crime

A report of a theft from Walmart led to a more in-depth investigation by the Sheriff's Office today and ultimately a grand theft charge against a 49-year-old Albion resident.

Jerry Dean Walls, of East Street, Ablion, is charged with grand theft, 4th, falsifying business records and petit larceny.

Following the report of the initial theft, Deputy Brian Thompson uncovered an apparent additional theft from Walmart and a theft from Home Depot.

The investigation also found that business records at a local pawn shop were falsified.

Walls is accused of committing these crimes. He was arraigned in Town of Batavia Court and jailed on $2,000 bail.

Assisting in the investigation were Deputy Brad Mazur, Sgt. John Szumigala and loss prevention at Walmart and Home Depot.

The way special prosecutor Donald O'Geen sees it, today should mark a new beginning for the residents of Corfu.

Brandi Watts, the former court clerk at the center of a 20-month-long controversy over missing court funds that has spilled into village politics, issued a check to the village today for $10,128.

She also entered a guilty plea in County Court to one count of tampering with government records, a Class D felony.

If Watts obeys court orders and stays out of trouble for the next 12 months, she can avoid any jail time. She would also be given a chance at a conditional discharge of all 61 counts against her. If she violates her interim probation, she could be facing up to seven years in prison.

The full payment of restitution was "absolutely non-negotiable," O'Geen said. "That was a big component of the plea arrangement."

The guilty plea and restitution puts the cap on a case that O'Geen said dragged on too long because the slow pace of the state's Judicial Conduct Commission.

The commission was called upon more than 18 months ago to review the case of missing funds in the village court following a comptroller's audit that found books had been cooked and money had disappeared.

Watts was the clerk at the time and her father, Robert Alexander, was the village justice.

O'Geen has heard, but hasn't seen (nor is it listed on the commission's Web site) that the commission finally issued a report on its finding within the past few days.

The slow pace of the commission delayed the investigation by O'Geen and state police, which delayed prosecution of Watts.

O'Geen, who is the district attorney in Wyoming County, was appointed special prosecutor because local prosecutors have handled cases -- and were handling cases at the time the investigation started -- in Alexander's courtrooms (he was also a justice in the Town of Pembroke). He did not seek reelection in Corfu last year.

Alexander, who is charged with two counts of coercion and one count of official miscondut, did not appear in court today. He's scheduled to appear Nov. 18. He did officially resign today from the Town of Pembroke justice position, after previously having his cases reassigned and being suspended by the state.

"To me, here's the guy who kind of ran the show, so to be forced out (of office) before he wanted to be is a big deal from a public perception standpoint," O'Geen said. 

Asked if the $10,128 in restitution covers the full amount of money Watts stole, O'Geen indicted it's as close as the government will ever get to the correct amount, if the actual amount stolen is different at all.

"There are records that indicate there could be more money missing, or there could be documents filed just to make it look like there was money collected but there is no money taken," O'Geen said. "The amount we settled on was what the comptroller came up with because that's what we knew we could prove. To be honest, we don't think there's much more missing."

After the comptroller's report about the missing funds was released in January 2012 and what followed was endless turmoil in the village, with then-trustee Ralph Peterson seemingly running interference with the board of trustees on behalf of his friend Robert Alexander.

After a new court clerk was appointed, Alexander asked her to audit the court's books, and when the clerk, Pam Yasses, said she found the same irregularities, Alexander allegedly harassed her (which is at least part of the reason he faces the criminal charges he does).

Peterson was elected mayor and throughout the first half of 2013, he's been accused by his fellow trustees of an endless string of problems for village employees, other trustees and former trustees.

The situation in Corfu has taken on a reputation throughout Genesee County as a soap opera. Readers have recently contacted The Batavian wanting to know when the next installment is going to run.

Two months ago, Peterson took medical leave, reportedly because of stress. He's scheduled to return to his mayoral duties Jan. 2, and since then, there've been no new controversies coming out of Corfu.

O'Geen said there's no reason now for the issue of missing court funds to hang over the village and interfere with village business.

"I think what this does for the people in the Village of Corfu is it puts behind them a period of unrest in the sense this whole thing, as of today, is over," O'Geen said. "This is the first day of the people of Corfu getting their village back and getting back to normal. It's the first day employees do not have to worry about retribution and can move on and get back to doing what they do best, which is provide services for the people of the Village of Corfu.

"If anything, this is kind of a lesson in civics, that people should be more involved, more aware of what's going on, that every vote counts, all of those cliches," O'Geen added. "I wish the Village of Corfu all the best and hope they move forward."

Danielle Marie Stevens, 37, of Ford Road, Elba, is charged with petit larceny, aggravated unlicensed operation, 3rd, and unregistered vehicle. Stevens is accused of stealing a cookware set valued at $139.96 from Walmart. She is also accused of driving to Walmart while her license is suspended. Stevens was jailed on $1,000 bail.

Leonard Charles Millard, 56, of Highland Park, Batavia, was arrested on a bench warrant for alleged failure to pay fine. Millard was arraigned in City Court and released on his promise to pay an installment of $100 by Friday and another $100 before his scheduled Dec. 5 court appearance.

Mary A. Brairton, 24, unknown residence, is charged with felony DWI and aggravated unlicensed operation. Brairton was arrested by State Police at 4:37 p.m. Monday on North Street, Batavia, in connection with an alleged incident reported at 2:44 p.m. Monday in the Town of Pavilion. No further details released.

Two armed robbery suspects were captured moments ago by local law enforcement officers and taken into custody. The pair is believed to have taken part in an armed robbery in Irondequoit and were fleeing westbound on Route 490 in a 2009 red Chevy Impala.

An APB was issued alerting authorities of the suspect vehicle, and officers were at the Batavia exit in case they exited there, but the car kept going and Sheriff's deputies were posted at the Route 77 exit.

The next information over the scanner was that two people were in custody, so it's not clear at this point just where the arrests took place, although it was in Genesee County.

The vehicle is registered to an individual in Cheektowaga.

Nick Alexander Hawkins, 29, of Randall Road, Le Roy, is charged with reckless endangerment, 2nd, and criminal mischief, 4th. Hawkins is accused spraying pepper spay at the driver and front seat passenger of a vehicle while on Black Street Road, Pavilion.

Daniel J. Wolfe, 39, of 6 Wood St., upper, Batavia, is charged with petit larceny. Wolfe is accused of stealing $152 in merchandise from Save-A-Lot. Wolfe was jailed on $1,000 bail.

Kimberli A. Knickerbocker, 47, of 218 Liberty St.,Batavia, is charged with petit larceny. Knickerbocker is accused of stealing money from a wallet at Save-A-Lot.

Attica PD is interested in talking with a man who may have been involved in an attempted child abduction Oct. 22 in the village.

The subject is described as 50 to 60 years old, bald, with fluffy hair on the sides and he spoke with a raspy voice.

He was last seen on Genesee Street heading north into Genesee County.

In a statement, Chief John D. Palillo Jr. said no other similar incidents have been reported and no new information has been developed through the ongoing investigation.

"Parents are reminded that they should on a regular basis talk with their children about personal safety and how to call for help if needed," Palillo said.

Attica PD can be reached at (585) 591-0881.

Daniel C. Dilaura, 39, of Brooklyn Avenue, Batavia, is charged with felony criminal contempt, unlawful imprisonment, 2nd, criminal mischief, 4th, felony DWI, consumption of alcohol in a motor vehicle, refusal to submit to breath test, obstructing government administration, 2nd, and resisting arrest. Dilaura was reportedly in a vehicle on State Route 39 at Chapman Avenue, Town of Castile, when he was observed in an alleged domestic dispute. Dilaura allegedly held a female in his car against her will. Once Dilaura pulled the vehicle to the side of the roadway, she reportedly attempted to call for help, at which time Dilaura allegedly took her phone away. She was able to get the phone back a short time later and phone 9-1-1. The first officer on scene was Aaron Chase, Perry PD. He reported observing Dilaura exit the driver's seat of his car and begin running away on foot. Chase pursued Dilaura into a nearby field and was able to apprehend Dilaura after an alleged brief struggle. Dilaura was turned over to the Wyoming County Sheriff's Office when deputies arrived. Dilaura allegedly violated an order of protection barring offensive conduct toward the female. He was allegedly found to be driving drunk and has a prior DWI conviction from 2007. Dilaura's vehicle was towed from the scene. He was jailed without bail.

Jerald E. Bliemeister, 43, of Gibson Street, Oakfield, is charged with driving while ability impaired by alcohol and failure to keep right. Bliemeister was stopped at 3:37 a.m. Sunday on Route 354 at Schad Road, Town of Bennington, by Deputy Colin Reagan, Wyoming County Sheriff's Office, for an alleged traffic violation.

Three 17-year-old Batavia residents are charged with unlawful possession of marijuana. The youths were allegedly found in possession of marijuana by Batavia PD at 2:15 a.m. Saturday on Walker Place, Batavia (behind Batavia Middle School).

Richard A. Brink, 32, of 1625 Culver Road, Rochester, is charged with disobeying mandate. Brink allegedly violated a court order by contacting a protected person.

Anthony Daniel Micucci, 19, of Bonnie Brea Drive, Darien, is charged with petit larceny. Micucci allegedly entered the vehicle of another person without permission and stole personal property. Micucci was jailed on $2,500 bail. Micucci was also charged with criminal trespass, 2nd, and possession or consumption of alcohol in a motor vehicle.

Amara Michele Dahn, 23, of Royce Road, Varysburg, is charged with petit larceny. Dahn is accused of stealing merchandise from Kmart.

Jorden Mackenzie Charcholla, 23, of Fairgrounds Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, speeding and drinking alcohol in a motor vehicle on a public highway. Charcholla was stopped at 11:12 p.m. Friday on Townline Road, Byron, by Deputy Joseph Corona.

Amy S. Hofert, 40, of 67 Mechanic St., Elba, is charged with harassment, 2nd. Hofert allegedly punched another person in the nose.

Mark Anthony Antinore, 35, of Clinton Street Road, Batavia, is charged with harassment, 2nd. Antinore allegedly threatened another person with physical injury during an argument.

Shadow S. Jonathan, 18, of Basom, is charged with assault, 2nd, and criminal possession of a weapon, 4th. Jonathan was arrested by State Police for an alleged incident Sept. 13. No further details released.

Kyle A. Arne, 19, of North Tonawanda, is charged with petit larceny. Arne is accused of stealing from a location on Veterans Memorial Drive.

A fight with combatants using baseball bats is reported at 8719 Lake St. Road in, or near the north end of, the Village of Le Roy. Cars of possible participants are parked roadside, and a male allegedly involved, walking northbound, is now being spoken to by an officer. Other officers are speaking with other alleged participants as well.

About 10 people were reportedly fighting on North Pearl Street near Forest Avenue in Oakfield, but they'd left the scene when Sheriff's deputies arrived. Some people walked by a house where about 10 people live and words were exchanged, allegedly prompting a fight. One of the suspects is said to be wearing blue and has a broken nose. Officers are investigating.

Three people were arrested on burglary charges early Friday morning after a Lockport Road, Oakfield, resident reported intruders in his barn, confronted them and then reported the individuals fleeing.

The suspects were taken into custody following a short high-speed chase.

Charged with burglary, 3rd, and unlawful possession of marijuana are Scott R. Miller, 20, Evan J. Shaffer, 20, and Hayden K. Ettinger, 19. Shaffer is also charged with unlawful fleeing a police officer in a motor vehicle, 3rd, and four traffic violations.

The possible barn break-in was reported at 2:32 a.m., Friday. The property owner went to his barn and reported finding three young men inside. They were allegedly in the process of removing electrical wire and copper tubing.

The caller reported two males fled and foot and he observed a red Pontiac Sunfire stop near his residence, do a U-turn and head off westbound on Lockport Road.

Deputy Joseph Corona located the suspect vehicle allegedly traveling at high speed on Lockport Road. He turned to pursue the vehicle, activating his emergency lights.

The Sunfire allegedly failed to stop and turned northbound on Fisher Road.

Eventually, the car did stop on Fisher Road and Corona found the three suspects in the vehicle.

Property found in the car is believed to come from a neighboring garage. The investigation is ongoing with additional charges possible.

Shaffer was bailed on $5,000 bail or $10,000 bond. Bail for Ettinger was set at $10,000 or $20,000 bond, and for Miller, $25,000 or $50,000.

Assisting in the case are Investigator Tim Weis, deputies Frank Bordonaro, Kevin McCarthy, Patrick Reeves and Chris Parker along with Juvenile Officer John Dehm and the State Police.

A former director at GCASA is apparently no longer working for the drug and alcohol treatment agency after being arrested earlier this month for allegedly driving while impaired by drugs.

John T. Walker, 50, of Old Meadow Lane, Batavia, was arrested following a report of an erratic driver in the city at 5:07 p.m., Oct.14.

Until recently, Walker was listed on the GCASA Web site as director of clinical and residential services. He reportedly listed his employer at the time of his arrest as GCASA.

John Bennett, executive director of GCASA, said he could not comment on personnel matters.

Police responded to a complaint Oct. 14 of an erratic driver after a witness reported seeing a 2000 Chevy Tracker leave the roadway for about 25 yards on East Main Street near Tractor Supply. The driver appeared unable to maintain his lane, according to the witness. The witness followed the Tracker to the parking lot outside Eastown Beverage, at which point the driver parked and walked into the store.

"As he walked, his gait was slow and unstable," the witness wrote.

At that point, Officer Felicia DeGroot arrived on scene and approached the male driver. Officer Jason Davis arrived on scene and conducted a field sobriety test.

According to court documents, Walker passed a breath test but allegedly failed the field sobriety test.

He was taken back to the police station and processed for alleged driving while impaired by drugs, first offense, which is an infraction.

Walker has not yet appeared in City Court on the charge. He's not scheduled to appear until Nov. 6, yet he appears to be out of a job.

We attempted to contact Walker for comment. In the arrest report, Walker apparently gave officers his work phone number and the only home phone number listing we could find has been disconnected.

Law enforcement just intercepted a suspect driving a burgundy Ford Escape on southbound Route 19. The driver's mother had reported that her son stole her vehicle. She followed him in her blue Jeep Liberty. The chase went on for about 10 minutes.

"The mother's awfully excited. We're telling her to stay in the vehicle," says a dispatcher.

A Batavia man accused of robbing the 7-Eleven on East Main Street in Batavia was denied a chance at bail today after pleading not guilty to the two felony counts against him.

Michael C. Kraatz, 34, is accused of robbing the convenience store Oct. 6 and is indicted on counts of of robbery, 2nd, a Class C violent felony, and grand larceny, 2nd, a Class C felony.

Kraatz was originally indicted on lesser charges, but the grand jury elevated the robbery charge and District Attorney Lawrence Friedman sought an elevated grand larceny charge after reviewing the statute and the alleged facts of the case.

"That (the robbery charge) was elevated based on testimony at grand jury that the robbery victim has suffered physical injury," Friedman said.

As for the grand larceny charge, Friedman said Kraatz was appropriately charged with third-degree grand larceny when he was arrested, but in an unusual quirk of the penal code, the same set of circumstances also apply to the higher level charge.

"He was properly charged with grand larceny in the fourth degree based on coercion and threat to cause physical injury or serious physical injury or the threat of death in the future," Friedman said. "In examining the statute, I discovered that not only does that spell out grand larceny in the fourth degree, but it also spells out grand larceny in the second degree. It's somewhat of an unusual situation, but the same elements make up grand larceny in the second degree."

Kraatz entered not guilty pleas to both counts today.

When Kraatz was originally arraigned in City Court, because of his prior felony convictions, the lower court judge did not have the authority to set bail. County Court Judge Robert C. Noonan could have set bail today, but ordered Kraatz held without bail.

The next scheduled court appearance for Kraatz is Dec. 13, when attorneys are expected to argue any motions in the case.

Also in County Court today, Jon T. Magliocco, entered not guilty pleas to the 17-count indictment filed against him. Magliocco is accused of being 21 or older and having sexual relations with a person less than 17 years old. He is being held on $50,000 bail.

Jaime Lynn Killinger, 37, of West Main Street Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, driving while on a suspended or revoked license and improper left turn. Killinger is accused of driving a car into a ditch at 10:40 p.m., Oct. 18, on Route 5 in Le Roy, and then leaving the scene of the accident. The accident was investigated by Deputy Matthew Butler.

Jeanine Lynn Calica, 41, of South Spruce Street, Batavia, was arrested on a bench warrant for an alleged violation of probation. Calica is accused of failing to appear in Town of Pavilion Court on a violation of probation charge.

Paul Michael Gelardo, 28, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance, 7th. Gelardo is accused of not showing up for an original appearance in Batavia City Court on a CPCS charge. He was arrested by Batavia PD, turned over to the Sheriff's Office, arraigned in City Court and jailed on $1,000 bail.

Denise A. Kingsley, 30, of Silver Springs, is charged with petit larceny. Kingsley, who was arrested by State Police, is accused of stealing from Kmart.

The U.S. Marshall's Fugitive Task Force apprehended a man in Albion today who was wanted in Batavia for alleged sexual abuse of a child less than 11 years old.

Terrell Goodson, 25, was taken into custody on a felony warrant for alleged aggravated sexual abuse 2nd and sexual abuse 1st.

The Task Force assisted in locating Goodson.

The investigation into Goodson's alleged crime was handled by Det. Kevin Czora.

Goodson was arraigned and jailed without bail.

So a cab driver's fare decides to drink a beer in the back seat on his way to wherever and the cabbie says get out. The guy refuses. The driver calls the cops, who are about to roll up on the taxi, which is roadside with its four-ways on. Didn't hear the location.

Michael C. Kraatz is indicted on a count of robbery, 2nd, a Class C violent felony, and grand larcney, 2nd, a Class C felony. Kraatz is accused of robbing the 7-Eleven store at 505 E. Main St., Batavia, on Oct. 6, and in the process injuring another person who was not a participant in the crime. Kraatz is accused of stealing cash from the store, regardless of value, by extortion of the victim.

Jon T. Magliocco is indicated on eight counts of rape, 3rd, a Class E felony, and nine counts of criminal sexual act, 3rd, a Class E felony. Magliocco is accused of being older than 21 years old and on at least eight different occasions, engaging is sexual intercourse or oral sexual contact with a person less than 17 years old. All but one occasion is alleged to have occurred in a house in the City of Batavia and the other incident was allegedly sexual intercourse in a tent in the Town of Batavia.

Aaron W. Clark is indicted on one count of burglary, 2nd, a Class C violent felony, and 11 counts of criminal possession of stolen property, 4th, a Class E felony. Clark is accused of entering a garage of a house on South Bennett Heights, Town of Batavia, on Aug. 3, with the intent of committing a crime. He is accused of unlawfully possessing eight credit cards and three gift cards.

Patrick M. Hackett is indicted on a count of rape, 3rd. Hacket is accused of being 21 or older and engaging in sexual intercourse with a person less than 17 years old.

Heather D. Stone is indicted on a count of burglary, 3rd, a Class D felony, and a count of petit larceny. Stone is accused of entering a residence on Hebard Road, Town of Le Roy, on Aug. 2 or Aug. 3, 2012, with the intent to commit a crime. Stone is accused of stealing deep cell marine batteries.

Brett C. Bartolotta indicted on a count of DWI, a Class E felony. Bartolotta is accused of driving drunk in the Village of Corfu on July 6. Bartolotta was allegedly convicted of a prior DWI in the City of Rochester in July 2010.

Michael Joseph Dorigo, 56, of Buxton Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or higher and moving from lane unsafely. Dorigo was reportedly involved in a motor-vehicle accident at 10:10 p.m., Sunday, on Fotch Road, Stafford. Dorigo's 2009 GMC was reportedly traveling north on Fotch Road and Dorigo failed to negotiate a curve in the road and drove off the road into a ditch where the vehicle hit an old utility pole base and a large rock. Dorigo's passenger was transported to UMMC with minor injuries. The accident was investigated by Deputy Joseph Graff.

Nina M.E. Kelso, 29, of 142 Hutchins St., Batavia, is charged with unlawful possesion of marijuana. During a check on the welfare of a child at Kelso's residence, Officer James DeFreze allegedly observed marijuana in plain view.

Zackary H. Kelly, 19, of 8 Dartwood Ave., Cheektowaga, is charged with petit larceny. Kelly is accused of shoplifting Amp Engery Drink from Southside Deli.

David Bernard Marsceil, 36, of Arnold Road, Elba, is charged with attempted criminal contempt, 1st. Marsceil, an inmate in the Genesee County Jail, allegedly attempted to send a letter to a person protected from contact by court order.

Colton Andrew Cole, 22, of Warner Road, South Byron, is charged with DWI, driving with a BAC of .18 or higher and no seat belt. Cole was stopped at 4:41 p.m., Sunday, in Byron, by Sgt. Ron Meides after Cole allegedly accelerated quickly and squealed his tires.

Press release:

The Batavia Police Department is investigating a forcible entry burglary at the I.D. Booth, Plumbing, Heating and Electrical Supply at 60 Liberty St.

The crime took place between 9 p.m. Thursday, Oct. 17, and 3 a.m. this morning, Friday, Oct. 18.

Suspects made forcible entry into the business and committed the larceny of a large quantity of Milwaukee brand power and hand tools.

Anyone with information is requested to contact the Batavia Police Department at 585-345-6350. Persons may also provide information via the Batavia Police Department's Confidential Tip Line at 585-345-6370 or by accessing the Suspicious Activity link of the Web site of the Batavia Police Department.

A felony warrant has been issued for a suspect in the State Street shots-fired incident Sept. 27 as police continue their investigation of that matter as well as the report of shots fired on Jackson Street on Oct. 8.

Police are looking for information on the whereabouts of Batavia resident Dashawn Allen Butler, who is described as a black male, 34 years old, 6' 2" and 183 lbs.

Butler, who has prior arrests in the city, has resided at 101 Summit St.

According to a law enforcement source, Butler was questioned in connection with a shots-fired incident at Walmart on Jan. 22. The following month, the mechanic for a resident who had been at Walmart that evening discovered a bullet had hit the radiator of the car driven by the resident.

Batavia PD can be reached at (585) 345-6350, or the confidential tip line is (585) 345-6370.

Residents are cautioned not to try to apprehend or detain Butler. If seen, witnesses are asked to call 9-1-1 immediately.

According to a release from Batavia PD, investigators are continuing to follow and develop leads in the two recent incidents.

Physical evidence was recovered at the Jackson Street scene and was sent to the NYS Police Forensic Investigation Center in Albany for DNA and fingerprint analysis.

Investigators believe three people were involved in the Jackson Street incident. Two people were identified and questioned and one has been detained on an alleged parole violation and is being questioned further by Batavia PD.

The department is working with members of the Local Drug Enforcement Task Force (the local major crimes unit) and NYS Parole.

“Batavia is not going to tolerant this type of violence,” said Chief Shawn Heubusch in a statement. “We are committed to providing safe neighborhoods for our residents and Police Department and citizen collaboration is vital to maintaining a safe City.”