crime

Troopers are investigating the report of a vehicle stolen from a location on West Main Road, Stafford.

No further information available at this time.

Joshua M. Gaudioso, 25, of 114 Lake St., Le Roy, was arrested by the Le Roy PD on Monday and charged with one count of Petit Larceny, a Class A misdemeanor. It is alleged that on or about Sept. 24, Gaudioso stole a laptop computer valued at under $1,000 from an acquaintance. Gaudioso was issued an appearance ticket and is scheduled to answer the charge in Le Roy Court on Oct. 27.

Jeremy M. Fridman, 27, of Pearl Street, Batavia, is charged with leaving the scene of a property damage accident and aggravated unlicensed operation, 2nd. He was arrested Oct. 18 on West Main Street, Batavia, after an investigation determined that he allegedly operated a motor vehicle that was involved in an accident at 390 W. Main St. in the city two days prior, Oct. 16. He was jailed in lieu of $2,500 cash bail or $5,000 bound. The incident was investigated by officer Nedim Catovic.

Michele Louise Bialy, 47, of East Main Street, Batavia, is charged with driving while intoxicated and aggravated DWI, per se, with a BAC of .18 or more. She was arrested at 4:21 p.m. on Oct. 11 following an investigation into reports of a vehicle driving erratically in the City of Batavia. She was released after being cited with traffic tickets and is to appear in city court on Oct. 29. The incident was investigated by officer Matthew Wojtaszczyk.

Marcos A. Torres, 32, of Sunrise Parkway, Oakfield, is charged with second-degree harassment. He was arrested Oct. 16 following an investigation into a domestic incident that occurred on Oct. 13 in which an argument allegedly took place and Torres allegedly spit in the victim's face. He was released on an appearance ticket and is to return to city court this afternoon. The incident was investigated by officer Eric Foels.

Falicia N. Tuczai, 23, of Horseshoe Lake Road, Stafford, is charged with driving while intoxicated, first offense, and operating a motor vehicle with a BAC of .08 or more. She was arrested Oct. 13 following a complaint for a suspicious condition on Washington Avenue in the city. Tuczai was issued two traffic tickets. She is to appear in city court on Oct. 29. The incident was investigated by Devon Pahuta.

Jennifer L. Stack, 28, is charged with disorderly conduct for obstructing pedestrian traffic. On Oct. 17, Stack and her boyfriend, Ryan Warner, both of 48 S. Main St. (lower), Batavia, were allegedly creating a disturbance by interfering with the flow of pedestrian traffic of customers in the Court Street Plaza. They were issued appearance tickets and are to return to city court on Wednesday to answer the charge. The incident was investigated by officer Frank Klimjack, assisted by officer Jason Davis.

Morgan B. Powell, 31, of Harvester Avenue, Batavia, had an active arrest warrant for failing to appear for a suspended/revoked registration ticket issued Sept. 7. She was released on her own recognizance and is to appear in city court on Wednesday. The incident was investigated by officer James DeFreze assisted by officer Nedim Catovic.

Danielle M. Weaver, 23, of Chestnut Street, Batavia, is charged with unlawful possession of marijuana and endangering the welfare of a child less than 17. The charges stem from an incident that allegedly occurred on Ellicott Street on Oct. 15. Weaver allegedly possessed marijuana and allegedly admitted smoking the drug inside a vehicle while a 5-year-old child was inside. The incident was investigated by officer Chad Richards, assisted by officer James DeFreze.

Melissa C. Cicatello, 23, of Evans Street, Batavia, is charged with unlawful possession of marijuana and endangering the welfare of a child. The charges stem from an incident that allegedly occurred on Ellicott Street on Oct. 15. Cicatello was locked out of her vehicle and officer James DeFreze responded to assist her. While opening the vehicle, the officer allegedly observed marijuana in her vehicle. It was subsequently determined that Cicatello allegedly smoked marijuana with a friend while in close proximity to her 5-year-old daughter. She was issued an appearance ticket. The incident was investigated by officer James DeFreze, assisted by officer Chad Richards.

Landrea D. Wroten, 42, of Lewis Place, Batavia, had two active bench warrants for failing to appear on petit larceny charges that were issued April 26. She was located by officer James DeFreze while he was handling an unrelated complaint. Wroten was released on her own recognizance.

A 17-year-old from Batavia was arrested for second-degree harassment with physical contact, and endangering the welfare of a child following an investigation of a physical altercation that took place on Oct. 10 on Bank Street. It is alleged that the youth fought with a juvenile at that location. The defendant was released on an appearance ticket and is to appear in city court on Nov. 18. The incident was investigated by officer Nedim Catovic.

A 16-year-old, of Ridge Road, Medina, is charged with second-degree harassment and endangering the welfare of a child following a short foot pursuit in the Thorpe / Watson Street area on Oct. 13. The defendant to accused of punching a juvenile in the back of the head while on Thorpe Street in the city. The youth is to be arraigned this afternoon. The incident was investigated by officer Jason Ivison, assisted by officer, Chad Richards.

A 16-year-old, of Maple Street, Batavia, is charged with disorderly conduct. The defendant was arrested Oct. 16 at about 7:50 p.m. while on State Street for allegedly repeatedly using obscene language in the direct presence of numerous bystanders and police. The youth was released on an appearance ticket and is to appear in city court on Nov. 4. The incident was investigated by officer Nedim Catovic, assisted by officer Chad Richards.

A homeless 17-year-old from Mt. Morris had two active bench warrants out of the City of Batavia. One for failing to appear on a charge of endangering the welfare of a child on Wood Street, and the other for disorderly conduct on Wood Street on May 17. The defendant was taken into custody Oct. 17 by Mt. Morris PD then custody was transferred to Batavia PD. The youth was jailed in lieu of $1,000 bail and is set to appear in city court on Thursday. The incident was investigated by officer James DeFreze, assisted by officer Felicia DeGroot.

Stephen Douglas Urban, 37, of Walkers Road, Darien, is charged with grand larceny, 4th. Walker is accused of picking up a wallet that contained two debit cards from the floor of Walmart that was dropped by another shopper. Rather than turn the wallet in to customer service, Urban allegedly searched through the wallet and discarded it, rendering it unrecoverable by the wallet's owner.

Luis Ortiz, 42, of Batavia, is charged with DWI, driving with a BAC of .08 or greater. Ortiz was stopped for allegedly speeding on Southwestern Boulevard, West Seneca, by State Police as part of a DWI detail in conjunction with the Buffalo Bills game on Sunday.

Coretta Pitts

Coretta M. Pitts, 46, of Batavia, is charged with acting in a manner injurious to a child less than 17 years old; endangering the welfare of a child; and criminal possession of a controlled substance, 7th. Pitts was arrested by State Police as a result of an investigation into an alleged domestic incident involving a 13-year-old child. In the course of the investigation, troopers allegedly found two glass pipes containing cocaine residue. Pitts was jailed on $1,000 bail or $2,000 bond.

Harold Chinn, 49, of North Main Street, Oakfield, is charged with petit larceny. Chinn is accused of taking the mobile phone of another customer at Walmart after the customer left the phone behind on a counter top at checkout. 

Jennifer Lynn Sprague-Clark, 31, of Vine Street, Batavia, is charged with assault, 2nd, criminal possession of a weapon, 3rd, and menacing, 2nd. Sprague-Clark was arrested by Niagara Falls PD on a warrant for alleged failure to appear on the listed charges. Sprague-Clark was jailed pending arraignment.

Joseph Michael Marranco, 43, of Walnut Street, Batavia, is charged with petit larceny. Marranco is accused of shoplifting $209.96 worth of merchandise from Kmart.

Michele Antonia Martinez, 45, of Applegate Drive, Medina, is charged with petit larceny. Martinez is accused of shoplifting at Kmart.

Andrea Marie Gray, 36, of South Main Street, Batavia, is charged with two counts of criminal contempt and resisting arrest. Gray allegedly used profanity and became combative while being escorted from Batavia City Court. While being arrested, she was allegedly combative and had to be restrained.

Jessica Moscicki
Greece PD photo

A 24-year-old woman from Batavia is facing federal charges following an investigation into a robbery in Greece earlier this month where the suspects got off with more than $200,000 in cash, diamonds and luxury watches.

Jessica Jane Moscicki is charged with possession and brandishing of a firearm in furtherance of a crime of violence, obstructing commerce by robbery and aiding and abetting a federal offense. She faces from seven years to life in prison, if convicted, under federal sentencing guidelines.

Also arrested was Clarence Lambert, 22, residence unknown. He is charged with obstructing commerce by robbery, and possessing and brandishing a firearm in furtherance of a crime of violence. 

The duo is accused of going to a jeweler's location in Greece and using a firearm to steal more than $200,000 in cash, diamonds, and luxury watches.

The victims were allegedly pistol whipped and locked in a closet.

Moscicki was picked up by federal authorities following a period of police surveillance. She was pulled over while driving on Niagara Falls Boulevard in Amherst. 

According to investigators, Moscicki went the jeweler's place five days prior to the robbery and asked for a person unknown to the victim. 

Lambert allegedly tried to sell a stolen Rolex watch at a pawn shop in Rochester on Oct. 14, and Moscicki was reportedly with him at the time. 

Rochester Police responded to the pawn shop and attempted to apprehend Lambert, who allegedly fled on foot. He was located later hiding in a box in a garage on Frankfurt Street and was later identified by the jeweler as one of the alleged robbers.

When she left the pawn shop, Moscicki was reportedly driving the same vehicle she was in when stopped in Amherst. 

Both Moscicki and Lambert are being held by federal authorities without bail. 

Shelly Ann Fox, 33, of Fisher Park, Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving with driver's view obstructed. Fox was arrested following the investigation by Deputy Andrew Hale at 11:35 p.m., Wednesday, into a report of an intoxicated driver in the parking lot of Tops.

Ryan Phillip Clarke, 25, of Meigs Street, Rochester, is charged with criminal contempt, 2nd. Clarke is accused of sending text messages to a protected party, in violation of a court order.

Misty Rose Bogan, 18, of Mill Street, Binghamton, is charged with criminal contempt, 1st, and harassment, 2nd. Bogan was arrested on a warrant and released under supervision of Genesee Justice.

Aaron C. Lyons, 18, of East Main Road, Le Roy, and Anthony M. Paladino, 19, of Clay Street, Le Roy, are charged with unlawful possession of marijuana. Lyons and Paladino were arrested after police were called to investigate a suspecious vehicle parked in the Machpelah Cemetery.

   

Elijah Coombs, left, and Mark McNutt

Press release:

Two arrests were made Oct. 15 by the Genesee County Local Drug Enforcement Task Force, which is comprised of members from the Sheriff's Office, Batavia Police NET, and Le Roy Village PD.

Elijah R. L. Coombs, 20, of Orchard Street, Oakfield, is charged with criminal sale of a controlled substance, 3rd, a Class B felony, and criminal possession of a controlled substance, 3rd, also a Class B felony.

Mark A. McNutt, 20, of Spencer Court, Batavia, is charged with: criminal possession of a controlled substance, 7th, a Class A misdemeanor; criminal possession of a hypodermic instrument, also a Class A misdemeanor; and unlawful possession of marijuana.

The Drug Task Force, along with uniformed Sheriff's deputies, intercepted a heroin sale that was in progress Wednesday in the parking lot of a business on Lewiston Road, Batavia. Deputies conducted a traffic stop on the vehicles involved and located additional drugs inside and on the occupants.

Coombs allegedly sold heroin. He was arraigned in Town of Batavia Court and jailed on $10,000 bail.

McNutt allegedly possessed marijuana, a hypodermic instrument, and tramadol, a controlled substance. A quantity of U.S. currency was also seized. He issued an appearance ticket to be in Town of Oakfield Court on Oct. 27, then released to the Eric County Sheriff's Department for an outstanding warrant.

Jeremy  Yantz Cheryl Smith Robert Morrison

Jeremy S. Yantz, 34, of South Gravel Road, Medina, is charged with criminal sale of a controlled substance, 3rd. Yantz is accused of selling cocaine to an undercover agent with the Local Drug Task Force sometime during the past 18 months. Yantz was arrested while in custody at the Orleans County Jail. He was arraigned in Elba Town Court and jailed on $3,000 bail. Yantz was arrested April 1 on a warrant out of Orleans County and he was also allegedly found in possession of an amphetamine and a central nervous system depressant. He was charged today with criminal possession of a controlled substance, 7th, as a result.

Cheryl A. Smith, 47, of Pratt Road, Batavia, is charged with criminal sale of a controlled substance, 3rd, criminal sale of a controlled substance, 5th, criminal possession of a controlled substance, 3rd, and criminal possession of a controlled substance, 5th. Members of the Local Drug Task Force report that on Monday, agents intercepted a drug-sale transaction involving multiple types of prescription pills in multiple quantities in the parking lot of a business on Lewiston Road. It's alleged that Smith was making the sale. The pills and an amount of cash were recovered at the scene. Smith was jailed on $5,000 bail.

Robert A. Morrison, 57, of Watson Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, two counts of criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 5th, criminal possession of a controlled substance, 5th, and criminal possession of a controlled substance, 7th. Morrison is accused of selling heroin and flurazepam to an agent of the Local Drug Task Force within the past six months. When task force members went to his residence with parole officers to arrest him on a warrant, he was allegedly found in possession of cocaine. Morrison was held in jail without bail on an alleged parole violation.

Christine M. Wyder, 47, of East Main Street, Batavia, is charged with petit larceny. Employees of 7-Eleven, 505 E. Main St., Batavia, allege that Wyder stole a coffee mug and coffee. They also claim she ordered a slice of pizza and taquitos and then was unable to pay for the food items and told staff to call police. Wyder then allegedly refused to pay for the coffee and left the store, leaving her shoes behind.

Daniel T. Gannon, 53, of Liberty Street, Batavia, was arrested on a warrant for alleged failure to appear in City Court. He posted $60 cash bail and was released.

Ballard Polk Maye, 28, of East Main Street, Batavia, was arrested on warrants for alleged failure to appear on a ticket for aggravated unlicensed operation, 3rd, and overnight parking in the city. Maye was observed by officer James DeFreze exiting his residence and getting in a vehicle and leaving. The vehicle was stopped and Maye was arrested without incident. He was released on $500 bail on the AUO, 3rd, charge and $100 on the parking ticket.

William J. Mellema, 50, of Almay Road, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, unlicensed operation of a motor vehicle and speeding (70 in a 55 mph zone). Mellema was stopped at 3:36 p.m. Saturday on Route 98, Elba, by deputy Joseph Loftus.

Cory B. Buckenmeyer, 24, of Alexander, is charged with falsely reporting an incident, 3rd. Buckenmeyer was arrested by State Police. No further details released.

Joseph R. Myers, 25, of Rochester, is charged with petit larceny. Myers is accused of stealing from a location on Veterans Memorial Drive.

Coretta M. Pitts, 46, of Batavia, is charged with criminal possession of a controlled substance, 7th, and acting in a manner injurious to a child less than 17 years old. Pitts was arrested by State Police related to an incident reported at 10:55 a.m. Saturday on West Main Street, Batavia. No further details released.

Eric James Flowers, 27, of Seven Springs Road, Batavia, is charged with aggrevated unlicensed operation of a motor vehicle, 2nd, reckless driving, trespass, speeding in a 55 MPH zone, trespass, and moving from lane unsafely. On Oct. 12 at about 5:50 p.m., Flowers was allegedly observed driving a white pickup truck at a high rate of speed. He allegedly changed lanes unsafely and turned into a residence on Judge Road in Alabama, almost striking a child in the driveway. He then allegedly jumped out of the truck and ran into a field behind the residence, hiding there until being located by the resident. Next, he allegedly ran further into the field before being taken into custody by Sheriff's deputies and booked on the listed charges. The incident was investigated by deputy Joseph Loftus.

Richard D. Ryan, 38, of Lehigh Avenue, Batavia, is charged with attempted petit larceny, trespass, and unlawful possession of marijuana. He was arrested after allegedly being caught going through a tool box in the bed of a pickup truck in a driveway on Ellicott Street. Subsequently, he was allegedly found in possession of marijuana. He was jailed in lieu of $500 bail. The incident was investigated by officer James DeFreze, assisted by officer Nedim Catovic.

Morgan L. Cox Jr., 22, of State Street, Batavia, is charged with menacing, 2nd, and first-degree coercion. He was arrested following an incident where he allegedly threatened someone with a knife. He was jailed in lieu of $2,500 bail.

Russell R. Miles, 46, of South Main Street, Batavia, is charged with criminal contempt, 1st. He was arrested on Oct. 10 after allegedly arriving at the residence of a person protected by a temporary stay away order issued the same day. The court order set specific times for him, with a police escort, to retrieve his property. He was allegedly at the residence after the court-ordered times and without a police escort in violation of the court order. Thus he was arrested and jailed without bail. The incident was investigated by officer Jamie Givens, assisted by officer James DeFreze.

Alicia May Lyons, 34, of State Street, Batavia, is charged with trespass. She was arrested Saturday afternoon on Bank Street after allegedly being told repeatedly to leave the property, leaving, then returning. She is to appear in court on Oct. 28. The incident was investigated by officer Nedim Catovic.

John Bruce Pritchard, 36, of South Main Street, Warsaw, is charged with petit larceny. He was allegedly observed stealing merchandise valued at $84.68 from Walmart on Oct. 12. He was issued at appearance ticket and is scheduled to appear in Batavia Town Court at a later date. The incident was investigated by Sheriff's deputy Chad Minuto.

Rebecca E. Mulholland, 23, of Lake Street, Le Roy, was arrested Oct. 1 on a bench warrant in Le Roy and transported to Batavia PD headquarters. A judge then released her on her own recognizance pending her next court appearance. The incident was investigated by officer Peter Flanagan.

At least 10 cars were broken into overnight and had items stolen, according to radio transmissions.

Some of the cars -- if not all -- were forced break-ins, rather than the usual opportunistic unlocked vehicle break-ins.

The location of the cars are both within and without city limits, largely in a line from East Pembroke to the city.

Law enforcement officers with both Batavia PD and the Sheriff's Office are taking reports and calls seem to still be coming in.

UPDATE 3 p.m.: We spoke with Sgt. Eric Bolles, Batavia PD. Overnight, two cars on Ellicott Avenue had items stolen from inside the vehicles. Neither car was locked. Since Oct. 4, there have been 12 car break-ins in the city. All but three of them had items stolen. All were unlocked.

We spoke with Deputy Chris Parker who said the Sheriff's Office has taken 11 reports so far on car break ins with items stolen.  There are three reports pending. At least 10 residents have reported car break-ins with only spare change or nothing taken, and the residents did not wish to file a report. The line of break-ins extends along Pearl Street Road and includes side roads such as Wortendyke, Read and Hartshorn. One vehicle had more than $1,000 in cash stolen. Another car had credit cards stolen. Both of those crimes are grand larcenies. While some of the radio transmissions reported cars being locked, Parker said so far there is no evidence of forced entry on any of the vehicles. One report of a locked car is still pending.

UPDATE 6 p.m.: The Sheriff's Office has put out a statement saying that over the past couple of weeks deputies and investigators have been dispatched to a large number of larcenies from vehicles in the East Pembroke area.  The broken-record request from officials, "lock up your vehicles."

Photos: Investigator Kris Kautz found a good set of fingerprints on a picuup truck on Pearl Street Road.

Karen Soccio Anthony Sgroi

Karen L. Soccio, 52, of Batavia, is charged with criminal sale of a controlled substance, 5th, and Anthony P. Sgroi, 49, of Warsaw, is charged with criminal possession of a controlled substance, 7th, possession of a controlled substance not in original container and possession of untaxed cigarettes. State Police report that a trooper putting gas in his patrol vehicle observed an individual on Park Road who was handling a small quantity of pills. Upon investigation, the trooper determined the pills were tramadol, a controlled substance. Sgroi was placed in custody and was allegedly found to possess clonazepam, also a controlled substance, and about 1,000 un-stamped cigarettes. With further investigation, Soccio was found to be Sgroi's alleged supplier. Sgroi was jailed on $5,000 bail. No word on Soccio's bail or if she was released.

Lawrence G. Merritt, 52, of Batavia, is charged with petit larceny. Merritt is accused of taking a bicycle that was on display in the store and attempting to exchange the un-purchased bike at the service desk for cash, using a receipt from an earlier bike purchase.

Lawrence Charles Vanocker, 45, of East Street, Gainsville, is charged with petit larceny. Vanocker is accused of stealing $183.87 in merchandise from Walmart.

Another business in Batavia has reported a force-entry burglary, but since the business was closed a few days, the owner can't say whether it happened last night or the same night as four other area businesses were broken into.

Travis Farewell, owner of Sweet Pea's Cupcakery Cafe on Jackson Street, confirmed that a burglar broke open his register and stole cash. He also said the Habitat for Humanity donation box was broken and all of the money in it was stolen.

Det. Todd Crossett confirmed a crime report was taken, but said no other businesses have come forward.

Yesterday, we reported that Salvania's, just a few doors down from Sweet Pea's, was broken into and cash was taken. Three other businesses in the city also showed signs of forced entry, but nothing was reported stolen.

Anybody with information that may be useful to the investigation can contact Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Press release:

The Batavia Police Department and other law enforcement agencies throughout the county, have been receiving reports of unlocked vehicles being entered and property being taken. These incidents have occurred over the last several months.

We would like to remind citizens to secure their vehicle’s, and other valuable property, at all times to help prevent these types of larcenies from occurring.

Citizens with information pertaining to these incidents which have occurred in the City of Batavia, are asked to contact the Batavia Police Department at 585-345-6350. Information can also be provided by calling the Batavia Police Confidential Tip Line at 585-345-6370 or by accessing the Batavia Police Department’s Web site and making use of the Suspicious Activity reporting link.

A hit-and-run driver damaged a sign at First Niagara Bank at 2:46 p.m., Sept. 26, and Batavia PD is asking for the public's help in identifying the driver.

The car reportedly sped through the ATM lane at the First Niagara branch on Court Street and struck a bank sign and continued without stopping.

The gold Chevrolet Impala likely sustained damage to the driver-side front fender.  

The driver is described as an older female.

If you have information that may assist in the investigation, contact Officer James DeFreze at (585) 345-6350.

Samuel G. Malone turned from the defense table after Judge Robert C. Noonan finished with him and smiled.

He looked out into the gallery as he strode from that moment where his entire future hung in the balance and spotted his wife and baby and the smile grew wider.

The convicted burglar will remain a free man, at least as free as a man can be while on four years probation.

In that moment, he heard something few convicted criminals ever hear: Praise from an often stern judge with little patience for defendants who don't keep their promises.

Malone kept his promises. He's stayed clean. He's lived sober. He's kept a job. He's worked hard. He's walked the line as a husband and father.

"I'm truly sorry for what I did," Malone had told Noonan. "I am. I have really turned around my life, 100 percent, in every aspect of it. I'm a hard worker. I work 50 to 60 hours a week. I love my children and I love my wife."

Malone hit the front pages in April 2013 in a rather notorious way.

In December 2012, a grand jury indicted a DNA profile as a "John Doe" because the statute of limitations was about to expire on the crime. Even without a name, based on that unique DNA profile, the suspect for those burglaries of local businesses could still be charged.

Five months later, after Malone had been convicted on an unrelated felony, and a DNA sample was collected, as required by law, Malone was identified as that "John Doe."

In August, 2013, Malone entered a guilty plea to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

Rather than sentence Malone to prison in November, Noonan heeded the advice of the probation departments in Alleghany County (where Malone now lives) and Genesee County. Both probation departments reported that Malone was doing well, staying clean and out of trouble, and leading a new life.

So Noonan put Malone on interim probation for six months.

The judge admitted he was pleasantly surprised at how things worked out.

His own handwritten note from Nov. 12, Noonan said, told him that he thought for sure he would be sending Malone to prison today. The note said, Noonan told Malone, that even a perfect performance while on interim probation wouldn't necessarily keep Malone out of state lock up.

"It's amazing, the turn around you've done," Noonan said. "Even the probation department --certainly no push over on recommendations -- says it would be a step backwards for you to give you any incarceration at this time because you're doing so well."

Noonan's decision to put Malone on probation ran counter to the recommendation of District Attorney Lawrence Friedman, who questioned whether a community-based sentence was appropriate given the severity of the charges.

"I've read the recommendations and he's doing in fact apparently well, and he's done everything, other than driving without a license, that he's supposed to do," Friedman said, "but I'm troubled by the number of serious crimes this defendant committed."

Public Defender Jerry Ader acknowledged that Malone was convicted of a series of serious crimes, but also pointed to how well Malone has done both on probation for his original conviction and the interim probation granted by Noonan.

"He's proven himself almost more than any other client I can remember coming through our office," Ader said. "He has turned his life around. He will be an asset to the community, to his family and to his children."

Noonan reminded Malone that if nothing else, for the next four years, the 28-year-old father will have a lengthy prison term awaiting him if he strays from the path of law-abiding citizen.

"You will have 18 years of prison hanging over your head for any violation of the law while on probation," Noonan said. "That should be sufficient incentive to keep you on the straight and narrow, though you seem to have found your own incentive through your work and family."

Cordyn C. Mack, 25, of Wood Street, Batavia, is charged with unlawful imprisonment, 2nd, endangering the welfare of a child, and second-degree harassment. On Oct. 8, Mack was involved in a domestic disturbance that was physical with a female who resides with him. Mack allegedly refused to allow the victim to leave the residence with her infant, and then struck the victim in the face with an open hand while she still had her child in her arms. Mack was arraigned in city court and released under supervision of Genesee Justice. The incident was investigated by Batavia Police officer Frank Klimjack, assisted by officer Mitchell Cowen.

Delwin D. Robinson, 33, of Lake Road, Pavilion, was arrested on Oct. 8, 2014 by the Le Roy Police Department and charged with unlawful possession of marijuana. Robinson was a passenger in a vehicle which was stopped for alleged vehicle and traffic violations. After a brief investigation, Robinson was allegedly found in possession of marijuana. Robinson was issued an appearance ticket and is scheduled to appear in the Le Roy Town Court on Nov. 17.

Police are investigating break-ins into four local business, though only one business owner reported missing property.

Salvania's Restaurant, on Jackson Street, had its cash register tipped and money was stolen, said Sgt. Det. Todd Crossett.  

There's apparently nothing missing from Anything Your Heart Desired on East Main Street, Golden Coin Laundry, East Main Street, and Sterling Tent, on Pearl Street, Crossett said.

There are few leads in the case at the moment, Crossett said. 

Anybody with information that may be useful to the investigation can contact Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Fox'r is ready to go home. Whose home, we don't know yet, but it won't be the home of Nina Kelso.

In City Court today, Kelso finally surrendered ownership of the boxer, who has been living at the Animal Shelter since being found on death's doorstep at Kelso's former residence on Hutchins Street more than nine months ago.

He can now be adopted into a forever home by a local resident.

While Fox'r has put on weight -- he's up to 84 pounds -- and regained his strength, he's also been fidgety and nervous while confined most hours of the day to a cage at the shelter. He likes people and wants to be around people, volunteers say.

The volunteers at the shelter have taken to calling him "Skully" and "Boyfriend" and they've been eager to see Kelso's court case completed so he could find a new home.

Concern for the dog is one reason the District Attorney's Office agreed to a plea bargain in the case, ADA Robert Zickl told Judge Robert Balbick in City Court today.

"There's no reason for the animal to continue being confined to the shelter," Zickl said. "It should be adopted out and that is what we prefer to do because it's in the best interest of the dog." 

Kelso entered a guilty plea on an Alford basis to one count of torturing an animal.

An Alford plea means she concedes she would likely be found guilty by a jury, but does not admit to the facts of the prosecution's case against her.

Today's proceedings started with Kelso's attorney, Fares Rumi, laying out his understanding of the plea agreement offered by the people.

The agreement was a guilty plea to torturing an animal, no fees for his care up at the shelter and no jail time.

Balbick shot back that he wouldn't necessarily agree to the terms at sentencing.

"I would have to look at her background, a pre-sentence investigation, the facts of the situation and decided if no jail would serve appropriate justice," Balbick said. "I can't do that blindly. I know nothing about your client except that she is charged with torturing an animal."

Looks of shock and horror passed over Kelso's face, who sat at the defense table in a black blouse fiddling with a long silver chain draped around her neck. She appeared close to tears.

After some whispers between her and Rumi, some more back and forth between Rumi and Balbick, Balbick suggested the attorneys proceed with the planned suppression hearing.

Rumi had made a motion to get thrown out any statements Kelso made to Officer Jamie Givens the day she responded to an animal cruelty complaint at 142 Hutchins St. on Feb. 4.

Givens found Fox'r at the top of a common stairwell (shared by two apartments). Food was strewn everywhere, there was no water, and it didn't appear that Fox'r even had the strength to raise his head, Givens testified.

He was so emaciated his ribs were showing.

Minutes after Givens arrived on scene, Kelso came up and walked up the stairs and spoke with Givens.

Rumi argued that Kelso should have been read her rights before speaking with Givens. An argument Balbick would later reject saying that Kelso wasn't in custody at the time and her statements were voluntary. 

Kelso told Givens, Givens said, that Fox'r had eaten either cigarettes or some chemical that made him sick and cause sudden weight loss. Kelso reportedly said she knew Fox'r was close to death and that her brother-in-law was supposed to pick him up the next day and take him some place and shoot him to death.

Through the entirety of Givens testimony, Kelso sat silently shaking her head "no."

After the testimony, both attorneys met with Balbick privately.

When they came back into the courtroom, Rumi met with Kelso privately. They all then approached the bench and Rumi said Kelso had agreed to the terms.

Balbick again emphasized that he retains the option to reject her guilty plea when she comes in for sentencing Jan. 6.

Through tears, Kelso said she understood.

As the details of her guilty plea and the process were discussed, Kelso stood next to her attorney nearly sobbing, but mostly holding it together.

When Balbick asked her if she was ready to surrender the dog, Kelso could barely form the word "yes" with her mouth, started to sob briefly and looked straight up at the ceiling.

Seconds passed, and she managed to sob, "yes."

An animal control officer at the back of the courtroom began preparing the paperwork.

The animal shelter is located at 3841 W. Main Street Road, Batavia. Phone: (585) 343-6410. Applications for adoption are being accepted immediately.  

Around the time of Kelso's arrest, another Batavia woman, Lauren K. Pellegrino, also also arrested for allegedly mistreating her dog, Nessa. Pellegrino was scheduled to appear on her case at 1:30 p.m., and as of 4 p.m., she had yet to show up in City Court. She missed a previous court appearance, as well, and eventually turned herself in on a warrant, according to court officials. The court was attempting to contact her attorney this afternoon. Nessa remains confined to the shelter.

CORRECTION: we originally wrote "no fine." Kelso could be fined up to $1,000. The plea relieves her of responsibility for shelter fees. However when Balbick informed her she could be fined Kelso said she had been willing to pay for Fox'r's care.

Michael Robert Sigl, 22, of Pratt Road, Batavia, is charged with criminal possession of a forged instrument, 2nd. Sigl allegedly forged a check Sept. 4 from another person's account and used it to make a purchase at a local retail store for $277.54. Sigl is already incarcerated at the Genesee County Jail  on five counts of criminal possession of a forged instrument was arraigned on the new charge and ordered held on $10,000 cash bail. 

Dylan B. Boykins, 41, of Pringle Avenue, Batavia, is charged with attempted petit larceny. Boykins allegedly tried to steal merchandise from Dollar General.

Justin J. Koepp, 32, of East Main Road, Batavia, is charged with unlawful possession of marijuana. Koepp was charged following an investigation into a reported domestic incident.

Eric John Davis, 36, of Read Road, Corfu, is charged with criminal contempt, 2nd. Davis allegedly violated an order of protection.

Aaron Klein

Aaron Lee Klein, 43, of Harvester Avenue, Batavia, is charged with criminal sale of a controlled substance, 3rd, possession of a hypodermic instrument, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. A plain clothes police officer observed Klein allegedly selling marijuana and heroin to another person at 3:09 p.m. Oct. 1 on Dellinger Avenue, Batavia.

James Albert Hancock, 45, of East Main Street, Batavia, is charged with possession of a hypodermic instrument, criminal possession of a controlled substance and unlawful possession of marijuana. A plain clothes police officer observed Hancock allegedly make a purchase of marijuana and heroin from another person at 3:09 a.m. Wednesday on Dellinger Avenue, Batavia.

Robert Propst

Robert J. Propst, 34, of Maple Street, Batavia, is charged with first-degree robbery, grand larceny 4th, criminal possession of a weapon and menacing, 2nd. Propst is accused of displaying a knife at 10:27 p.m. Aug. 6 while on Pearl Street, Batavia, and demanding the wallet of another person. Propst was jailed without bail.

Christopher Alexander John Davenport, 26, of Bennett Hill Road, Groveland, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and no plate lamp. Davenport was stopped at 1:41 a.m. Saturday on Clinton Street Road, Batavia, by Deputy Joseph Corona.

Shannon Lee Atonetty, 38, of Maple Street, Batavia, is charged with burglary, 2nd. Antonetty allegedly forced his way into a residence in Bethany and stole money and a receipt from a wallet. The homeowners found Atonetty lying on the kitchen floor in an intoxicated condition and detained him until law enforcement arrived. Attonetty was jailed on $25,000 bail.

Johnny Lee Shannon, 56, of Creek Road, Batavia, is charged with menacing, 2nd. Shannon allegedly threatened another person with a knife at his residence at 9:30 p.m. Saturday.

Paul Michael Gelardo, 29, of Fargo Road, Stafford, was arrested on warrants for alleged identify theft, 3rd, and petit larceny. Gelardo was a passenger in a vehicle stopped by Deputy John Baiocco, who recognized Gelardo as a warrant suspect. Gelardo was jailed on $500 bail.

Anthony Gene Stone, 25, of Delmar Road, Rochester, was arrested on a warrant for alleged disorderly conduct. Stone was arrested following his release from Monroe County Jail, where he was held on an unrelated matter. Stone was arraigned in Darien Town Court and jailed on $100 bail.

Alton W. Bethel, 53, of Union Street, Batavia, is charged with criminal mischief, grand larceny, 4th, and endangering the welfare of a child. Bethel was arrested following an investigation into a domestic incident reported at 11:38 p.m. Friday on Bank Street. No further details released.

Katherin A. O'Brien, 21, of Roanoke Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater, criminal possession of a controlled substance, 7th, and controlled substance not in origianl container. O'Brien was stopped at 12:14 a.m. Sept. 24 on West Main Street, Batavia, by officer Matthew Wojtaszczyk.

A 16-year-old resident of Holland Avenue is charged with harassment, 2nd, and disorderly conduct. The youth was involved in a fight with a sibling at Batavia High School and allegedly struck a staff member trying to break up the fight.

A 17-year-old resident of Holland Avenue, Batavia, is charged with disorderly conduct. The youth was involved in a fight with a sibling at Batavia High School.

Reginal C. Sampson Sr., 48, of Webster Avenue, Rochester, is charged with harassment, 2nd. Sampson was charged following a fight with another person reported at 6 p.m. Wednesday at a residence on Hall Street, Batavia. Also charged with harassment, 2nd, was Leonard A. Johnson, 21, of Hall Street, Batavia.

Nathen Edward Donald Brege, 22, of Morrow Road, Pavilion, was arrested on a warrant for alleged failure to appear on an overnight parking ticket in the City of Batavia. Brege posted bail and was released.

A 16-year-old from Le Roy is charged with harassment, 2nd. The youth was arrested by State Police related to an incident reported at 3:30 p.m., Friday. No further details released.