crime

Another suspected meth lab has been discovered in Le Roy though no suspects have been charged yet in connection with the operation.

Two people were taken into custody this morning following a traffic stop and are being held on unrelated charges.

Chief Deputy Jerome Brewster described the operation as fairly significant and more dangerous than any lab the Local Drug Enforcement Task Force has yet uncovered.

"They were using batteries, which is a method we're not particularly familiar with," Brewster said. "We haven't seen that before, but it's a particularly dangerous method."

The lab is not believed to be operational and no completed product was apparently found on scene, but enough precursors were found that the county must be very careful in cleaning up, Brewster said. 

County Emergency Management and a hazmat team are preparing to deploy to the house, which is located at 9434 Route 19.

Taken into custody were C.L. Williams and Nicholas P. Sadwick. They were arraigned in Town Court on unrelated charges, including, for one of them, possession of a hypodermic instrument. One of the men also allegedly had an outstanding warrant out of Monroe County.

The home is owned by a relative of one of the men taken into custody, but the owner is not in custody and has not been charged with any crime.

Two Batavia men were jailed in Wyoming County after a drug task force operation caught them allegedly trying to sell prescription drugs.

Larry Yoho, 37, of North Spruce Street, is accused of selling Xanax and Fentanyl to undercover agents.

Nicholas Williams, 37, of 15 Ross Street, is accused of possession and sale of Xanax.

(via WBTA)

John Alan Delano, 19, of 556 Peck Road, Spencerport, was arrested on a bench warrant for alleged aggravated unlicensed operation. Delano was reportedly arrested in the Village of Le Roy in connection with an unrelated incident. Bail in that case was set at $500. Delano reportedly posted bail and then was arrested on the Monroe County warrant and transported to the county line, where he was taken into custody by a Monroe County deputy.

Jeremiah T. Jones, 36, 535 McGinnis Road, Scottsville, is charged with petit larceny. Jones allegedly bought vehicle parts from L&L Transmission and then stopped payment on his check after work was completed on his vehicle.

Alexander J. Delahanty, 20, of Brockport, is charged with unlawful possession of marijuana. Delahanty was stopped by State Police on the Thruway in the Town of Batavia. No further details provided.

Accidents from the State Police blotter:

4:21 p.m., Feb. 26, Allegany Road, Darien, two vehicles; Driver 1: Wayne S. Marks, 39, of Orangeville, Ontario, Canada; Driver 2: Wilfredo Vargas, 31, of Buffalo. No injuries reported.

5:22 p.m., Feb 26, Route 5 and Bater Road, Stafford, one vehicle; Driver 1: James Gideon Halsey, 17, of Le Roy. No injuries reported.

11:21 p.m., Feb 25, Thruway, Mile Marker 400.5, Town of Pembroke, one vehicle; Driver 1: Patrick C. Sieber, 20, of Lancaster. No injuries reported.

10:15 pm., Feb. 25, Thruway, Mile Marker 397.4, Town of Pembroke, one vehicle; Driver 1: Elhadji M. Wane, 24, of Brockport. No injuries reported.

Reginald Wilson will take his chances with a jury.

The Rochester resident with multiple felony convictions is accused of taking part in a four-person burglary that reportedly terrified an older person on State Street. The woman was reportedly home and in bed at the time

Wilson turned down a plea offer this morning that would have capped his sentence at two- to four-years in State Prison.

Wilson would have been required to plead guilty to a felony count of criminal possession of stolen property. On Friday, his attorney, Public Defender Gary Horton, said his client sought a reduction to a misdemeanor.

District Attorney Lawrence Friedman kept the felony offer on the table, but added a sentence cap. Friedman was prepared to drop the more serious burglary, 2nd charge in order to make the plea offer valid.

Wilson said no, even after Judge Robert Noonan reminded him that if walked out of the courtroom this morning without a plea bargain, there was no second chance. His case was going to trial.

The trial is scheduled to start March 29.

If convicted, the 37-year-old Wilson, faces a possible life sentence because of his five prior felony convictions.

In New York law, some felony convictions are considered "predicate" crimes and count toward a possible life sentence on the third felony conviction. Unlike some state's so-called "three strike" laws, New York's does not mandate a life sentence.  

Wilson was allegedly caught driving a car stolen from the residence.

Two of the other three defendants in the alleged burglary admit to taking part in the crime, but say Wilson was not there. A third defendant puts Wilson at the scene and part of the alleged burglary crew.

A jury will decide whom to believe.

Today, Judge Noonan issued an order of protection for one of the witnesses in the case. The witness expected to testify at the trial is not one of the other three men charged in the burglary.

For months, we've heard the same mantra from county law enforcement officials: Lock your cars.

Now, after a spate of thefts from unlocked cars in the village, Le Roy Police are putting out the same plea.

If you don't want your stuff stolen, lock your car.

Le Roy Police report six complaints in the village of items stolen from vehicles left unlocked, mostly in the area of West Main Street, Myrtle Street and Church Street.

Most of the thefts occurred during the night Sunday, but the latest happened on Myrtle Street Tuesday night.

Anyone having information about these thefts is asked to contact the Le Roy Police at 768-2527.

The publication of a security camera photo on The Batavian led to a Batavia man admitting to petit larceny during his arraignment today in City Court.

Robert Douglas, 29, of 48 Buell St., was arrested today by Det. Kevin Czora, after several readers of The Batavian reportedly called police to identify Douglas.

Czora e-mailed us this message:

I arrested Robert Douglas, age 29, from Batavia, today for the theft at Alberty’s. In a bit of a surprise, Douglas pled guilty to the charge of petit larceny at arraignment. Douglas had cooperated once confronted with the fact that he was identified by numerous people after the photos were published. Please thank your viewers for their assistance.

Reginald Wilson may have a long criminal history, he may even have been caught driving an allegedly stolen vehicle, but that doesn't mean he did the crime this time.

Two of the other men who are accused of breaking into a State Street home in Batavia in early September have made sworn statements, according to Judge Robert Noonan, admitting to their participation in the burglary, but they say Wilson wasn't part of the crew.

One other suspect in the burglary has said the 37-year-old Wilson helped in the break-in.

Today, Wilson, who faces a possible life sentence because of multiple prior felony convictions, had to answer to a deadline on whether he would accept a plea offer or take his case to trial.

The offer: A felony count of possession of stolen property with no sentencing agreement.

Wilson turned down the offer.

His attorney, Public Defender Gary Horton, countered with a misdemeanor charge of possession, but that proposal, like District Attorney Lawrence Friedman's offer, faces a legal technicality. Because Wilson is charged with a Class C felony, he can't be offered a plea on a greatly reduced charge unless Friedman asks to have the original count dismissed. Friedman hasn't done that yet.

"I’m not interested in entertaining an illegal plea from either one of you, so thanks for turning it down, Mr. Wilson," Noonan said.

The two attorneys and Noonan agreed to extend the deadline for Wilson to accept a plea to 9 a.m., Monday.

Wilson, who was shackled and dressed in Genesee County Jail orange, was fairly animated during the proceeding, especially when conferring with his attorney. While Friedman and Horton were talking privately with Noonan, Wilson leaned over and tried to get First Asst. D.A. David Gann's attention to say, "hello, Mr. Gann."

After Noonan granted an extension on the plea deadline, Wilson said emphatically, "Thank you, Your Honor," before leaving the courtroom.

Prior to Wilson's hearing, Joseph D. Dash, 24, who was also arrested in connection with the State Street burglary, admitted to a prior attempted burglary in exchange for a dismissal of charges in the State Street crime as well as another burglary, which Dash hadn't been charged with yet, on Pringle Avenue.

Dash has a prior felony conviction -- attempted robbery, 2nd -- from March 2003. With that prior felony, Dash faces a 5- to 7-year sentence on the attempted burglary conviction.

The other two suspects in the State Street burglary are Quentin L. Gibson, 25, and Dillon M. Brito, 19. We don't have any information at this time on the status of their cases.

Photos: Top, Wilson; bottom, Dash.

Carylee A. Logan, 44, 7079 Meadville Road, Basom, is charged with felony DWI, aggravated unlicensed operation, leaving the scene of an accident, driving left of pavement marking, unreasonable speed for hazards, refusal to take breath test. Deputy Jason Saile was dispatched at 11:26 p.m., Wednesday, to the scene of a one-car accident on Sandhill Road, Town of Alabama. Upon arriving, he found the driver had left the scene. After further investigation, Saile concluded Logan was the alleged driver and that she allegedly drove drunk.

Jeffery M.  Rider, 31, of 8130 Route 5, Le Roy, is charged with resisting arrest. At 10:50 p.m., Tuesday, Deputy Bradley D. Mazur reportedly tried to execute an arrest warrant for Rider for alleged violation of probation. At the time of the attempted arrest, Rider allegedly resisted arrest. Rider was jailed on $1,000 bail.

Robert L. Vanburen, 48, of 370 W. Main St., lower, Batavia, is charged with throwing an injurious substance on the highway (littering), DWI and aggravated DWI with a BAC of .08 or greater. Vanburen was stopped by Officer Dan Coffey at 11:53 p.m., Wednesday, on West Main Street.

Robert F. Williams, 49, of 114 State St., Apt. #3, Batavia, is charged with harassment, 2nd. Williams is accused of grabbing a woman and throwing her. She was not injured.

A 17-year-old from Bergen is charged with criminal contempt. The youth is accused of shoving another person. There was an order of protection barring such conduct.

Kimmie A. Welsh, 43, of Corfu, is charged with DWI and operating a motor vehicle while impaired by drugs. Welsh was stopped by State Police at 9:40 a.m., Tuesday, at the intersection of Route 33 and Route 77 in the Village of Corfu. No further details available.

Clarence L. Blackmon, 39, of Oakfield, is charged with grand larceny, 3rd. Blackmon was arrested by State Police at noon, Tuesday. He is accused of stealing an item valued at less than $3,000. No further details are available.

Tanya L .Thyret, 31, of Rochester, is charged with DWI, driving with a BAC of .08 or greater and an equipment violation. Thyret was stopped by State Police at 8:45 p.m., Tuesday, on Culver Road, Town of Bativia. No further details are available.

Accidents from the state police blotter:

4:59 p.m., Feb. 22, Thruway, Mile Marker 399 west, Pembroke, two vehicles; Driver 1: William Burton Lewis, 22, of East Amherst; Driver 2: Leonard E. Neal, 58, of Gravehurst, Ontario, Canada. One injury reported. No further details available.

Two Batavia men were arrested last night after the Local Drug Enforcement Task Force executed a search warrant at 13 Ross Street, lower, looking for a suspected meth lab.

What officers reportedly found was a dismantled lab and some quantity of methamphetamine in various stages of production.

The two suspects in the case were apparently not at the residence at the time of the raid and were located elsewhere in the county.

Taken into custody were Warren T. Cotton, 33, and Eric D. Johnston, 31.

Cotton is charged with criminal possession of a controlled substance. Johnston is charged with unlawful possession of marijuana.

Cotton was arrested following a traffic stop at Walkers Corners Road in Byron. Johnston was located on Evans Street.

While Johnston was released on an appearance ticket, Cotton was jailed without bail.

The investigation is ongoing.

Assisting in the case were Wyoming County Drug Task Force, the Genesee County District Attorney's Office, the Office of Emergency Management and Mercy EMS.

Photos: Warren T. Cotton, upper right; Eric Johnston, lower left.

The following indictments have been handed down by a Genesee County Grand Jury:

Jeffery M. Wisinski, 38, of 7484 Lake St., Vienna, seven counts: Burglary, 2nd; petit larceny; burglary, 3rd; grand larceny 3rd; criminal mischief, 2nd; criminal mischief, 3rd; and, grand larceny, 4th. Wisinski is accused of breaking into a garage at 510 Bloomingdale Road, Alabama, on or about Sept. 10 or 11 and stealing a 2007 Dodge Charger and a credit card. For more on Wisinski's arrest on Nov. 6, click here.

Jason John Reed, 33, of 33 Sunset Parkway, Oakfield, four counts: driving while intoxicated as a class E felony; driving while intoxicated with a BAC of .08 or greater; aggravated unlicensed operation; and endangering the welfare of a child. Reed is accused of driving drunk on Nov. 26 on Pearl Street in Oakfield. Original report, click here.

Witnesses reported seeing several law enforcement units, SWAT, a Hazmat unit and the County Command Post vehicle either heading to or on Ross Street next to the Richmond Memorial Library tonight.

Batavia Police referred questions to Sgt. Steve Mullen of the Local Drug Enforcement Task Force.

Another county official said he wasn't at liberty to discuss the activity and referred questions to either the Police or Sheriff's Office.

Sgt. Mullen responded to an e-mail with, "more to follow."

The activity occurred roughly between 7 and 7:30 p.m. By the time we arrived on Ross Street at 7:40 p.m., all law enforcement and emergency personnel had cleared the scene.

A 28-year-old Batavia man, who admitted to selling drugs last fall, is going to prison.

Timothy Lee, who also goes by the name “Cricket,” was sentenced in Genesee County Court this afternoon to four-and-a-half years behind bars.

Lee had pled guilty to selling crack cocaine to a member of the Genesee County Local Drug Task Force.

Judge Robert Noonan told Lee this afternoon he was an “opportunist” and only very belatedly did he show an inclination to enter treatment.

“You don’t need treatment,” the Judge told Lee, “you need jail time, and that’s what you are going to get."

Lee’s fiancé, who is four-months pregnant, wept in court as the sentence was pronounced.

(Story by Dan Fischer, of The Batavian's news partner, WBTA.)

Batavia Police have issued wanted notices for two men sought for unrelated crimes.

Jeremiah Williams, 18, is a Level 3 sex offender who has allegedly failed to comply with his restrictions. There is an active felony arrest warrant for Williams. His last known address was 9 Raymond Ave. in Batavia. He is also known to frequent the Albion area. Williams is described as 5'10" and 135 lbs. with brown hair and brown eyes.

Dajuandrick Gardner, 33, is an alleged parole violator. His last known address is 6863 Byron Holley Road, Byron. Gardner is 5'10" and 210 lbs. with brown hair and brown eyes. He wears glasses. Gardner is also known as "Juan" and "Omega."

Anyone with information is asked to call 345-6370.

If it's going to take an expert witness to help Ronald J. Wendt beat the 12 felony charges against him, it's going to take money.

His attorney, Thomas Burns, says Wendt is "tapped out."

Sitting in jail, unable to earn money, Wendt cannot afford the thousands it would cost to bring in an expert in field sobriety tests and breathalyzers to help challenge the charge that he was driving drunk Aug. 12 when he was involved in an accident that took the life of Dansville teenager Katie M. Stanley.

County Attorney John Rizzo filed papers this week opposing a motion by Burns for the county to pay for the expert.

"I understand Mr. Rizzo's concern regarding the taxpayers," said Burns today, "but this is fundamentally at the heart of our defense. It is very important to us."

Wendt appeared in court today -- dressed in Genesee County Jail orange and with his head shaved -- for a hearing on motions by Burns that arresting officer Deputy Tim Wescott did not have sufficient probable cause to charge Wendt and to suppress statements made by Wendt to Wescott.

County Court Judge Robert Noonan denied both motions and set a date for a week-long trial.

Jury selection will start July 12 at 9 a.m. 

Noonan set May 24 as the plea-offer cutoff.

District Attorney Lawrence Friedman said the offer he's made to Wendt is to reduce the aggravated vehicular homicide charge -- with a maximum penalty of 8 to 25 years in state prison -- to aggravated vehicular manslaughter. The reduced charge could still result in a more than two-year prison sentence, and up to seven years.

Burns said after the hearing that he expects the case to go to trial. The bottom end of the sentence on the first count of the indictment is one to three years, if Wendt were convicted by a jury.

Today, Westcott testified at length about the field sobriety test he conducted on Wendt following the late-night accident.

An expert witness would help Burns establish doubt as to whether the test conclusively proved that Wendt was driving drunk.

Wescott testified that he started with an eye-tracking test, which is designed to find possible nystagmus, which is an involuntary eye movement. Wescott testified that Wendt passed this test, saying that in order to determine that a driver has a BAC of at least .10, he will need to show four clues in the test and Wendt showed only two.

Friedman objected to Burns asking a series of questions about the eye-tracking test, but Noonan overruled the objection.

Wescott also testified that he had Wendt walk a straight line with the requirement that he take nine steps in each direction, heel-to-toe. Wescott said in his judgement, Wendt failed this test, missing four steps by an inch or less between his heel and toe going forward and raising his hands from his side on the return.

When it came to touching his nose, Wendt missed slightly on four of six tries.

On another test, where the suspect is asked to close his eyes, tilt his head back and try to estimate when 30 seconds had passed, Wendt said stop after 37 seconds. The standard deviation, according to Wescott, is five seconds.

More than an hour after the accident, Wendt submitted to a BAC test and reportedly tested at .08.

Wendt did allegedly make at least one incriminating statement early in the interview, Wescott testified. Wendt said, according to Wescott, "You might as well have me blow and take me to jail."

Noonan ruled that statement will be admissible at trial.

For previous coverage, click here.

A local man admitted in court yesterday to attempted burglary, 3rd, in connection with a break-in at a home at 15 Fairway Drive, Batavia, on Oct. 22.

Chad M. Johnston, 23, told Judge Robert Noonan that he did knowingly enter the residence without permission of the owner and attempt to steal items from the house.

Johnston was in the process of stealing more than $1,000 in household items, including appliances, from the residence, according to Asst. District Attorney Will Zickl, at the time of his arrest.

With a prior felony conviction, Johnston, under terms of a plea agreement, will be sentenced to one-and-a-half to three years in prison.

UPDATE: The Sheriff's Office has provided a little more information on this arrest.

Johnston was charged Oct. 23 with burglary 2nd and criminal possession of stolen property. He entered the residence at 15 Fairway Drive in the Town of Batavia and stole a Maytag washer and dryer, a Whirpool refrigerator and Cub Cadet lawn mower. Upon his arrest, he was found in possession of the stolen property along with a small safe containing paperwork from the residence. All of the items were recovered.

There was also an outstanding parole warrant for Johnston at the time of his arrest.

Barbara E. Ferrando, 38, of 53 W. Main St., Apt. 101, Corfu, is charged with harassment, 2nd. Ferrando is accused getting into a dispute with a store clerk. During the alleged confrontation, she allegedly reached behind the counter and struck the clerk with a plastic coffee mug, causing minor injuries.

Jessica J. Moscicki, 19, of 19 Briarwood Terrace, Batavia, is charged with aggravated unlicensed operation, 3rd and criminal impersonation, 2nd.  Moscicki was charged after allegedly giving a false name to Officer Ed Mileham during a traffic stop in the Tops Market parking lot at 2:30 p.m., yesterday. After further investigation, her identity was discovered and it was revealed she had a suspended license.

Brian L. Smith, 48, of 4128 Colonial Blvd., Batavia, is charged with criminal contempt, 2nd. Smith is accused of violating a court order by sending computer messages to a woman in Florida. Smith was allegedly barred from any contact with the woman. The messages were reportedly sent on Feb. 16. He was arrested yesterday around noon.

Mark Paul George, Sr., 51, of 3281 Broadway Road, Alexander, is charged with harassment, 2nd. George allegedly got into a dispute with a woman in Darien over some property. When the other person attempted to contact the police, George allegedly struck her hand, knocking her mobile phone away. There were no injuries reported.

Harry J. Reed, 28, of Rochester, was charged by State Police with DWI. Reed was stopped at 42 Green Knolls Road, Stafford, at 8:42 a.m., Monday. No further information is available.

Accidents from the State Police blotter:

3:38 p.m., Feb. 22, Barrville Road, Elba, two vehicles; Driver 1: Mary R. Prior, 67, of Batavia; Driver 2: Kim C. Clark, 59, of Attica. No injuries reported.

10:18 p.m., Feb. 22, Lewiston Road, Alabama, one vehicle; Driver 1: Brandy L. Golding, 35, of Akron. No injuries reported.

5:40 a.m., Feb. 23, Attica Road, Darien, one vehicle; Driver 1: David M. Roberts, 39, of Attica. No injuries reported.

4:37 p.m., Feb. 22, Mile Marker 397.4, Thruway, Pembroke, one vehicle; Driver 1: Michael H. Moran, 20, of Batavia. No injuries reported.

4:44 p.m., Feb. 22, Mile Marker 403, Thruway, Pembroke, one vehicle; Driver 1: Allessandra R. Falcao, 27, of Kearny, NJ.

12:03 a.m., Feb. 23, Mile Marker 394.7, Thruway, Batavia, one vehicle: Driver 1: Michael R. Eaton, 34, of Rush. No injuries reported.

A 23-year-old former Batavia resident who snatched a wallet from a fast-food patron last fall pled guilty this afternoon to attempted robbery in the third degree.

Misty Guadagno -- who used to live on State Street, but now resides at 1713 Lake Road, Apt. 2, in Hamlin -- admitted to Judge Robert Noonan in Genesee County Court that she forcibly stole a wallet from a Batavia woman on Nov. 13.

The victim was waiting at the counter to place an order at Wendy's when Guadagno pushed against her, took her wallet and ran out, heading toward Genesee Country Mall. A man who'd been eating lunch in the parking lot saw the commotion and chased her down. The citizen, along with two others, kept custody of the thief until police arrived.

The wallet and its contents were retrieved, except for the money, which seemed to have just dispappeared.

Guadagno appeared in court by herself, wearing tight, faded jeans and a tight, light gray hoodie. Her straight blond hair was pulled back in a ponytail. As always, the judge asked the defendant what was the last year of school completed. She told him she graduated high school with a diploma and has completed one and a half years of community college.

When questioned about the crime, Gaudagno told Noonan that she "took several pills that day" and she was "coming off a lot of drugs."

"The whole day was actually a blur," she said.

At this point, Noonan enlightened her about the ramifications of this contention. He said this was an intentional crime and that if it went to a jury, the People would have to prove, not just the theft, but the intention to commit the crime.

But if she were to maintain that being under the influence of drugs impacted her thought process, and the jury thereby found her unable to show intent, the case could be dismissed. So in pleading guilty, she gives up the drugs-made-me-do-it defense and the possibility of dismissal.

District Attorney Lawrence Friedman said the paperwork from the arresting officer states the defendant explained her actions in detail and when asked if she was on drugs, she said, no, she didn't have the money (to buy them).

A recess was declared so counsel Melissa Cianfrini, who is temporarily handling the case for Public Defender Gary Horton, could explain the legal points. They left the courtroom for three minutes and returned. While waiting for the judge to return, Guadagno sat with Cianfrini. They chatted, the defendant re-wrapped her ponytail, appeared at ease, animated and giggling at times.

After Noonan returned, he accepted her plea, wherein she waived indictment by a Grand Jury and said she was guilty of attempted robbery in the third degree, a Class E felony.

She faces up to six months in jail, five years probation, a $5,000 fine, a mandatory $350 surcharge, $50 DNA data base fee, restitution and a 10-percent penalty fee is she fails to pay the unspecified restitution on time. A one-year order of protection was issued for her to stay far and away from the victim in the case.

Her next court appearance is called a pre-sentence investigation, set for 9:15 a.m. on June 17.

She was free to leave until then, despite Friedman's concern about her ability to appear again as promised, based on her actions Monday.

It seems that her case was originally set for 11 a.m. and she didn't show, but called to say she had car trouble and would be there later, at 4:30. The prosecution submitted a petition for a bench warrant, but since the judge wasn't going to be available that late in the afternoon, he rescheduled the case for 2:30 today.

"It was the worst possible time for her to have car trouble," Cianfrini told Noonan.

Previously: Suspected purse snatcher nabbed in Batavia

BATAVIA, NY --- A fourth person has been arrested in connection with a residential burglary on State Street that occurred Sept. 1 in which household items and a car were reportedly stolen.

Taken into custody by Batavia Police detectives yesterday morning was Quentin L. Gibson, 25, of 27 Richmond Ave. He was charged with burglary 2nd.

Previously arrested in connection with the alleged burglary were Reginald M. Wilson, 37, Dillon M. Brito, 19, and Joseph D. Dash, 24.

A Batavia man admitted in Genesee County Court this morning that on Aug. 31, he got drunk, got mad and wound up hurting his own 4-year-old son after he threw a chair at another person, striking his son instead.

James S. Nottingham Sr., pled guilty to attempted assault 3rd, DWI and aggravated unlicensed operation.

The attempted assault charge requires the prosecution to prove that Nottingham intended to hurt another person. Judge Robert Noonan made sure that Nottingham understood his right at trial to use his intoxication as possible proof that he wasn't aware that his actions might cause serious injury.

The charge is a felony and serves as his second felony for purposes of sentencing.

Nottingham, 30, who finished ninth-grade, admitted to a felony count of criminal mischief in 2005. He also had a DWI conviction in Batavia City Court last year.

Attorney Gary Horton asked to have Nottingham released under supervision, but Noonan denied his request and continued his bail.

In the Aug. 31 incident, Nottingham said he threw the chair at Warren Cotton.