of the community tipped Le Roy Police to Johnson's status. After further investigation, Condidorio located Johnson walking on Lake Street and arrested him. Johnson is a Level 2 sex offender. He was convicted of sexual abuse, 1st. Following his arrest, Johnson was transferred to the Monroe County Sheriff's Department.

Robert J. Macklem, 20, 1 Prospect Ave., Batavia, is charged with DWI, aggravated DWI (driving with a BAC of .08 or greater) and moving from lane unsafely. Macklem was taken into custody by Officer Thad Mart at 9:50 p.m., Thursday.

Jolin Nicholas Donnelly, 21, 1925 Nesbitt Road, Attica, is charged with unlawful possession of marijuana. Following a traffic stop at 8:19 p.m., Sunday, by Deputy Patrick Reeves, Donnelly was allegedly found in possession of a small quantity of marijuana.

Brian K. Dyer, 43, of 106 North Street, Batavia, is charged with two counts of criminal contempt, 2nd, harassment, 2nd, and endangering the welfare of a child. Dyer was taken into custody at 4:47 p.m., Sunday, by Officer Thad Mart, after Dyer allegedly became involved in a fight with a woman reportedly protected by a court order from "offensive conduct" by him. There was reportedly a child present during the altercation. Dyer was also arrested on an outstanding warrant for allegedly violating a "stay away" order on Feb. 23 during an incident on Dewey Avenue, regarding the same woman. Dyer was jailed on $1,000 bail.

Kenneth M. Gray, Jr., 18, of 77 Myrtle St., Le Roy, is charged with unlawful possession of alcohol under 21. Gray was reportedly found by Officer Dan Coffey in the area of 500 East Street in a state of intoxication. Gray was reportedly carrying seven cans of beer at the time.

Timothy P. Dailey, 40, of Rochester, is charged with criminal mischief. Dailey was arrested by state police in Elba at 2:29 a.m., Saturday. Dailey was jailed. No further details available.

Le Roy Police looking for man who stole drugs, claiming to have a gun

By Howard B. Owens

A man wearing a hoodie and a mask entered the Le Roy Rite Aid on Friday night and demanded a clerk give him drugs.

The man claimed to have a gun, according to Le Roy Police.

The armed robbery at 151 West Main Street occurred at 8:55 p.m.

The suspect is described as a white male, about 5' 7".

When he entered the store, he reportedly approached the pharmacists and demanded drugs. He claimed to have a weapon, but no weapon was displayed.

The suspect was wearing blue jeans and a yellow hooded sweatshirt.

After exiting the store, he fled on foot, but police believe he had a car nearby.

Anybody with information that might help solve the case are asked to contact the Le Roy Police Department.

Man working three jobs accused of complicated scheme to bilk customers

By Howard B. Owens

Batavia Police have arrested a man apparently working three jobs for allegedly using his access to credit cards as a gas station attendent to buy material at a building supply company and then selling what he bought as a contractor, but pocketing the proceeds.

Dustin Hurlburt, 32, of 21 Elm St., Warsaw, is charged with four counts of grand larceny, 3rd, and two counts of grand larceny, 4th.

He was jailed on $10,000 bail.

Hurlburt allegedly made more than $22,000 in purchases at Armor Building Supply, where he worked, using credit card numbers he obtained while working as a full-service gas station attendant. 

The purchases were allegedly made for a local building site, where Hurlburt acted as a contractor. He then allegedly billed the customers for the items he purchased using the stolen credit card numbers.

The alleged purchases were made between October 2009 and December 2009. There were reportedly six different transactions ranging from $1,800 to more than $5,000 each.

Det. Kevin Czora spent three months investigating the case and arrested Hurlburt on Friday.

Oakfield woman allegedly kept spending her ex-husband's money

By Howard B. Owens

An Oakfield woman is accused of thinking her ex-husband's bank account was still hers for the taking.

Michelle Parker, 39, of 14 Cary Ave., is charged with grand larceny, 4th, grand larceny, 3rd, and perjury, 1st, after allegedly stealing $8,000 from her ex-husband's account.

Parker allegedly gave false testimony about the accounts while under oath in Genesee County Superior Court.

She was released on her own recognizance following her arraignment.

The case was investigated by by Det. Todd Crossett of the Batavia Police Department.

Batavia woman wanted following drug raids in Erie County in custody

By Howard B. Owens

A Batavia woman wanted connection with alleged drug dealing at two strip clubs in Erie County has been arrested.

Cynthia Sims, 25, was initially considered a fugitive following the FBI investigation, but Sims was reportedly taken into custody yesterday.

Twenty-five other suspects have also been charged in connection with the investigation.

The exact charges against Sims have not been released yet.

(via WBTA)

Police Beat: Batavia woman busted for alleged crack cocaine possession

By Howard B. Owens

Tammy L. Cicatello, 39, of 18 Pickthorn Drive, Batavia, is charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd. Cicatello was allegedly observed by a member of the Local Drug Enforcement Task Force buying drugs while in a car in a parking lot of a Batavia business. Cicatello's car was stopped on Clinton Street Road and Drug Task Force members reportedly found two bags of crack cocaine and two crack pipes, along with some other drug paraphernalia. Cicatello was issued appearance tickets.

R.A. Aaron, 39, of 111 Liberty St., Apt. C, Batavia, is charged with disorderly conduct. Batavia Police officers responded to a report of a disturbance at the Green Wolf Tavern at 10:59 p.m., Thursday. While officers were on scene, Aaron allegedly continued to be belligerent and was shouting obscenities while in the parking lot. Aaron also allegedly pushed a police officer.

Brandon C. Dodd, 23, of 128 1/2 State St., Batavia, is charged with harassment, 2nd. Dodd was arrested at 12:43 a.m., today, in Batavia. Dodd allegedly struck another man on the side of his head and also spat on him. Dodd was jailed on $1,000 bail.

Accidents from the state police blotter:

2:43 p.m., March 3, Cato Street, Pavilion, two vehicles; Driver 1: Corey R. Ryan, 20, Le Roy; Driver 2: Kathleen D. Kingsley, 51, of Pavilion. No injuries reported.

Batavia woman sought by FBI in connection with alleged drug dealing in Erie County

By Howard B. Owens

A Batavia woman is reportedly wanted by the FBI in connection with an alleged heroin and cocaine ring being run inside two strip clubs in Erie County.

The FBI is encouraging anybody who knows the whereabouts of Cynthia Sims to call the police.

According to WGRZ, several law enforcement agencies were involved over the past year in investigating the alleged drug dealing at the clubs.

The clubs were identified as Rick's Tally Ho in Cheektowaga and 24k Gold in Hamburg.

WGRZ reports that the owners of the clubs say they had no idea that drug dealing was going on at their establishments.

Trial for accused burglar of Holland High Lift reset for June 14

By Billie Owens

Michael L. Jackson -- accused of burglary, grand larceny, criminal mischief and tampering with a witness -- was in Genesee County Court this afternoon after his attorney, Public Defender Gary Horton, requested a hearing to reschedule the trial.

On Sept. 3, Jackson posted a $10,000 bond and got out of jail. His trial was set for April 19. Because of a case-schedule conflict, Horton asked Judge Robert Noonan to reschedule Jackson's case.

The judge agreed to the request and it is now on the calendar for 9:30 a.m. on June 14. District Attorney Lawrence Friedman had no objections for the People. At trial, the People will be represented by Assistant District Attorney William Zickl.

The scruffy-looking, sleepy-eyed defendant sat alone in the gallery, wearing a striped, short-sleeve polo shirt and faded, baggy jeans with tattered hems. But he was well ahead of his appointed time. 

According to the Grand Jury indictment, Jackson is charged with a count of burglary in the third degree, two counts of grand larceny in the third degree, and two counts criminal mischief in the second degree. He's also charged with tampering with a witness in the fourth degree.

Now an Oakfield resident, he's accused breaking into Holland High Lift, 10033 East Road, Bethany. He allegedly stole a 42-inch Viewsonic flatscreen television, a Samsung 22-inch flatscreen television and a Sony digital camera. He also allegedly stole a 2005 Ford Supercab 250. Jackson also allegedly damaged an office window, a display case, light fixtures, drywall, a motorcycle, computer equipment and an overhead door. He also allegedly damaged the Ford truck.

Batavia 'wanted' suspect located in Florida

By Howard B. Owens

A man wanted by Batavia Police has been located in Florida and is in a Tampa-area jail awaiting extradition to New York.

A week ago, Batavia Police issued a "wanted" notice for Dajuandrick Gardner, 33, of Byron. Gardner is wanted for an alleged violation of parole.

U.S. Marshalls' took Gardner into custody on Monday.

No information has been released regarding the original charges against him.

When the police released the wanted information on Gardner, they also listed 18-year-old Jeremiah Williams as a wanted person on unrelated charges. Williams remains at large.

Police Beat: Girl charged with shoplifting at Kmart and Walmart

By Howard B. Owens

A 16-year-old Batavia girl is charged with two counts of petit larceny. She allegedly stole items from Walmart and Kmart. She was arrested at 9:31 p.m., Tuesday.

Deborah Ann Butler, 42, of 5335 Egerton Road, Elba, is charged with issuing a bad check. Butler was picked up on a warrant on the charge.

Lynda Lee Snyder, 27, currently in state prison, is charged with criminal facilitation, 4th. Snyder allegedly allowed a person who had been ordered to stay away from her child to be in the residence and company of the child.

Kelly J. Rhim, 31, of Batavia, is charged with unlawful possession of marijuana. Rhim was reportedly stopped by state police on the Thruway in Batavia at 7:30 p.m., Feb. 28.

Accidents from the state police blotter:

8:58 p.m., March 1, Route 98, Alexander, one vehicle: Driver 1: Joyce M. McNutt, 46, of Darien Center. No injuries reported.

6:05 a.m., March 1, Quaker Hill Road, Elba, one vehicle; Driver 1: Karen J. Vancott, 49, Albion. No injuries reported.

Authentically Local