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Man accused of dragging deputy with car pleads not guilty during first appearance in County Court

By Howard B. Owens
Scott Kopper

Scott A. Kopper, 36, of Batavia, entered a not guilty plea today on a four-count indictment that includes an accusation that he assaulted a Sheriff's deputy.

Kopper remains in custody and his next scheduled court appearance is July 8.

Judge Robert C. Noonan also signed three orders of protection, including one for Deputy Brian Thompson, the deputy Kopper is accused of dragging with his car Jan. 7.

Thompson is currently assigned to courthouse duty and Noonan noted that one of the orders involved Thompson and said the only way the order could be fair is if it allowed incidental contact between Thompson and Kopper while Thompson is on duty, barring any offensive conduct by Kopper.

Kopper is facing counts of assault, 1st, reckless endangerment, and two counts of assault, 2nd.

Previously: Truck drivers assist deputy being dragged by suspect's car

Suspect in armed robberies has burglary charge added to his indictment

By Howard B. Owens
Mark Maltese

A former Dellinger Avenue resident arrested in November following a string of robberies in Batavia and Oakfield as well as an alleged botched burglary of a local Rent-A-Center was arraigned on a new burglary charge this morning.

Mark J. Maltese, 42, was arraigned in front of Judge Robert C. Noonan in County Court on the seven-count sealed Grand Jury indictment.

The indictment was sealed because it contained the new burglary charge.

Maltese was already charged with three counts of robbery, 2nd, burglary, 3rd, and criminal mischief, 2nd.

He's now being accused of second-degree burglary and grand larceny, 3rd, for allegedly breaking into a residence on Hutchins Street on March 26, 2013, and stealing a safe with cash and jewelry worth more than $3,000.

Maltese is accused of committing armed robbery Nov. 21 at the Best Western in Batavia, Nov. 22 at the 7-Eleven in Oakfield and Nov. 24 at the Days Inn in Oakfield.

He was arrested Nov. 27 after he and an alleged cohort broke into the Rent-A-Center in Batavia and allegedly stole a big screen TV. They were tracked to a residence on Colonial Boulevard.

Previously:

Law and Order: Alleged drunken driver accused of driving on East Main sidewalk

By Howard B. Owens

Rachel A. Gillespie, 23, of Main Road, Stafford, is charged with DWI, refusal to take breath test, moving from lane unsafely and driving on the sidewalk. Gillespie was arrested by Officer Marc Lawrence following a report at 2:33 a.m., Friday, of a disabled vehicle in the area of 218 E. Main St., Batavia. Gillespie allegedly drove the vehicle over the curb and onto the sidewalk at East Main and Center streets.

Amber L. Jaczynski, 22, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Jaczynski was arrested by Officer Matthew Lutey following a report at 1:35 a.m., April 27, of a vehicle parked in front of 22 Oak St., Batavia.

Steven M. Hoffere, 38, of Howard Avenue, Churchville, is charged with DWI and driving with a BAC of .08 or greater. Hoffere was arrested by Officer Peter Flanagan after Flanagan stopped at 15 Main St., Batavia, to assist with a disabled vehicle at 2:53 a.m., Saturday.

Dwayne Andrew Pearsall, 23, of Harlem Road, Cheektowaga, was arrested on a warrant. Pearsall was arrested by Hamburg PD and turned over to Batavia PD. He was jailed on $200 bail.

John A. Branscomb, 27, of Pearl Street, Batavia, is charged with petit larceny. Branscomb is accused of stealing a bicycle that was left outside the Genesee County Courts facility.

Rae C. Cook, 25, of Ellicott Street, Batavia, is charged with assault, 3rd, and criminal mischief. Cook was allegedly involved in an altercation at Billy Goats at 1:50 a.m., April 25.

John E. Jaszko Jr., 28, of Kelsey Road, Batavia, is charged with harassment, 2nd, and trespass. Jaszko was arrested following a report of an alleged incident involving his ex-girlfriend at 10:30 p.m., Thursday.

Steven D. Scroger, 28, of Oak Street, Batavia, was arrested on a bench warrant. Scroger is accused of failing to appear in City Court on a charge of unreasonable noise.

Ryan M. Shrauger, 44, of Hull Park, Batavia, was arrested on a warrant for alleged improper parking, 2 to 6 a.m.. Shrauger paid $85 police bail and was released.

Christopher A. Tetrault, 30, of Beaver Street, Albion, is charged with aggravated harassment, 2nd. Tetrault is accused of making several phone calls threatening to harm the person being called. He was jailed on $1,000 bail.

Lisa M. Durham, 42, of Park Road, Batavia, is charged with criminal contempt, 2nd. Durham allegedly had verbal contact with a person in violation of an order of protection.

Elizabeth Erin Hulshoff, 36, of Sokol Road, Attica, is charged with petit larceny. Hulshoff is accused of stealing $212.45 in merchandise from Walmart.

Jeremy D. Holmwood, 22, of Batavia, is charged with assault, 3rd, two counts of menacing, 2nd, criminal obstruction of breathing and unlawful possession of marijuana. He's also charged with criminal contempt, 2nd. Holmwood was arrested by State Police following an alleged incident reported at 2 p.m., Friday, in the Town of Batavia. The criminal contempt charge stems from an alleged incident reported at 9 p.m., Saturday. No further details released. Holmwood was jailed on an undisclosed amount of cash bail.

Vandals knock down eight more headstones, two urns at Elmwood Cemetery

By Howard B. Owens

Vandals have struck the Elmwood Cemetery for the third time in less than a month, this time knocking down eight headstones and two urns, according to Superintendent Steve Davis.

This time, the urn of the cemetery board president's father was knocked over, destroying a pot of fresh lilies.

According to Davis, a police investigator was able to get a picture of some fresh foot prints left in some dirt.

Previously:

Corfu man gets 10-year prison sentence for distributing child porn

By Billie Owens

Press release:

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul Jr. announced Thursday that David Woods, 37, of Corfu, who was convicted of distribution of child pornography, was sentenced to 120 months (10 years) in prison by U.S. District Court Judge Richard J. Arcara.

Assistant U.S. Attorney Carol G. Bridge, who handled the case, stated that Woods used an online bulletin board system designed for viewing and sharing images and videos of child pornography. Using the e-mail address jailbaitlover143@gmail.com, the defendant collected and distributed over 12,000 videos and 20,000 images of child pornography. Many of the images portrayed children, including infants and toddlers, being subjected to bondage and rape by adults.

On March 6, 2012, the defendant uploaded eight videos depicting young female victims. On the bulletin board, Woods stated “I hope this gets me into VIP, but even if it doesn’t, I figured I would share.” On April 17, 2013, law enforcement officers executed a search warrant at the defendant’s residence and seized a laptop and other digital equipment containing the images of child pornography.

The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.

Law and Order: South Lyon Street resident accused of resisting arrest

By Howard B. Owens

Richard Scott Ishmael, 49, of South Lyon Street, Batavia, is charged with endangering the welfare of a child and resisting arrest. Ishmael allegedly ignored Police Officer Peter Flanagan's commands and made lewd comments to the officer in front of his daughter, who is under age 17. While Ishmael was being placed in custody, he allegedly resisted arrest and continued to ignore officer commands.

A 17-year-old resident of Niver Road, Conesus, is charged with criminal possession of a controlled substance. The youth was allegedly found at 9:10 p.m. on April 26 at 127 North St. in possession of heroin.

A 17-year-old resident of Wood Street, Batavia, is charged with endangering the welfare of a minor. The youth is accused of knowingly hiding a juvenile runaway who had been reported missing for more than a week.

Eric M. Malecki, 33, of Prune Street, Batavia, was arrested on warrants for alleged parking on city streets between 2 and 6 a.m. Malecki was arrested following a traffic stop. He posted $200 bail and was released.

Harvey A. McMurray, 46, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. McMurray was arrested following a law enforcement and ambulance response to a medical call T.F. Brown's at 1:50 a.m., Sunday.

Gregory Seppe, 55, no permanent address, Batavia, is charged with appearance in public under the influence of drugs. Seppe was arrested following a request to check the welfare of a person on Ganson Avenue at 11:02 p.m., Sunday.

Lawrence E. Hanley, 63, of Walnut Street, Batavia, is charged with DWI, driving with a BAC of .08, failure to keep right, leaving the scene of a property damage accident and improper right turn.  Hanley was allegedly involved in a property damage accident at 7:57 p.m., April 20, on Walnut Street. The accident was investigated by Officer Stephen Cronmiller.

Landrea D. Ames, 41, of West Main Street, Batavia, is charged with petit larceny. Ames allegedly stole $142.65 worth of meat from Tops.

Fabian Vazquez, 34, of Harvester Avenue, Batavia, is charged with failing to signal a turn and aggravated unlicensed operation, three or more suspensions on three or more dates. Vazquez was stopped at 8:54 p.m., April 26, on East Main Street, Batavia, by Officer Chad Richards.

Adam D. Jett, 21, of Church Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Jett was stopped by Officer Darryle Streeter at 3:14 a.m., April 24, on East Main Street, following a report of an intoxicated male getting into a car and leaving the parking lot of a convenience store.

Lisa Marie Vega, 45, of East Main Street, Batavia, is charged with petit larceny. Vega allegedly stole a jacket from the lobby of the Genesee County Mental Health Office.

Dibble: Probable cause for arrest in Bergen shotgun case, now it's up to the courts

By Howard B. Owens

There was probable cause to arrest John Laverne Robinson, Chief Deputy Gordon Dibble said about the case involving Robinson, a man from Brockport, and a shotgun pointed through a window on Jan. 13, 2013.

So Robinson was arrested and it's now up to the courts to determine the eventual outcome of the case.

It's been 15 months since the incident, and Robinson's arrest two weeks ago raised some interest locally about how a man some believed was just exercising his right to defend himself in his own house could be charged with a crime.

"There's no black and white on these things and there's a lot of gray area on how far you can go and whether your actions are justified," Dibble said. "The deputy looked at the circumstances and looked at the law and consulted with the District Attorney and felt there was probable cause to make an arrest and then let the courts handle it."

Police officers don't determine the guilt or innocence of a defendant, Dibble said. They make an arrest based on probable cause and then let the courts decide.

"There's always two or three sides to every story," Dibble said. "In this case, there's Mr. Crooks' account and then there is Mr. Robinson's account. In the business we're in, absent any other witnesses, it gets down to what one person says against the other and then let the courts sort it out."

Often, Dibble said, cases aren't as clear-cut as people imagine.

"In this system, some cases by their nature, are not always black and white and in the gray areas is where law enforcement and the courts often find themselves in the middle of controversy," Dibble said.

The incident last year was initially handled by the State Police, who arrested 46-year-old Michael S. Crooks, of Salmon Road, Brockport, on a charge of criminal mischief, 4th.

Last week, The Batavian reported that there was no confirmation of an arrest of Crooks because Trooper Victor Morales said there was "no record" of that arrest. Morales was not with Troop A -- he's now Troop A's spokesman -- at the time of the incident 15 months ago and because a judge ordered the criminal case against Crooks sealed, Morales could only respond that there was no record of his arrest.

After learning of the sealed case file, The Batavian confirmed the arrest and charge against Crooks by obtaining a copy of orders of protection he signed Jan. 13 and on Jan. 16, 2013. Crooks was barred for one year from contacting Robinson.

Eventually, Crooks obtained an adjudication in contemplation of a dismissal ruling from the Bergen Town Court, which is why his case is sealed.

The events leading up to the alleged gun-pointing incident began when Crooks became aware -- according to his sworn statement in the Robinson case -- that Robinson and Crooks' wife were communicating with each other. His statement doesn't say whether it was by phone calls or by text or how Robinson and Mrs. Crooks know each other.

Crooks said he told his wife to stop communicating with Robinson, but one afternoon while Mrs. Crooks was out shopping with their children, Michael Crooks went online and checked phone records and found evidence of further communication with Robinson, he wrote in his statement.

According to the statement, Crooks went over Robinson's home on North Lake Road and wanted to speak with him and ask him to stop communicating with his wife. He claimed he intended no harm to Robinson.

Robinson did not answer the door, but Crooks believed Robinson was in fact home.

Crooks said he yelled for Robinson to come out and called him a coward for not coming to the door, according to his own account of events.

Deputy Matthew Butler, in his charging document, says that Robinson told him he called 9-1-1. He said he had a shotgun. He said a dispatcher told him to yell out that he had a shotgun.

Still unsatisfied that Robinson hadn't answered the door, Crooks walked around the house and looked into a window. That's when he saw Robinson pointing a shotgun at him, he said.

He claims Robinson screamed, "get out of here or I'm going to you're (sic) your f---ing head off."

"When I saw that shotgun pointed at my face," he wrote, "I was scared to death that John was going to shoot me."

Robinson is charged with menacing in the second degree, a Class A misdemeanor.

During the course of the incident on North Lake Road, Robinson's front door was damaged, according to a family member, which is the apparent reason for the criminal mischief charge against Crooks.

Asked about the right in New York for residents to protect their home and themselves, Dibble said that's true, but the law has gray areas and that's where this case falls.

"The law also says you can walk up to anybody's door and knock on the door," Dibble said. "That's part of general business law."

Dibble said a deputy investigated the case because Crooks filed a complaint. It's not known why Crooks went to the Sheriff's Office rather than the NYSP with his complaint or why troopers didn't charge Robinson back in January 2013 after the initial investigation into the case.

District Attorney Lawrence Friedman said his office has yet to determine how it will proceed with the case.

"The best I can say is the Sheriff's Department did an investigation and made an arrest and that's what they do," Friedman said. "We haven't determined what the disposition might be. We didn't do the investigation. We don't do investigations. They came to the conclusion that the charge was appropriate and (Assistant DA) Kevin Finnell will look at the case. We have full discretion on what we feel is an appropriate disposition, whether not to prosecute it or to take it to trial or anything in between."

Robinson's next court appearance is 3 p.m., May 21, for arraignment on the charge.

Click here for an article about New York's "Castle Doctrine."

Law and Order: Woman accused of possessing drugs in court building

By Howard B. Owens

Jennifer Lynn Mohr, 41, of Manhattan Avenue, Batavia, is charged with criminal possession of a controlled substance. Mohr was arrested at the Genesee County Courts facility for allegedly possessing a controlled substance for which she lacked a prescription.

Michael R. Mullen, 50, of Oakfield, is charged with: driving while ability impaired by a combination of drugs and alcohol; driving while ability impaired by a drug; consumption of alcohol in a motor vehicle; unlawful possession of marijuana; inadequate exhaust; insufficient signal; and failure to keep right. Mullen was stopped at 2:39 a.m. Sunday on Route 20A, Village of Warsaw, by Deputy Aaron Chase.

Todd Lester Fairbanks, 32, of Raymond Avenue, Batavia, was arrested on a Family Court warrant. The underlying charge of the warrant was not specified.

Christopher A. Bucci, 34, of Batavia, is charged with second-degree rape (actor with person less than 18 years old), sexual abuse, 3rd, and acting in a manner injurerous to a child. Bucci was arrested by State Police in connection with an alleged incident reported Feb. 3 in the Town of Clarendon. No further details released.

Jacob R. Lavrincik, 25, of Batavia, is charged with petit larceny. Lavrincik was arrested by State Police for an alleged petit larceny at a location on Veterans Memorial Drive. No further details released.

Batavia man charged with felony assault in Geneseo

By Howard B. Owens
Mitchell Freeman

A Batavia man has been charged with felony assault in Geneseo after a victim reportedly required 40 stiches following a fight on Bank Street in the Livingston County village.

Mitchell Freeman, 25, was arrested in Batavia.

The alleged victim was hospitalized as a result of the incident, according to Geneseo PD.

Freeman was jailed on $10,000 cash bail or $20,000 bond.

(Via the Genesee Sun)

Elmwood Cemetery hit by 'intolerable crime' again

By Howard B. Owens

The grave marker is of a young girl on her knees hands clasped in prayer.

Elmwood Cemetery caretaker Steve Davis has been on the job for 20 years and the little headstone always reminded him of his daughter.

"My daughter, when she was little, always made a pose like that when she wanted something," Davis said. "Every time I go past that statue, if I'm trimming or working in the area, I always think of my daughter. When I came in and saw (it knocked down), it broke my heart."

The girl's praying headstone along with 28 others were knocked over by vandals sometime over the weekend.

It's the second time this month -- the first being around April 7 -- that vandals have rampaged through the cemetery knocking down headstones.

Det. Rich Schauf said the vandalism certainly has the attention of Batavia PD and patrols will be stepped up in the area.

"This is an intolerable crime," Schauf said. "Any criminal mischief isn't tolerable, but this is intolerable because of the lack of respect for the deceased. This isn't just about the police being upset. It should offend anybody with any common sense."

There's quite a bit the public can do to assist the police, Schauf said.

First, if young people are involved, they'll talk. They may even post pictures to social media.

"There's an old saying," Schauf said. "If three people know a secret, the only way it stays a secret is if two of them die."

The police would welcome any tips about pictures posted on Facebook or Twitter or Instagram or if anybody hears anything related to the crime; tipsters should call Batavia PD.

Second, if you're out and about at 10 or 11 at night, or 2 or 3 in the morning, take a drive down Harvester or Buell.  Normally, Schauf said he wouldn't recommend calling the police just because a group of youths are out, but in this case, if they're in that area, call the police.

"Normally, just because three people are out walking doesn't mean they're going to do damage to a cemetery, but if there's anybody in the area, we're going to want to know about it," Schuaf said. "Nobody is going to say, 'I'm not going to that.' We're hypersensitive about it right now and we're going to respond."

Whatever you do, Schauf said, don't go into the cemetery. It's closed after dark, so not only would you be trespassing, you would make yourself a suspect, and if the real suspects were ever arrested, part of their defense could then be that this other person was in the cemetery as well.

Batavia PD is budgeted for a new mobile surveillance camera in 2014 specifically to deal with troubled crime areas, but Det. Kevin Czora said it will be months before the department makes the purchase.

Davis said he might bring up with the board of directors at its next meeting the idea of the cemetery investing in its own camera system. There isn't much money for such a purchase, however.

He said he has spoken with kids who come around the cemetery about helping protect the cemetery.

"When I come by after supper, there's a ton of kids here riding their bikes or whatever and I try to befriend them only because this is their cemetery along with everybody else's and I ask them to keep an eye on it," Davis said. "I don't know what the answer is -- not let people in here anymore? You can't do that. How do you keep the bad ones out? I try to tell them keep an eye out. Let me know if something is going on."

Officer Jason Davis, who took the report on this weekend's vandalism, said patrols are certainly aware of the need to increase their presence in the area, especially at night and on weekends, but it's difficult to catch the vandals in the act.

"Obviously, it's dark inside the cemetery so it's very difficult for us see in there without driving in there and when a patrol car drives in there, usually people can duck in between the shadows and it's difficult for us to see them," Officer Davis said.

The cemetery can apply to the state for compensation for grave-marker repair, but it's a long process to get the funds. The total damage at this point exceeds $1,000.

Volunteers can't be used to help repair the damage, Davis said, because of possible liability. If somebody hurt their back lifting a stone, he wouldn't want to see the cemetery sued.

This weekend's damage forms almost a straight line from the front entrance on Harvester to a hole in the fence near Buell Street.

"They use bolt cutters or something to cut the hole," Davis said. "We fixed it the first time a long time ago, but as many times as I can fix it, they break it."

Because the aggregate damage of each of the two recent incidents exceeds more than $250 each, the vandals are facing possible felony charges for tampering with a cemetery, Officer Davis said. And each headstone knocked over constitutes its own misdemeanor criminal tampering charge.

Cemetery vandalism is a decades-old problem, Davis acknowledged. Elmwood records in the 1920s and '30s record acts of vandalism, but this latest round certainly has Davis feeling weary.

"It's going to be a long summer," Davis said. "It never starts this early. Usually it's in the summertime when the kids are out of school and this year it started early, and I've never had it so close together, so I'm just afraid of what's going to happen this summer."

Davis has had a rough month. Last week his shop on Buell Street was hit by burglars. They stole more than $3,000 in tools.

Law and Order: Batavia man accused of third-degree assault following fight on Harvester Avenue

By Billie Owens

David J. Swartz, 53, of Washington Avenue, Batavia, is charged with third-degree assault following a disturbance on April 24 outside a bar on Harvester Avenue. It is alleged that Swartz intentionally struck a subject in the face during an altercation, recklessly causing physical injury. He was issued an appearance ticket and is to return to City Court on May 6. The incident was investigated by officer Devon Pahuta, assisted by officer Marc Lawrence.

A 16-year-old from Caledonia is charged with harassment and criminal obstruction of breathing following an incident on March 25 on East Avenue, Batavia. The charges were incurred due to an alleged altercation with her mother. The teen was jailed with bail set at $1,000. She was to appear in court April 25. The incident was investigated by officer Stephen Cronmiller, assisted by officer Christopher Camp.

Kim M. Mobley, 51, of Watson Street, Batavia, is charged with petit larceny following an investigation of a shoplifting incident at occurred on April 19 at a grocery store on Ellicott Street. Mobley allegedly entered the store, took several items and then left without paying for them. Mobley was issued an appearance ticket and is to appear in City Court on May 6. The incident was investigated by officer Chad Richards, assisted by officer Jamie Givens.

Adam R. Clark, 23, of South Main Street, Batavia, is charged with unnecessary noise-excessive noise, following an incident with occurred on April 20 on South Main Street. Clark was arrested following an investigation of a complaint of loud music. He was issued an appearance ticket and is to return to City Court on Tuesday. The incident was investigated by officer Stephen Cronmiller.

Alleged victim of shotgun menacing claims Bergen resident was communicating with his wife

By Howard B. Owens

The man who went to the residence of John Lavarne Robinson the afternoon of Jan. 13, 2013 and allegedly found himself face-to-barrel with a shotgun said in a statement to police that he only had a simple question for Robinson: Why was the Bergen resident communicating with his wife?

The Brockport resident said he had previously confronted his wife about the communication with Robinson and said he believed she had gone out on a couple of dates with Robinson. After checking phone records online, the man said he found there were new, recent communications between Robinson and his wife.

"I wanted to talk with John about his involvement with (my wife) and tell him to stop talking with her," the man wrote in his statement.

The statement, and Robinson's statements, along with the charging document were acquired by The Batavian from the Sheriff's Office through a FOIL request.

Members of Robinson's family and his supporters have left comments on The Batavian, through e-mails and on social media defending his actions.

Their version of events has consistently said that the alleged victim was banging on Robinson's door, threatening Robinson and that Robinson called 9-1-1 and was told by dispatchers to use his shotgun to protect himself.

Family members have also said the alleged victim was arrested by State Police the day of these alleged events, but Trooper Victor Morales, spokesman for Troop A, said there is no record of such an arrest.

Deputy Matthew Butler, who investigated the case and arrested Robinson, included several statements he attributes to Robinson in part of the charging document. He said Robinson told him, "I called 9-1-1." "He was kicking the shit out of my door." "I loaded my shotgun." "I yelled that I had a gun." "9-1-1 told me to do that." "He was calling me a coward and that he was going to kill me." "I thought he was coming in."

The Brockport resident said, "At no time did I want to cause harm to John. I just wanted to discuss his relationship with my wife. When I saw that shotgun pointed at my face, I was scared to death that John was going to shoot me."

In his statement, the man said he had reason to believe Robinson was in his house and kept knocking on the door. He said when he went looking for another doorway, he walked past a window and saw movement so he took a closer look into the window.

He says he did call Robinson "a coward" for not coming out.

He said he saw Robinson on the phone and Robinson screamed at him, "get out of here or I'm going to (blow) your (sic) f---ing head off." He wrote, "John was saying this and pointing the gun at my head and he was only a few feet away from me."

Law and Order: Suspect arrested for alleged fight at local bar

By Howard B. Owens

David J. Swartz, 53, of Washington Avenue, Batavia, is charged with harassment, 2nd. Swartz is accused of punching another person while at The Harvester at 1 a.m., Thursday. Swartz was issued an appearance ticket and released.

A 16-year-old resident of Thorpe Street is charged with harassment, 2nd. The youth was allegedly involved in an incident on State Street at 3:09 p.m., Monday. She allegedly grabbed the hair of another person and began a physical altercation with her.

Wassim S. Issa, 50, of Sunnyside Road, Shinglehouse, Pa., is charged with issue a bad check. Wassim was arrested by Lancaster PD and turned over to Batavia PD in Corfu. Issa posted cash bail and was released.

Chad Ryan Smith, 19, of Church Street, Middleport, is charged with unlawful possession of alcohol by a person under age 21 and drinking alcohol in a motor vehicle. Smith was reportedly a passenger in a vehicle stopped at 1:13 a.m. Thursday on Judge Road, Oakfield, for alleged traffic violations by Deputy Joseph Corona.

Daivid Lea Stanley, 20, of Nichols Street, Lockport, is charged with unlawful possession of marijuana, drinking alcohol in a motor vehicle, speeding, failure to dim lights and side wings/windows non-transparent. Stanley was stopped at 1:13 a.m. Thursday on Judge Road, Oakfield, by Deputy Joseph Corona.

Debra Lynn Haccket, 55, of Craigie Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and moved from lane unsafely. Hackett was stopped at 12:39 a.m. Wednesday on Main Road, Stafford, by Deputy Joseph Corona.

Alex S. Dumbleton, 20, of Jackson Street, Batavia, is charged with harassment, 2nd, and criminal mischief, 4th. Dumbleton was allegedly involved in a domestic dispute with his girlfriend at 1:30 p.m. Monday. Dumbleton was jailed on $2,500 bail or $5,000 bond.

Brandon P. Duell, 32, of Saint Helena Street, Perry, is charged with failure to appear. Duell is accused of failure to appear on a traffic citation. Duell posted cash bail and was released.

Miguel A. Vargas, 23, of Rochester, is charged with DWI and driving with a BAC of .08 or greater. Vargas was stopped at 7:15 p.m. Monday on Route 237, Stafford, by State Police.

Trial scheduled for man accused of assault at Kid Rock concert

By Howard B. Owens

Via WBTA:

The case of a Canadian man accused of seriously injuring an Alden native at Darien Lake with a single punch will head to trial.

Jury selection will begin for 34-year-old Craig Lawson of Ontario June 23. He’s charged with second-degree assault.

The deadline passed today for a plea deal. Although defense attorney Joel Daniels said in county court today that there was an offer, he said it was not accepted by the prosecution.

Lawson’s accused of punching Jason McNeil of Tuscaloosa, Ala., at a Kid Rock concert last July. McNeil was in a coma after the accident.

Daniels said he expects the trial to run a full week.

Fight outside The Harvester bar, chairs being thrown, caller says

By Billie Owens

A fight is reported outside The Harvester bar on Harvester Avenue in Batavia and the caller says there are chairs being thrown. City police are responding.

UPDATE 1:21 a.m. (by Howard): Apparently, two of the people involved in the original fracas tangled again. Police are looking for a suspect and an ambulance has been requested to The Harvester to treat a victim with an injured nose.

Law and Order: Batavia man accused of bashing a door with baseball bat, throwing chairs, 'brandishing a can of peas'

By Billie Owens

Maleak H. Green, 21, of Ellicott Street, Batavia, was charged with menacing, 3rd, and trespass following an incident which occurred at about 9:30 p.m. on April 18 on Ellicott Street. He allegedly walked onto the property of another person and struck the door to that person's residence with a baseball bat. He was released on an appearance ticket. The incident was investigated by officer Peter Flanagan, assisted by officer Chad Richards. But the next day, April 19, Green was jailed after being charged with resisting arrest and disorderly conduct following an incident that occurred at a coffee shop on Main Street. Green allegedly entered the building and started throwing chairs around and demanding that police be called. When police arrived, Green was allegedly observed brandishing a can of peas and allegedly saying he wanted to strike someone with the can of peas. Green allegedly refused to comply with verbal demands to drop the can of peas and he then allegedly struggled with officers who were trying to arrest him. He was arraigned and jailed with bail set at $1,500. The latter incident was investigated by officer Chad Richards, assisted by officer Jason Ivison. Green is to appear in City Court this afternoon on all of the charges.

Jorge Rodriguez Martinez, 31, of South Main Street in Batavia, was charged with obstruction of governmental justice following his arrest on April 19 for allegedly attempting to keep a police officer from investigating a disturbance on South Main Street. Martinez allegedly physically placed himself between the officer and another person during the incident and also allegedly attempted to fight with the officer. Following his arraignment in Batavia City Court, Martinez was jailed and bail set at $1,500. He is scheduled to return to Batavia City Court this afternoon. The investigating officer was Peter Flanagan, assisted by officer Devon Pahuta.

Alex S. Dumbleton, 20, of Jackson Street, Batavia, was charged with disorderly conduct following his arrest at 2:45 p.m. on April 19 for allegedly yelling obscenities at a female acquaintance earlier in the day on South Jackson Street. He was issued an appearance ticket for Batavia City Court. The investigating officer was Eric Foels, assisted by officer Frank Klimjack.

Tanya L. Parsons, 29, of Hutchins Street in Batavia, was charged with petit larceny following an investigation into an incident which occurred April 18 at a bargain store on East Main Street. She is accused of concealing sidewalk chalk and a package of Andes Mints in her purse and leaving the store without paying for them. She is set to appear on the charge this afternoon. The incident was investigated by officer Jamie Givens who was assisted by officer Stephen Cronmiller.

Candace M. Sanchez, 48, of Jackson Street in Batavia, is charged with petit larceny, criminal possession of stolen property, 5th, possession of a forged instrument, 2nd, and forgery, 2nd. She had an active arrest warrant out of the City of Batavia due to an incident April 1 in which she allegedly possessed and passed a forged check. Sanchez was taken into custody April 17 following an investigation and jailed without bail. The incident was investigated by officer James DeFreze and Sgt. Christopher Camp.

Kelly J. Woodrow, 34, of Hutchins Street in Batavia, was charged with petit larceny following an investigation into a complaint of a larceny April 18 at a bargain store on East Main Street. He was arraigned today in City Court, issued an appearance ticket and released. He is to return to City Court on Wednesday. The incident was investigated by officer Stephen Cronmiller who was assisted by officer Jamie Givens.

Tamara L. Butler, 36, of North Main Street in Albion, was charged with petit larceny following her arrest on April 21 at about 2 a.m. after an arrest warrant from Orleans County was executed. She was issued an appearance ticket for Batavia City Court. The investigating officer was Peter Flanagan.

Eric. R. Swede, 25, of Perry Road in Pavilion, was arrested in Monroe County on a bench warrant issued by Batavia City Court. He posted $100 bail and was released. He is scheduled to be in City Court on April 29. The incident was investigated by officer Kevin DeFelice.

Law and Order: Man accused of marijuana and fireworks possession

By Howard B. Owens

Brandon Michael Woodham, 22, of Wheeler Road, Medina, is charged with unlawful possession of marijuana and unlawful dealing with fireworks. Woodham was stopped at 5:27 p.m. Friday on Veterans Memorial Drive by Deputy Joseph Loftus and found to allegedly possess fireworks and marijuana.

Scott M. Walton, 57, of Spencerport, is charged with DWI, driving with a BAC of .08 or greater and failure to dim lights. Walton was stopped at an unspecified time and unspecified location by a Le Roy PD officer.

Jamie L. Rennicks, 30, of Pembroke, is charged with DWI and driving with a BAC of .08 or greater. Rennicks was stopped at 2:10 a.m. Saturday on West Main Street Road, Batavia, by a State trooper.

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