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March 26, 2013 - 11:33pm
posted by Howard B. Owens in batavia, crime.

The three Batavia men who admitted taking part in a bookmaking operation received on Tuesday pretty much the sentence Judge Robert Balbick promised them when they were last in court March 5.

The slight variation was that instead of 120 days in a weekend work program with the Sheriff's Office, the three men will work weekends in community service over the next 90 days.

The change was requested by the Sheriff's Office because of limited openings in the program.

Gregory Phillips, Brian Bordinaro and Lance Engel all declined to make statements to Balbick prior to their sentencing.

Phillps and Engel received, as requested, a "release from civil disability" from Balbick. The signed form will allow both men to pursue second careers. Phillips is attending barber school and will graduate soon.

The three men were also fined $1,000 each. They also can't gamble in any form -- online or off -- during their three years of probation. Their computers will be subject to warrantless search during probation.

All three had entered guilty pleas to a Class A misdemeanor charge of promoting gambling, 2nd, which was quite a step down from the original felony charges, especially the Class B felony charge of enterprise corruption.

There's never been a clear public answer from anybody involved in the case about why the charges were so greatly reduced.

Today, District Attorney Lawrence Friedman would only say, "there are a number of considerations that came into play, just like any case. We consider a lot of different things and when all things were considered in this case, all the things that were relevant, we felt this was the appropriate disposition."

Attorney Larry Andolina, representing Phillips, has accused the Sheriff's Office, and in particular, Sgt. Steve Mullen, at one time head of the Sheriff's major crime unit (the Local Drug Enforcement Task Force), of "mishandling the case."

Asked about Andolina's charge, Friedman said, "I'm not going to comment on anything to do with the Sheriff's Office or Sgt. Mullen or the investigation. We came to what we felt was an appropriate disposition to the case."

For the first time since the story of the bookmaking operation -- which Friedman still contends was substantial -- first broke more than a year ago, Phillips spoke with the media after his sentencing.

He didn't say much.

Asked what he thought of his sentence, he said, "I can't comment on the sentence today."

Asked if he had proof that Mullen placed bets with him, Phillips said, "Through legal and civil counsel I'm not able to comment on that right now."

Asked if the DA or the Sheriff's Office were involved in a cover up, Phillps responded, "i'm sure the DA's office and the Sheriff's Office wouldn't have done any kind of cover up. I would hope there wouldn't be any kind of cover-up in this investigation, but I'll let my attorney answer that one, too."

Asked if the case should never have had happened, Phillips said, "there will be other things brought out. I can't really comment other than (through) my legal attorney and my civil attorney. There will be other things that come out and we'll go from there."

Asked if his civil rights had been violated, Phillips said, "That will be for another jury to decide."

After the former city firefighter was reminded that this was his first opportunity to make a public comment on the case since being accused of taking illegal bets, and whether he had anything he wanted to say to the community he once served, Phillips only said, "no comment."

When asked about how the allegations against Mullen probably led to reduced changes against him, Bordinaro and Engel, again, Phillips said, "no comment."

Andolina stepped in at that point and was asked the same question.

"In the grand scheme of things, this case was resolved in a fashion like many gambling cases where the defendants have no prior record," Andolina said.

Andolina did say he believed Mullen had placed bets with one or more of the defendants.

Under repeated questioning, Andolina refused to offer up proof, however.

"I just said to you, we gave them (Friedman and Sheriff Gary Maha) the information and they have it," Andolina said.

Maha has said there was an internal affairs investigation that was terminated when Mullen retired from the Sheriff's Office.

Asked if he thought the District Attorney's Office and Sheriff's Office had handled the situation with Mullen appropriately, Andolina said he did.

"I think he commenced an investigation," Andolina said. "They're both professionals. I have no reason to believe they didn't do their jobs appropriately."

Asked if the outcome involving Mullen was sufficient, or if more should be done, such as bringing criminal charges, Andolina indicated enough is enough.

"I don't know if there's enough for a criminal case and it's over," Andolina said. "The case is over. The sentence is what the judge indicated the sentence would be. He was within his discretion to sentence in that fashion and now it's time for these people to get on with their lives."

However, Andolina did confirm that his client is looking into a civil case based on alleged civil rights violations.

Asked what the basis of the case would be, "the conduct of the Sheriff's Office," was all he would say.

Later Tuesday evening, WIVB's George Richert aired a story accusing Mullen of placing bets and a "conflict of interest" in the case. The only evidence to back the claim offered by Richert was a report by a private investigator hired by the defense who claims Mullen placed -- years before this case arose -- 47 phone calls to the bookies. No gambling records were produced to indicate that Mullen actually placed bets.

UPDATE: The Buffalo News has published a more thorough story on Mullen's alleged involvement in the case.

Photos: Top, Phillips; second, Bordinaro in blue shirt; bottom, Engel.

March 26, 2013 - 6:24pm
posted by Billie Owens in batavia, crime.

A woman was reportedly robbed in the parking lot of Save-A-Lot about 15 minutes ago. The suspect is said to be "an older female with her arm in a sling." Police are investigating.

March 26, 2013 - 3:43pm
posted by Billie Owens in crime, corfu.

A fight involving multiple subjects is reported at 77 E. Main St., east of Meadowbrook Terrace, in Corfu. Sheriff's deputies are on scene and State Troopers are en route.

UPDATE 3:44 p.m.: A deputy says things have calmed down and it's possible no charges will be pending. State Troopers are told they can back it down.

March 25, 2013 - 4:06pm
posted by Howard B. Owens in batavia, crime, Stafford, Alabama.

A Batavia resident arrested after leading local law enforcment on a multi-jurisdiction chase will spend three to six years in state prison following his sentencing in Genesee County Court today.

Todd Weaver, 44, of Seven Springs Road, previously admitted to a mischief charge, was also fined $1,000.

The chase began in Medina and wound onto the Tonawanda Indian Reservation where Weaver used his car to strike a Medina patrol vehicle. The patrol vehicle was disabled and the police officer lost sight of Weaver's vehicle.

Weaver was also accused of striking a mailbox on Skye Road.

His vehicle was next spotted by Batavia PD at Oak and Richmond, with Weaver then leading police on a chase that reached speeds of 50 mph through the city.

Police tried to use spike strips to stop Weaver, but he avoided them. 

He eventually ran out of gas on Clinton Street Road, Stafford.

March 25, 2013 - 9:27am
posted by Howard B. Owens in batavia, crime, elba, Darien, Le Roy.

Weston J. Johnson, 24, of 173 Hollybrook Road, Brockport, is charged with DWI, failure to keep right and speed not reasonable and prudent. Johnson was reportedly driving northbound on Naramore Drive, Batavia, at 2:36 a.m., Sunday, when he failed to safely negotiate a curve in the roadway. Johnson's vehicle crossed the south shoulder of the roadway and became stuck in the lawn of a residence. Upon further investigation by Officer Darryle Streeter and Sgt. Dan Coffey, Johnson was found to be allegedly driving drunk. He was jailed on $500 bail.

Sarah E. Gioia, 20, of 9 Pringle Ave., upper, is charged with harassment, 2nd. Gioia allegedly threatened another person with physical injury while at Tops at 8:50 p.m., Friday.

Mark D. Tomaszewski, 50, of 4 Franklin Ave., Le Roy, is charged with DWI, driving with a BAC of .18 or greater, consumption of alcohol in a motor vehicle and failure to use a turn signal. Tomaszewski was stopped Saturday by Le Roy PD for alleged traffic violation.

Traci Kiniko Jones, 18, of Thomas Avenue, Batavia, is charged with trespass. Jones was allegedly at College Village after being banned from the property.

Amanda Jane Slack, 25, of Strouts Road, Elba, is charged with petit larceny. Slack is accused of stealing $248.57 of merchandise from Walmart.

Bradley Richardson Hanpeter, 26, of Kiwassa Road, Saranac, is charged with criminal possession of a controlled substance and possesion of a controlled substance not in original container. Hanpeter was stopped for an alleged traffic infraction at 6:15 p.m. Friday on Route 77, Pembroke, by Deputy Patrict Reeves. Hanpeter was also allegedly driving on a suspended driver's license.

Aboubaker Thiam, 18, of Bank Street, Batavia, is charged with criminal trespass, 3rd. Thiam was allegedly at College Village after being banned from the property.

David B. Marsceill, 35, of Elba, is charged with menacing, 2nd, criminal mischief and criminal contempt, 1st. Marsceill was arrested by State Police on Old Ford Road, Elba, on charges related to an incident reported at 2:30 p.m. Saturday in the Village of Elba. Marsceill was held without bail. No further details released.

Hector G. Riguard, 31, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Riguard was stopped at 2:09 a.m. Sunday at Main and Lewiston, City of Batavia, by State Police.

State Police have released the names of the drivers involved in Friday's accident on Route 98, Alexander. The driver of the northbound sedan was Tianshu Liu, 25, of Rochester, and the driver of the southbound vehicle was Mary B. Meides, 45, of Darien. The name of Liu's passenger was not released. No charges are listed in the blotter item.

March 22, 2013 - 6:36pm
posted by Howard B. Owens in crime, Le Roy.

A third suspect has been accused of stealing copper wire from Dolomite's Gulf Road facility.

Joseph Paul Pratt, 18, of Church Street, Le Roy, has been charged with burglary, 3rd, criminal mischief, 2nd, and grand larceny, 3rd, all felonies.

Earlier this week, Michael A. Nicometo 28, 45 North St., Le Roy, and Jonathan D. Smeak, 22, of State Street Road, Batavia, were arrested on similar charges.

The arrests stem from an investigation by Deputy Joseph Graff and Deputy John Duyssen into a report of large amounts of copper wire disappearing from the Dolomite facility.

The thefts caused $32,000 in damage to Dolomite's electrical system.

Pratt, who is already being held on other charges, was arraigned in Town of Batavia Court and returned to the Genesee County Jail.

The investigation is ongoing, according to the Sheriff's Office.

Nicometo is also a suspect in a series of thefts of live electrical wire from industrial facilities in Le Roy.

March 22, 2013 - 8:18am
posted by Howard B. Owens in batavia, crime.

Tiffany M. Sprague, 31, and Kevin J. Fickel, 31, of 102 Jackson St., Batavia, are charged with falsely reporting an incident 3rd. Sprague and Fickel are accused of reporting a robbery where the assailant displayed a knife March 16. A police investigation concluded the incident did not occur. 

Jerome S. Dennis II, 26, of 541 LaSalle Ave., Buffalo, is charged with criminal contempt, endangering the welfare of a child and aggravated harassment 2nd. Dennis is accused of violating a stay away order of protection by repeatedly texting the protected party and then showing up at the residence of the person. Dennis is also accused of grabbing a child by the arm and then setting the barefoot one-year-old on the sidewalk in 27 degree weather.

March 21, 2013 - 11:26pm
posted by Howard B. Owens in crime, Le Roy.

A Le Roy resident recently accused of stealing live high voltage wire from industrial facilities in Genesee and Monroe counties is facing a new accusation stemming from the alleged theft of stealing copper wire from Dolomite, 8250 Gulf Road, Le Roy.

This time, Michael A. Nicometo 28, 45 North St., Le Roy, allegedly had a partner.

Also arrested following the Sheriff's Office investigation was Jonathan D. Smeak, 22, of State Street Road, Batavia.

Both men are charged with three felonies: burglary, 3rd, criminal mischief, 2nd, and grand larceny, 3rd.

The two men are accused of doing $32,000 in damage to Dolomite's electrical system.

The Sheriff's Office began investigating the case after receiving reports of a large amount of copper wire being cut from the facility in January and February.

Nicometo was arrested earlier this month and charged with burglary in the third degree, a Class D felony, grand larceny in the second degree, a Class C felony, and criminal mischief in the second degree, a Class D felony.

He was accused of stealing high voltage wire that was still live from buildings in Le Roy.

March 21, 2013 - 2:33pm
posted by Howard B. Owens in batavia, crime, alexander, Le Roy.

Richard T. Gross, 49, of Wyoming, is charged with DWI, open container and driving with no brake light. Gross was stopped by Le Roy PD.

Scott M. Dickson Jr., 27, of Le Roy, is charged with DWI and driving with a BAC of .18 or greater. Dickson was stopped by Le Roy PD for questioning related to a suspicious condition.

Timothy J. Sattora, 48, of Avon, is charged with driving while ability impaired by drugs. Sattora was stopped by Le Roy PD for allegedly speeding. He allegedly possessed a small amount of marijuana.

Jason Rex Forkey, 32, of Trumbull Parkway, Batavia, is charged with DWI, speeding and using a mobile phone while driving. Forkey was stopped at 6:35 a.m. Wednesday on Route 33, Stafford, by Deputy Joseph Corona.

Thomas Scott Spencer, 45, of West Bethany Road, Alexander, is charged with criminal obstruction of breathing. Spencer was arrested in connection with an event reported at 7:30 p.m., Feb. 23.

Christopher Lynn Allison, 18, of Hickox Road, Alexander, is charged with unlawful possession of marijuana and unlawful possession of alcohol under age 21. Allison was charged following a check by Deputy Joseph Corona of a disabled vehicle at 1:17 a.m. Tuesday on Main Street, Pembroke.

Willie J. Miles Jr., 49, of 45 Washington Ave., Batavia, is charged with criminal contempt, 2nd. Miles allegedly violated an order of protection by sending numerous text messages to the protected party.

Ashley J. Ziminski, 23, of 25 Franklin St., Batavia, is charged with DWI and driving with a BAC of .08 or greater. Ziminski was stopped by Sgt. Dan Coffey at 4:20 a.m., after Batavia PD received a report of an erratic driver.

March 21, 2013 - 12:02pm
posted by Howard B. Owens in batavia, crime.

A search of a residence at 16 Maple St., Batavia, allegedly uncovered a quantity of crack cocaine and marijuana leading to the arrest of two people, including on a drug dealing charge.

Taken into custody were Jonathan C. "Jay" Hoges, 30, of Bank Street, Batavia, and Ellen M. Martinez, 25, of Maple Street, Batavia.

The Local Drug Enforcement Task Force executed the search warrant on Wednesday evening.

Hoges was charged with criminal possession of a controlled substance, 3rd, a Class B felony, criminal possession of a controlled substance, 4th, a Class C felony, unlawful possession of marijuana, and criminally using drug paraphernalia, 2nd, a misdemeanor.

The top count is based on an allegation that Hoges possessed drugs with the intent to sell the drugs.

He was ordered held without bail.

Martinez was charged with criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, and unlawful possession of marijuana.

Martinez was issued an appearance ticket.

Batavia PD and uniformed deputies assisted in the search.

March 20, 2013 - 7:20am
posted by Howard B. Owens in crime, Le Roy, Pavilion.

Rob Hellford Hoag, 26, of Lake Street, Le Roy, is charged with failure to register Internet accounts. Hoag is a registered sex offender and required to register all Internet, social media and e-mail accounts within 10 days of any change. Hoag allegedly failed to register his accounts.

Ryan F. Schumacher, 23, of 384 Starr Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater and failure to signal for a turn. Schumacher was stopped at 11:48 p.m., Tuesday, in the Village of Le Roy after Le Roy PD received a reported of a possibly intoxicated driver going through the McDonald's drive-thru. Schumacher was allegedly observed exiting the McDonald's parking lot without using a turn signal.

March 18, 2013 - 2:08pm
posted by Howard B. Owens in batavia, crime, elba, Oakfield, alexander.

Stephanie A. Wixson, 26, of Batavia, is charged with petit larceny. Wixson was arrested by State Police at the Walmart in Warsaw for allegedly stealing a woman's purse that had also been stuffed with other merchandise. The value of the items was $292.76.

Stephen W. Thweatt, 32, of Alexander, is charged with criminal mischief 2nd, a Class D felony, Thweat is accused of causing more than $2,000 of damage in October to the interior of a residence where he previously lived. Thweatt was arrested by State Police, Warsaw, with the assistance of the Genesee County Sheriff's Office. Thweatt was jailed in Wyoming County without bail.

Manuel L. Valdez, 35, of 2 Miller Ave., Batavia, is charged with petit larceny. Valdez was taken into custody on an arrest warrant out of Batavia City Court.

Robert L. Stanley, 53, of Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Stanley is accused of pushing a juvenile to the ground and then kicking the juvenile Saturday on Ganson Avenue. Stanley was located by Batavia PD on Sunday and taken into custody.

Kasean L. Shannon, 20, of 115 Jackson St., Batavia, is charged with criminal contempt, 1st. Shannon allegedly went to the residence of a protected party. Because of a prior criminal contempt conviction in the previous five years, the charge is elevated to a felony. Shannon was jailed without bail.

Russell Lowther III, 55, of 541 E. Main St., Batavia, is charged with menacing, 2nd, and criminal possession of a weapon, 4th. Lowther is accused of threatening another person with a knife.

Matthew James Cronin, 24, of Crushing Street, Fredonia, is charged with felony DWI, driving with a BAC of .18 or greater, failure to keep right, driver's view obstructed and no or inadequate exhaust. Cronin was stopped at 12:14 a.m. on West Main Street Road, Batavia, by Deputy Patrick Reeves.

Keith Andrew Hamilton, 46, of Scribner Road, Penfield, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Hamilton was stopped at 2:46 a.m. Sunday on Richmond Avenue, Batavia, by Sgt. Thomas Sanfratello.

Joshua Paul Moore, 22, of Batavia, is charged with unlawful possession of marijuana. Moore was a passenger in a vehicle stopped at 1:51 a.m. Sunday on Main Street, Batavia, by Deputy Patrick Reeves. Moore was allegedly found to have a small quantity of marijuana concealed in his pants.

Jackson Ray Snow, 23, of Milestrip Road, Irving, was arrested on a bench warrant out of Pembroke Town Court. Snow was stopped for an alleged traffic infraction in Brant and turned over to the Sheriff's Office on an active warrant by Brant PD. Snow was jailed on $1,000 cash bail or $2,000 bond.

Latisha Renee Woods, 25, of Syke Road, Rochester, was arrested on a bench warrant for alleged unlicensed operation. Woods was stopped on I-490 in Rochester for allegedly using her mobile phone while driving and was turned over to the Sheriff's Office on a bench warrant out of Town of Elba Court. She was jailed on $800 bail.

Gerald Earl Hensel, 57, of S. Pearl St., Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Hensel was arrested at 12:25 a.m., Friday, after a report of a sick or intoxicated driver heading into Batavia from Oakfield. Hensel was taken into custody at the Genesee County Jail, where he had reportedly gone to pick up an inmate scheduled for release.

Kristen Antwan Miller, 32, of State Street, Batavia, is charged with falsifying business records, 1st, and grand larceny, 4th. Miller allegedly stole money from Radio Shack in Batavia and falsified business records in an attempt to conceal the crime.

March 15, 2013 - 11:42am
posted by Howard B. Owens in batavia, crime, Oakfield, Darien, Le Roy, Bethany.

Gregory Scott Snyder, 44, of West Main Street, Batavia, is charged with reckless endangerment, 2nd. Snyder allegedly shot toward the roadway at a fox he believed to be injured using a 12-gauge shotgun. A BB from the shell reportedly hit a neighbor. Deputy Joseph Corona and Deputy Tim Wescott handled the case. The State Police and the Department of Environmental Conservation assisted.

Crystal L. Kiebzak, 30, of 1359 Broadway Road, Darien, is charged with petit larceny, issuing a bad check in the Town of Batavia, and issuing a bad check in the Town of Darien. Kiebzak allegedly drafted checks to buy goods and services from businesses in Darien and Batavia from a nonexistent checking account.

Mindy Maria Miller, 23, of Clay Street, Le Roy, is charged with petit larceny. Miller is accused of shoplifting at Kmart.

Samantha Marie Kent, 19, of East Shelby Road, Oakfield, is charged with petit larceny. Kent is accused of shoplifting from Kmart.

Melissa M. Morton, 27, of 4802 W. Middlebury Road, Bethany, is charged with petit larceny. Morton is accused of stealing cupcakes valued at $9.99 from Tim Horton's.

Joseph A. Ferrando III, 45, of 5 Buell St., Batavia, is charged with DWI and driving with a BAC of .08 or greater. Ferrando was taken into custody by Officer Arick Perkins following an investigation after allegedly being found behind the wheel of his vehicle, which was still running, on Liberty Street at 10:30 p.m., Wednesday.

Timothy M. Pendleton, 27, of 4 Cedar St., Batavia, is charged with resisting arrest, criminal trespass, 2nd, and harassment, 2nd. Pendleton is accused of going to the residence of a person he knows on Wednesday and entering without permission and harassing that person. On Thursday, officers Jason Davis and Eric Hill attempted to arrest Pendleton and he allegedly resisted arrest. Pendleton was jailed on $2,500 bail.

March 13, 2013 - 8:03am
posted by Howard B. Owens in batavia, crime.

April Marie Palmer, 26, of Liberty Street, Batavia, and Jaime Leigh Ayala, 33, of Wood Street, Batavia, are charged with grand larceny, 4th. Palmer and Ayala are accused of stealing merchandise from Walmart.

Patrick K. Gross, 29, of 15 Merrick St., Binghamton, is charged with DWI, refusal to take breath test, aggravated unlicensed operation, failure to yield right of way to emergency vehicle and several other violations. Gross allegedly failed to keep right and struck a median sign at the intersection of West Main and Oak streets. Gross allegedly failed to stop when a police vehicle using lights and siren attempted to stop his vehicle. Gross was jailed on $10,000 bail.

Alex S. Dumbleton, 19, of Greece, is charged with two counts of harassment, 2nd. Dumbleton allegedly threatened physical injury to two people.

March 11, 2013 - 3:08pm
posted by Howard B. Owens in batavia, crime.

Sheriff Gary Maha was on vacation last week when The Batavian sought a response from him on allegations raised by Larry Andolina, attorney for Greg Phillips, that Sgt. Steve Mullen had mishandled the investigation of a bookmaking case involving two city firefighters.

Phillips is one of three men, including another former city firefighter, who admitted in December to bookmaking (taking sports bets). 

This afternoon we received the following response from Maha:

Allegations were made through defense counsel (Mr. Andolina) that Steve Mullen had in the past placed bets with his client. Information was that these alleged bets were placed four to five years ago.

As you know, placing a bet is not illegal, however if this was true, it would be a violation of our rules and regulations.

Based upon these allegations, we initiated an internal investigation. Steve Mullen retired prior to the completion of our internal investigation, therefore this became a moot issue as I could not discipline him if these allegations were sustained. All personnel matters are confidential.

Phillips and co-defendants Brian Bordinaro and Lance Engel each entered guilty pleas Dec. 11 to a Class A misdemeanor charge of promoting gambling, 2nd. Last Tuesday, they each learned that Judge Robert Balbick intends to give them weekend community work details as part of their sentences.

After the hearing, Andolina spoke with the media and said the reduced charge (the bookies were originally charged with the Class B felony of enterprise corruption) was the result of the Sheriff's Office mishandling the case. Pressed for proof, Andolina mentioned Mullen's retirement, but declined to produce any other evidence.

Later that evening WIVB aired a story that more specifically accused Mullen of placing bets, but it was scant on details and offered no factual information to back up the allegation. The story was based entirely on anonymous sources.

March 11, 2013 - 9:44am
posted by Howard B. Owens in batavia, crime, Darien, Le Roy, Bethany, Stafford, bergen.

Hector Antonio Leon-Figueroa, 31, of Avery Street, Rochester, is charged with criminal possession of marijuana, speeding and obstructed license plate. Omar Leon-Figueroa, 30, of Curlew Street, Rochester, is charged with criminal possession of marijuana. Hector Antonio Leon-Figueroa's vehicle was stopped at 4:36 p.m. Saturday on I-490, Bergen, for alleged traffic violations by Deputy Kevin McCarthy. During the stopped, McCarthy allegedly discovered the vehicle was carrying two pounds of marijuana. Hector Antonio Leon-Figueroa was jailed without bail. Omar Leon-Figueroa was jailed on $5,000 bail.

Joshua T. Fullmer, 20, of 3124 W. Main Street Road, Batavia, is charged with disorderly conduct and resisting arrest. While Batavia police officers investigated an incident at 3:41 a.m. Saturday, Fullmer allegedly approached and shouted obscenities at the officers. He allegedly acted in an aggressive manner and squared off in a fighting posture. Fullmer was subdued and taken into custody. He was later released on an appearance ticket.

Alexander A. Chandler, 21, of 25 Bacon St., Le Roy, is charged with assault, 3rd, and criminal mischief, 4th. Chandler is accused of punching another person in the face several times, causing cuts and and breaking the victim's glasses, while at Denny's, 364 W. Main St., Batavia, at 12:41 a.m. Sunday.

Andrei P. Sliker, 22, 11172 Silver Road, Bethany, is charged with disorderly conduct and harassment, 2nd. Sliker allegedly tried to punch the manager at the Days Inn during a disturbance at 3:25 a.m. Sunday. As officers attempted to take Sliker into custody, he allegedly became belligerent and shouted obscenities.  Sliker was jailed on $250 bail.

Cheryl M. Lyons, 47, of 119 State St., Apt. 4, Batavia, is charged with petit larceny. She is accused of stealing a laptop computer from another person.

Michael Patrick Sullivan, 50, of Main Road, Stafford, is charged with harassment, 2nd. Sullivan is accused of throwing a box that contained a computer modem at a female, striking her in the head. He also allegedly punched the victim in her chest. Sullivan was jailed on $500 bail.

Fawn Lynn Marie Kaczmarek, 24, of Darien, is charged with endangering the welfare of a child. Deputies Kevin McCarthy and Patrick Reeves responded to a reported altercation between two people at 9:25 p.m., Friday, and found Kaczmarek allegedly with an infant outside not wearing appropriate clothing for the 33-degree weather.

UPDATE, this just in from the Wyoming County Sheriff's Office:

Deric J. Hewitt, 28, of South Jefferson Street, Batavia, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, DWI, driving with a BAC of .08 or greater, inadequate brake lights and failure to notify DMV of address change. Hewitt was stopped at 1:30 a.m. Friday in the Village of Perry by Deputy Colin Reagan. Also charged with unlawful possession of marijuana and consumption of alcohol in a motor vehicle was Hewitt's reported passenger, Sean M. Miller. Hewitt was released to a third party after his vehicle was towed.

March 9, 2013 - 12:38pm
posted by Howard B. Owens in crime, Le Roy.

Le Roy PD investigators think they have figured out who has been stealing high voltage wire -- with the lines still charged -- from industrial plants in the area.

Michael A. Nicometo, 28, of 45 North St., Le Roy, has been charged with burglary in the third degree, a Class D felony, grand larceny in the second degree, a Class C felony, and criminal mischief in the second degree, a Class D felony.

The investigation started June 6 when a perpetrator stole high voltage wiring from a warehouse on Lake Street in the Village.

It was an unusual theft, investigators noted, because the wires were cut from between the transformer and the building while current was still flowing through the lines.

Between October and February, several other larcenies of high voltage lines occurred in the Town of Le Roy, the City of Rochester and another location in the village.

In all cases, the power was still surging through the lines at the time of the thefts.

Working with the Sheriff's Office and Rochester PD, Le Roy investigators developed a profile of the thief, with the belief that the suspect had knowledge of the area, was probably from Le Roy, was probably an electrician by trade and and very familiar with the workings of high voltage electrical installations.

After identifying Nicomento as a suspect, investigators searched Nicomento's property at 45 North St., Le Roy, and reportedly found several items of evidence connecting him to an alleged burglary and larceny in January of more than $50,000 in electrical wiring and components at a warehouse on Lake Street.

Nicomento was arrested on the three felony charges and jailed on $25,000 cash bail.

The investigation is ongoing to determine if further charges will be filed against Nicomento.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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