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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.

March 6, 2013 - 7:20am
posted by Howard B. Owens in crime, byron, Stafford.

Susan Marie Norway, 29, of Cockram Road, Byron, is charged with two counts of endangering the welfare of a child. Norway was allegedly not at home when her children were dropped off after school by a school bus. The children went to a neighbor's house, where they stayed while the neighbor contacted the Sheriff's Office.

Melissa Marie Morton, 27, of West Middlebury Road, Bethany, is charged with petit larceny and criminal contempt. Morton was arrested on warrants from Stafford Town Court for alleged failure to appear on the charges. She was jailed on $200 bail.

March 5, 2013 - 2:48pm
posted by Howard B. Owens in batavia, crime.

The three men -- including two former City firefighters -- who admitted to a bookmaking charge late last year will work weekends for the community through the Sheriff's Office the next four and a half months, serve three years on probation and pay a $1,000 fine each.

Because the county's work release program doesn't have any openings until March 30, City Court Judge Robert Balbick delayed formal sentencing until March 26.

Greg Phillips, Brian Bordinaro and Lance Engel each appeared in court with their attorneys.

Engel was the first called to the bench and his attorney Joseph LaTona argued that Engel should be given a conditional discharge, meaning no supervised punishment, though he would need to stay out of trouble for a period of time.

All three men entered guilty pleas Dec. 11 to a Class A misdemeanor charge of promoting gambling, 2nd. The maximum sentence available to Balbick on the conviction was up to a year in jail.

LaTona took note that while it's true that his client initially faced felony charges, District Attorney Lawrence Friedman, "a pretty tough guy," agreed to reduce the charge to a misdemeanor for a plea bargain.

"My client had to resign his job of 17 years at the New York state Veterans Hospital," LaTona told Balbick. "In terms of punishment already sustained by my client and his family, that is enough."

Adding later, "He did wrong. He knew he did wrong and he knew it was a crime."

Asked for a statement by Balbick, Engel said, "I take full responsibility for my actions and the embarrassment it caused to members of my family, coworkers and friends."

Friedman (inset photo) acknowledged that even though the charges had been reduced from felonies, including the Class B felony of enterprise corruption, the fact the charges were reduced was already a substantial break.

Friedman supported the Probation Department's recommendation for Engel, which was a period of probation.

"Assuming the defendant is a law-abiding citizen in coming years, then it's not a great hardship for him to be on probation and that's a pretty good disposition for the community in a way I don't feel that a conditional discharge is good for the community."

Balbick said he's thought long and hard about the case, and while he has no doubt Engel is a hard-working family man who made just one "horrible mistake," a sentence of probation wasn't enough.

"It would be a waste of money to put this man in jail, but I do think this man committed a crime and there needs to be accountability to the citizens of this community," Balbick said.

After Engel's appearance, Bordinaro and Phillips approached the bench in turn. Both were asked if they would accept the same sentence as Engel.

The alternative sentence, Balbick said, was 120 days intermittent jail time.

Both Bordinaro and Phillips accepted Balbick's terms. There was no discussion about the sentence during their appearance before Balbick.

Phillips appeared unhappy with Balbick's offer and his attorney, Larry Andolina (top photo), admitted to reporters outside the courthouse that Phillips was indeed displeased with what transpired in court.

"It was a little more than what I expected, but we'll come back to court on the 26th and we'll deal with it then," Andolina said.

Asked about allegations that Phillips and Bordinaro conducted their bookmaking operation while on duty at the City of Batavia Fire Station, Andolino said the allegation was "nonsense."

Asked why the case had been reduced from felony charges, Andolina said, “The investigation wasn’t handled appropriately.”

Asked if there was a conflict of interest, Andolina said, "yes."

Asked if he would elaborate, he said, "No."

"You have to ask Larry Friedman or the Sheriff?" Andolina said. "They have much more information."

Asked again later if he had evidence to support his allegation that the investigation was mishandled, Andolina said, "Steve Mullen retired, didn't he."

When told that wasn't exactly evidence, Andolina again referred the question to Freidman or Sheriff Gary Maha. 

"You're asking the wrong people," he said and added, "My client still has to get sentenced on the 26h."

Later, Friedman said he wouldn't discuss the matter.

Maha who is out of town, has yet to respond to an e-mail requesting comment.

While Engel expressed remorse in court, neither Phillips nor Bordinaro were given a chance to speak.

Asked if his client, Phillips, was remorseful, Andolina said, "Sure he's remorseful. He lost his job. He lost his pension. He’s got a family. This is not a real big community. He knows a lot of people in this community. This is not a happy time."

Andolina said Phillips has been training to become a barber and can't receive a state license unless Balbick signs a "release from disability," a legal document that would allow Phillips to be licensed for such an occupation.

Balbick said he'll take up that matter on March 26.

Asked to comment on Balbick's characterization that the three defendants committed an offense against the community, Friedman said, "Regardless of how you feel about gambling laws, two of the defendants were professional firefighters and were on the public payroll and the evidence is that they were running the gambling operation on duty at least at times. The other defendant was an employee of New York State Veterans nursing home, so I think in that respect it would be considered offenses against the community."

UPDATE: WIVB's George Richert lead this evening's newscast with a story about the sentencing and included information accusing Mullen of placing bets with the bookies. Richert offered no proof, either in the form of documents or sources, to substantiate the claim. (WIVB Web Story)

March 5, 2013 - 10:39am
posted by Howard B. Owens in batavia, crime, alabamam.

Mark A. Thweatt, 52, of 66 Oak St., Batavia, is charged with petit larceny and conspiracy, 6th. Thweatt is accused of stealing a shopping cart full of beer from Tops on Feb. 18. Store surveillance video and alert residents on Redfield Parkway were instrumental in the investigation, police said. A warrant was issued for Thweatt's arrest following the investigation and he was taken into custody Monday. (Initial Report)

Brandon M. Maldonado, 24, of Tracy Avenue, Batavia, is charged with possession of a forged instrument, 2nd. Maldonado was arrested following an investigation by Deputy Brian Thompson and Investigator Roger Stone into an alleged incident reported Nov. 1. Maldonado was sentenced Monday on a similar charge to a period of interim supervision by the Probation Department and ordered to pay $611 in restitution, which he said he would pay from his tax refund. On the new charge, Maldonado was arraigned in Town of Batavia Court and released.

Steven Michael Smith, 23, of Seminary Street, Auburn, is charged with assault, 3rd. Smith is accused of fighting with another person while at work at 1:15 p.m., Monday, at a location on Route 77, Alabama.

Joseph Zajaczkowski, 57, of Batavia, is charged with DWI and felony aggravated DWI. Zajaczkowski is accused of driving drunk in Niagara County with two 13-year-old passengers, a violation of Leandra's Law. He is also charged with two counts of endangering the welfare of a child.

March 4, 2013 - 4:17pm
posted by Howard B. Owens in batavia, crime.

Kevin L. White, accused of burglary and assaulting a police officer, was pretty indecisive today about whether to accept a plea offer on the multiple charges against him.

When White first appeared in Genesee County Court this morning, his attorney, Fred Rarick, was under the impression he was going to accept the plea offer, but White turned it down.

Rarick and White then met back at the jail where, Rarick said, he explained again all of White's options and the possible consequences of getting convicted by a jury. He also explained an "Alford plea" where White could enter a guilty plea without admitting to the factual allegations, just to the likelihood that he would be convicted by jury.

The case was put back on afternoon calendar and, again, Rarick expected his client to accept the plea offer.

But as Rarick stood before Noonan, he told the judge his client had again changed his mind.

District Attorney Lawrence Friedman said that he will proceed now with a presentation to a grand jury for a possible indictment.

Of course, until a trial date is set, White will still have the option of accepting whatever offer is on the table.

White, 21, of no permanent address, is charged with second-degree burglary for an alleged break-in Aug. 21 in the City of Batavia. He was arrested Jan. 4.

He is also charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, unlawful possession of marijuana and assault, 2nd (causing physical injury to a police officer), and resisting arrest.

White was reportedly at a residence on State Street at 5:51 a.m. on Oct. 14 when Batavia police officers responded to a report of a domestic incident.

While paramedics treated an alleged female victim downstairs, police went upstairs where White and another person had allegedly locked themselves in a bedroom.

Officers kicked in the door and White allegedly tried to flee down the stairs and charge past Sgt. Dan Coffey. He and Coffey fell against the wall, down one stair and spilled into the kitchen, breaking a table and chair. Coffey allegedly suffered a leg injury.

White allegedly continued to struggle with Coffey until another police officer subdued White with a Taser.

During a search of White, he was allegedly found to possess cocaine and marijuana.

White has been in jail since on $20,000 bail or $40,000 bond.

UPDATE: Batavia PD released more information this morning about White's arrest on a burglary charge. White was accused of stealing returnable bottles and cans from a residence on Washington Avenue in August. He was also charged with petit larceny.

March 4, 2013 - 3:46pm
posted by Howard B. Owens in batavia, crime.

A Batavia man accused of eight burglaries in the city will be represented by a private attorney, Judge Robert C. Noonan was informed this afternoon.

Fred Rarick, initially assigned to represent Francis S. Smith, 19, formerly of 20 S. Main St., Batavia, told Noonan that he had been contacted by the family informing him the family retained an attorney to represent Smith.

Noonan noted that the attorney had not yet appeared with Smith nor filed notice with the court, but agreed to call Smith back in a week to appear with his new attorney.

A plea offer has been extended to Smith, District Attorney Lawrence Friedman said, and indicted he is ready to present the case to a grand jury.

Smith was arrested Jan. 1 while allegedly burglarizing a residence on Washington Avenue. Prior to that arrest, there had been a series of burglaries reported in the city that investigators considered to be the work of the same person. Smith has subsequently been charged with seven of those burglaries.

March 4, 2013 - 1:05pm
posted by Howard B. Owens in batavia, crime, byron, pembroke, Pavilion, Bethany, Stafford.

Richard Joesph Liberte, 46, of Batavia Stafford Townline Road, Batavia, is charged with criminal mischief, 2nd, and criminal mischief, 3rd. Liberte is accused of deliberately driving his vehicle into a parked truck and then into a residence, causing substantial damage to the structure at 2:18 a.m., Sunday, at 7997 Batavia Byron Road, Stafford. Liberte was jailed on $5,000 bail.

Yolanda E. Johnson, 26, of 8 Wood St., Batavia, is charged with petit larceny. Johnson is accused of stealing a bag of money from the apartment of a friend.

Melissa M. Morton, 27, of 4802 Middlebury Road, Bethany, is charged with criminal contempt, 2nd. Morton was a passenger in a vehicle stopped for alleged traffic violations on Main Street by Officer Chad Richards. There was an active bench warrant for Morton out of Batavia City Court. She was jailed on $500 bail.

Daniel C. Dilaura, 38, of 32 Brooklyn Ave., Batavia, is charged with harassment, 2nd. Dilaura is accused of hitting a woman he knew in the face. Dilaura was jailed on $10,000 bail.

Brian Lee Smith, 51, of Colonial Boulevard, Batavia, is charged with stalking, 4th. Smith is accused of having continued contact with an ex-girlfriend after being advised by law enforcement to cease all contact.

Patricia Kathleen Vogel, 52, of Exchange Street, Attica, is charged with petit larceny. Vogel is accused of stealing clothing and a book with a total value of $112.58 from Kmart.

Jerry Guity, 21, of Beach 54th Street, Far Rockway, is charged with unlawful possession of marijuana. Guity was a passenger in a vehicle stopped for an alleged traffic violation at 1:47 a.m. Monday on Route 33, Batavia, by Deputy Patrick Reeves. Guity was allegedly found in possession of marijuana.

Stephanie Leigh Hyatt, 19, of State Street, Batavia, is charged with falsely reporting an incident, 3rd. Hyatt allegedly reported that her vehicle was struck in the parking lot of Applebee's and provided a vague description of the "suspect vehicle." Hyatt allegedly later admitted to having an accident on the I-490 in Monroe County at a prior time.

Eric Michael Kelckler, 24, of Pratt Road, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Kelckler allegedly tried turning around in a private driveway on Hopkins Road at 4:15 a.m., Saturday, when his vehicle became stuck in the front yard of the residence. Upon investigation by Deputy Jason Saile, Kelckler was arrested for alleged drunken driving.

Suzanne Ryder, 46, of South Newstead Road, Akron, is charged with felony DWI, felony driving with a BAC of .08 or greater and speeding. Ryder was stopped at 10:24 p.m. Friday on Main Road, Pembroke, by Deputy Patrick Reeves for allegedly driving 53 in a 40 mph zone.

Pamela Lynn Palaszynski, 27, of Tillotson Place, Buffalo, is charged with DWI, driving with a BAC of .18 or greater, speeding, operating without headlights and failure to yield to emergency vehicle. Deputy Patrick Reeves attempted to stop Palaszynski's vehicle on Main Street, Batavia, at 10:39 p.m. Thursday for allegedly speeding (52 in a 45 mph zone) and other alleged traffic violations. Palaszynski allegedly did not stop for 2/10ths of a mile from the original traffic stop location.

Robert James Dempsey, 23, of Prole Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Dempsey allegedly drove his vehicle into a tree on Junction Road, Pavilion, at 2:30 a.m. Saturday. The accident was investigated by Deputy Eric Seppala.

Erik A. Kendell, 34, of East Bethany, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely and leaving the scene of a property damage accident. Kendell is accused of being in involved in car vs. telephone pole accident at 5:20 a.m. Saturday on Route 20, Alexander, and then fleeing the scene. The incident was investigated by Deputy Howard Carlson and Deputy Frank Bordonaro.

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