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Grand Jury: Man accused of harming police, damaging their vehicles, fleeing from them and driving recklessly

By Billie Owens

Andrew A. Said is indicted for the crime of attempted aggravated assault upon a police officer, a Class C felony. It is alleged that on Aug. 3, he intentionally attempted to cause physical harm to a police officer in the Town of Batavia by means of a dangerous instrument -- a motor vehicle -- when the officer was performing official duties. In count two, he is accused of first-degree attempted assault, a Class C violent felony, for allegedly attempting to cause serious physical injury to another person. In count three, Said is accused of first-degree reckless endangerment, a Class D felony, for recklessly engaging in conduct which created a grave risk of death to another person, under circumstances with exhibited a depraved indifference to human life. In count four, Said is accused of third-degree criminal mischief, a Class E felony, for allegedly intentionally damaging another's person's property in an amount exceeding $250 -- an unmarked NYS Police vehicle operated by a trooper. In counts five and six, the defendant is accused of second-degree criminal mischief, a Class D felony, for allegedly intentionally damaging another person's property -- NYS Police vehicles operated by two other troopers -- in an amount exceeding $1,500. In count seven, he is accused of unlawfully fleeing a police officer in a motor vehicle, in the third degree, a Class A misdemeanor. It is alleged in count seven that he was directed to stop by a uniformed police officer or marked police vehicle, and he attempted to flee at speeds of 25 mph or more above the posted limit, or engaged in reckless driving. In count eight, Said is accused of driving while ability impaired by drugs, as a misdemeanor, for driving a 1997 Mercedes on I-90 while his ability to do so was impaired by drug use. In count nine, the defendant is accused of aggravated unlicensed operation in the third degree, as a misdemeanor. It is alleged in count nine that he drove on Aug. 3 knowing that his driver's license in New York was suspended or revoked. In count 10, Said is accused of misdemeanor reckless driving, for operating the Mercedes that day in a manner that unreasonably interfered with the free and proper use of a public highway, or unreasonably endangered the users of a public highway. In count 11, he is accused of operating an unregistered motor vehicle, a violation of vehicle and traffic law. The Mercedes was not registered in New York State. In count 13, Said is accused of operating a vehicle without insurance, another violation. In count 14, he is accused of having an uninspected motor vehicle, a third violation.

Josselyn A. Scott is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on March 10, she drove a 2008 Audi on the Thruway, Oak Street, Noonan Drive and in the Days Inn/Super 8 parking lot in Genesee County while intoxicated. In Special Information filed by the District Attorney, Scott is accused of having been convicted of: aggravated driving while intoxicated as a misdemeanor on July 12, 2010 in the Town of Boston Court, Erie County; and driving while ability impaired by the consumption of alcohol, in violation of vehicle and traffic law, on Dec. 21, 2012 in Erie County Court. Those two convictions are within 10 years of the crime alleged in the current indictment.

TeeSean Ayala faces more than three years in prison after guilty plea to weapons charge

By Howard B. Owens
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      TeeSean Ayala

A young man from Batavia who was in a car that pulled into the driveway of the county manager's house on Washington Avenue in November and tried to ditch a handgun there admitted this morning in County Court to criminal possession of a weapon in the second degree.

TeeSean Ayala faces from three and a half to 15 years in prison and will be sentenced Aug. 1.

The plea satisfies several other charges, including pending burglary charges (arrest reports here and here) as well as possible charges from other burglaries in Batavia that District Attorney Lawrence Friedman said Ayala has told investigators he was involved in. The earliest burglary was in 2015, Friedman said.

The 20-year-old Ayala is a former Batavia High School basketball star.

He is being held without bail pending sentencing.

As part of his guilty plea, Ayala was required to agree to several stipulations, such as the standard waiver to a right to appeal his conviction, as well as stipulations that were contained in an email that Friedman provided to the defense attorney and the court. Asked after the hearing for a copy of the email, Friedman declined and said the contents of the email were sealed.

Law and Order: Miller Avenue man accused of violating order of protection jailed without bail

By Billie Owens

Zachary V.D. Seeley, 22, of Miller Avenue, Batavia, is charged with first-degree criminal contempt. It is alleged that at 9:12 p.m. on May 25 that Seeley was in violation of an order of protection. He was arrested, arraigned in Batavia City Court and jailed without bail. The case was handled by Batavia Police Officer Christopher Lindsay.

Angela Louise Flowers, 48, of Watson Street, Batavia, is charged with first-degree criminal contempt and second-degree harassment. At 6:15 p.m. on May 26, Flowers allegedly pushed another person, who had an order of protection against her. She was arrested, arraigned in Batavia City Court and released under the supervision of Genesee Justice. She is due back in court today (May 28). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Stephen Quider.

A 17-year-old male was arrested for third-degree criminal mischief after an incident at 6:20 p.m. on Hewitt Place in Batavia in which he allegedly damaged a city police car. He was arraigned in Batavia City Court and jailed in lieu of $1,000 cash bail or bond. He is to return to court at a later date. The case was handled by Batavia Police Offcer Stephen Quider, assisted by Det. Eric Hill.

Frank James Falcone, 33, of Batavia Bethany Townline Road, Bethany, is charged with: driving while intoxicated; failure to dim headlights; operating an unregistered motor vehicle; refusal to take a breath test; and open container in a motor vehicle. Falcone was arrested at 2:28 a.m. on May 26 on Lewiston Road in Batavia. After his arraignment, he was released on his own recognizance and is due in Batavia Town Court on June 24. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Austin Heberlein.

Jamie L. Edenholm, 32, of Gabbey Road, Corfu, is charged with: driving while ability impaired by drugs; criminal possession of a controlled substance; unlicensed operator; and following too closely. At 1:06 p.m. on May 25, after the investigation of a property damage accident on Main Street in Batavia, Edenholm was arrested on these charges. The defendant was issued an appearance ticket and is due in Batavia City Court to answer the charges on June 5. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Kevin DeFelice.

Robert James Patnode, 50, of Bishop Street, Warsaw, is charged with driving while intoxicated; DWI with a BAC of .08 percent or higher, and moving from lane unsafely. Patnode was arrested at 7:54 p.m. on May 26 on Route 238 in Darien. He was issued an appearance ticket for June 20 in Darien Town Court. The case was handled by Genesee County Sheriff's Sgt. Jason Saile, assisted by Sgt. Andrew Hale.

Jordan Scott Thomas, 20, of Elm Street, Batavia, is charged with petit larceny. At 3:59 p.m. on May 25, Thomas was arrested after allegedly stealing merchandise from Kohl's department store on Veterans Memorial Drive at 12:12 p.m. on May 21. Thomas was released on an appearance ticket for June 3 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy David Moore.

Quinn M. Pritchard, 28, of East Main Street, Batavia, is charged with petit larceny. Pritchard was arrested after a shoplifting complaint at the Dollar General on East Main Street in Batavia at 12:23 p.m. on May 24. The defendant was released with an appearance ticket for June 4 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Shane Zimblis, 48, of South Swan Street, Batavia was arrested on May 27 on a bench warrant. Zimblis was located at his residence after police arrived for an unrelated complaint. He was arraigned in Batavia City Court and jailed in lieu of $15,000 cash bail or $30,000 bond. Zimblis is due back in court today (May 28). The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Ivison.

Six arrests made at Chris Young concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Chris Young concert at Darien Lake Performing Arts Center on Friday:

Danielle M. Molisani, 19, of Black Street Road, Caledonia, is charged with false personation after allegedly providing a false name while being ejected from the concert venue.

David M. Filion, 22, of Redlein Drive, Lancaster, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Michelle S. Scheib, 41, of Fulton Street, Buffalo, s charged with harassment, 2nd, after allegedly punching a security guard in the head.

Donald D. Mikowski, 21, of Wabash Avenue, Cheektowaga, is charged with harassment, 2nd, after allegedly pushing and hitting a security guard inside the venue.

Anthony R. Mason, 30, of Marsdale Road, Buffalo, is charged with DWI and driving with a BAC over .08 percent after allegedly being found operating a motor vehicle while intoxicated.

Eric J. Rejman, 33, of Maishoss Street, Cheektowaga, is charged with DWI, driving with a BAC over .08 percent and refusing to submit to prescreen device after allegedly being found operating a motor vehicle in an intoxicated condition in the parking lot.

Sheriff's Office Warrants, active as of May 24, 2019

By Howard B. Owens
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Jeremy J. Barnett, age 27, black male, 5’8” 135 lbs., black hair and brown eyes, LKA Chili Avenue, Upper Apt., Rochester, NY

Wanted for grand larceny, 4th, bench warrant PL 155.30-1 (E felony) Batavia Town Court DOW 4/29/19

Jessica M. Horton, age 28, white female, 5’5” 130 lbs., brown hair and brown eyes, LKA Telephone Road, Pavilion, NY

Wanted for violation of probation, bench warrant CPL 410.40-1 (felony) Genesee County Court DOW 5/13/19

 

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Isabella S. Lackey, age 25, white femal,e 5’1” 190 lbs., blond hair and blue eyes, LKA Emery Street, Fulton, NY

Wanted for endangering the welfare of a child, bench warrant, PL 260.10-1 (misdemeanor) Darien Town Court DOW 7/31/18

Wanted for bail jumping, 3rd, arrest warrant PL 215.55 (misdemeanor) Darien Town Court DOW 9/17/18

Kimberly N. White, age 30, white female, 5’1” 110 lbs., black hair and brown eyes, LKA Wyoming Road, Covington, NY

Wanted for aggravated unlicensed operation, 3rd,  bench warrant VTL 511-1a (misdemeanor) Pavilion Town Court DOW 2/5/19

Wanted for bail jumping, 3rd, arrest warrant PL 215.55 (misdemeanor) Pavilion Town Court DOW 4/2/19

No photos available:

Taylor M. Miley, age 22, black female, 5’5” 280 lbs., brown hair and brown eyes, LKA Heidt Avenue, Middletown, NY, wanted for harassment, 2nd, bench warrant PL 240.26-1 (violation) Batavia Town Court DOW 4/11/17, wanted for bail jumping, 3rd, arrest warrant PL 215.55 (misdemeanor) Batavia Town Court DOW 10/26/17

Peter Carey, age 46, asian male, 5’5” 145 lbs., black hair and brown eyes, LKA 78th Street, Niagara Falls, NY, wanted for aggravated unlicensed operation, 2nd, bench warrant VTL 511-2a4 (misdemeanor) Darien Town Court DOW 3/21/19, wanted for bail jumping, 3rd, degree arrest warrant PL 215.55 (misdemeanor) Darien Town Court DOW 4/29/19

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

NET detail snags pair of suspected drug dealers from Rochester

By Howard B. Owens
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 Germayne Sessions    Shakerra Walker

A traffic stop in the City of Batavia last night by police officers working a Neighborhood Enforcement Team detail yielded a cache of drugs and a pair of felony arrests.

Germayne D. Sessions, 25, of Cummings Street, Rochester, is charged with: criminal possession of a controlled substance, 3rd; criminal possession of a controlled substance, 7th; unlawful possession of marijuana; promoting prison contraband, 1st; falsify business records, 1st; criminal impersonation, 2nd; driving without a license; and a license plate violation.

Sessions was allegedly found in possession of crack cocaine and marijuana during the traffic stop. At the jail, he was allegedly found in possession of nine bags of heroin. He is also accused of providing police officers with a false identification.

Shakerra B. Walker, 18, of North Goodman Street, Rochester, is charged with criminal possession of a controlled substance, 3rd. She was allegedly found in possession of 35 baggies of crack cocaine.

Both Sessions and Walker were jailed without bail.

Participating in the traffic stop, along with Batavia PD, were the Sheriff's Office and members of the Local Drug Task Force.

Law and Order: Walnut Street man arraigned on new burglary and larceny charges

By Billie Owens

TeeSean T. Ayala, 20, (inset left file photo) of Walnut Street, Batavia, was arrested by the Genesee County Sheriff's Office for a series of burglaries, which occurred in the towns of Batavia and Stafford last fall.

Ayala is charged with: first-degree burglary; two counts of second-degree burglary; three counts of third-degree grand larceny; and two counts of fourth-degree grand larceny.

He was arraigned in Town of Batavia Court and released on his own recognizance on all charges.

He remains in the custody of the Genesee County Jail on unrelated charges.

Laqueasha M. Taylor, 25, of Bank Street, Batavia, is charged with: criminal obstruction of breathing; endangering the walfare of a child; and second-degree harassment. She was arrested on May 19. She was allegedly involved in a fight with another person at 5:39 p.m. on May 18 on Bank Street at Northside Meadows apartments. Taylor was issued an appearance ticket and is due in Batavia City Court on May 28. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Matthew Lutey.

Robert Oliver Taft, 45, of State Street, Batavia, is charged with criminally using drug paraphernalia in the second degree. At 2:39 p.m. on May 15, Taft was taken into custody on a sealed indictment warrant returnable to Genesee County Court. He was allegedly found in possession of drug paraphernalia during the course of his arrest Taft was arraigned in Batavia City Court and released on his own recognizance. He is still currently being held in jail without bail on the charges in the sealed indictment. The case was handled by Deputy Ryan DeLong.

Kaleb James Bobzien, 21, of Dellinger Avenue, Batavia, is charged with second-degree coercion, criminal obstruction of breathing, and second-degree harassment following the investigation of a domestic dispute on Dellinger Avenue at 10 a.m. on May 17. He was arraigned in Batavia City Court and jailed in lieu of $5,000 cash bail or bond. He was due back in city court on May 21. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Kevin DeFelice.

Tiesha D. Smith, 32, of Prune Street, Batavia, is charged with petit larceny. She was arrested at 1 p.m. on May 19 after allegedly shoplifting from the 7-Eleven convenience store on East Main Street in Batavia. She was issued an appearance ticket and is due in Batavia City Court on May 28. The case was handled by Batavia Police Officer Stephen Cronmiller.

Mark B. Skeet, 65, of Batavia Oakfield Townline Road, Batavia, is charged with aggravated unlicensed operation in the second degree -- mandatory suspension. On May 20, Skeet was arrested for allegedly driving outside of the parameters of his driver's license at 2:06 p.m. on May 17 on Evans Street in Batavia. He was arraigned in Batavia City Court and released under supervision. He was due back in court on May 20. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Man who allegedly ran over his ex-wife with his truck could be in Batavia area, reward offered

By Howard B. Owens

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The U.S. Marshall's Office says a man who is accused of running over his ex-wife multiple times with his truck, seriously injuring her, May 17 could be in the Batavia or Albion area.

Crime Stoppers Buffalo is offering a $2,500 reward for information leading to the arrest of Shane Hescox, a 5-foot, 11-inch, 190-pound white male.

His last known address is 8422 Carol Court, Wheatfield, in Niagara County.

Investigator Brent Novak said Hescox has known ties to Batavia and Albion. 

He also has a violent criminal history, Novak said, and though he's not known to have a weapon, citizens should not try to apprehend him.

Novak said he has several tattoos, including the ones seen on his neck as well as tattoos on his fingers.

Hescox is wanted by the Niagara County Sheriff's Office and the Marshall's Service and is facing a charge of assault in the second degree.

People with information that could lead authorities to locate him should call Crime Stoppers at (716) 867-6161 or call 9-1-1.

Law and Order: Swamp Road man accused of breaking into Byron home, stealing welder and car

By Billie Owens

Peter J. Gravante Jr., 30, of Swamp Road, Byron, is charged with second-degree burglary and grand larceny in the fourth degree, both felonies, and unauthorized use of a vehicle in the third degree, a misdemeanor. At 5:48 p.m. on May 20 on Townline Road, Byron, Gravante allegedly forcefully entered a residence through a window. He then allegedly stole a welder from the garage and took keys to a vehicle in the driveway. He subsequently allegedly took the car from the residence. The property he is accused of stealing was recovered in Rochester. The defendant was arraigned in Town of Batavia Court and put in Genesee County Jail in lieu of $20,000 cash or $40,000 bond. He is due in Byron Town Court on June 3. The case was investigated by Genesee County Sheriff's Deputy Robert Henning, assisted by Deputy Richard Schildwaster, Deputy Jenna Ferrando, Deputy Kevin Forsyth, and investigators Christopher Parker, Howard Carlson and Chad Minuto.

Colby Le-andrew Ellis, 30, of West Academy Street, Albion, is charged with: endangering the welfare of a child; fourth-degree criminal mischief; second-degree harassment; and third-degree criminal mischief. Ellis was arrested on May 20 after a domestic incident at 3:30 p.m. on May 14 on Old Creek Road in Alexander. He allegedly: damaged property that did not belong to him; endangered the welfare of a child; and struck the victim in the face with his hand. He was arraigned in Town of Alexander Court, then released under supervision of Genesee Justice. Ellis is due back in court on June 11. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

NYS Police in Batavia continue to investigate 1977 murder of Erie County woman

By Billie Owens

Photo and information from the NYS Police, Troop A, Batavia:

Cold Case Tuesday: New York State Police in Batavia continue to investigate the 1977 murder of an Erie County woman.

On Nov. 25th, 1977, the partially decomposed body of Jessica Rose Lane, age 66, was found by two deer hunters in a wooded area off of Alley Road in the Town of Darien.

The victim was found fully clothed with fractured ribs, a fractured left elbow and a fractured skull, likely caused by stabbing.

Lane was last seen on Nov. 11, 1977 at Williamstown Apartments in Cheektowaga.

The exact location of the crime has yet to be determined. However, the residents below the victim’s apartment claimed to have heard two “thumps” between 4 and 4:30 a.m. on Nov. 12th, 1977.

Lane, who lived alone, was known to keep to herself and rarely had visitors. Suspects have been developed, but no arrests have been made.

Anyone with information regarding this investigation is asked to contact the New York State Police Bureau of Criminal Investigation in Batavia by calling 716-344-6200. Please refer to SJS # 3029541.

Law and Order: Jackson Street man accused of stealing $800 in tools from Le Roy hardware store

By Billie Owens

Benjamin Santiago Jr., 30, of Jackson Street, Batavia, is charged with petit larceny. After a larceny investigation at Crocker's Ace Hardware in Le Roy, Santiago was arrested May 18 for allegedly stealing $800 worth of tools from the store at 3:25 p.m. on May 14. He was released on an appearance ticket and is due in Le Roy Town Court on June 13. The case was handled by Genesee County Sheriff's Deputy James Stack.

Heather Nicole Holbrook, 34, of Byron-Holley Road, Byron, is charged with: criminal possession of a controlled substance in the seventh degree; endangering the welfare of a child; aggravated unlicensed operation in the third degree; and having an indequate muffler. At 10:08 p.m. on May 16, deputies conducted a traffic stop at the intersection of West Main Street and River Street in the City of Batavia. Following an investigation, Holbrook was arrested. She is accused of operating a motor vehicle while her driver's license was suspended and while in possession of a controlled substance, with two children as passengers. She was issued appearance tickets and is due in Batavia City Court on May 29. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Robert Henning.

Heather Nicole Holbrook, 34, of Byron-Holley Road, Byron, is charged with failure to appear. She was arrested on a warrant out of Batavia City Court and arraigned at 10:58 a.m. on May 17. She is accused of failing to appear in Batavia City Court on May 9. She was released on her own recognizance and is to return to city court on May 29. The case was handled by Batavia Police Officer Peter Flanagan.

Michael David Senay Jr., 25, of Overlook Drive, Batavia, is charged with: third-degree menacing; fourth-degree criminal mischief; criminal obstruction of breathing; unlawful imprisonment in the second degree; and second-degree harassment. At 9 p.m. on May 17, following the investigation of a domestic incident in the Town of Batavia, Senay was arrested. He was arraigned in Batavia Town Court. He is due back in court on June 11. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Lee Christopher Clark, 39, of 8202 Lewiston Road, upper, Batavia, is a convicted sex offender charged with failure to report a change of address/status within 10 days as required. It is alleged that Clark failed to register Internet accounts with the NYS Division of Criminal Justice Services within 10 days. He was transported to the GC Sheriff's Office for processing and released on an appearance ticket returnable to Batavia Town Court on June 4. The case was handled by GC Sheriff's Deputy Travis DeMuth.

Sara Tea Cupler, 26, of Starr Road, Pavilion, is charged with criminal possession of a controlled substance in the seventh degree and unlawful possession of marijuana. Cupler was arrested at 8:33 p.m. on May 18 after a call to the Emergency Dispatch Center for a welfare check on a female unconscious in a vehicle on South Lake Road, Pavilion. Cupler was released on an appearance ticket and is due in Pavilion Town Court on June 4. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Andrew Hale.

Robert G. Whitehead, 28, of Ellsworth Avenue, Batavia, was arrested on a bench warrant out of Batavia City Court on May 13. He is accused of failure to appear in court on Sept. 13, 2012. He was arraigned at 1:54 p.m. and then put in jail in lieu of $1,000 cash bail or $2,000 bond. He was due back in city court on May 16. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

Katrina Lynn Drake, 29, of Locust Avenue, Lockport, was arrested on May 21 and charged with trespass. It is alleged that at 5:39 p.m. on May 9 there was a disturbance on Tracy Avenue in Batavia and Drake allegedly went onto a porch and kicked a door. She is due in Batavia City Court on May 21 to answer the charge. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

Bryan Jose Alvarado-Arce, 22, of Studley Street, Rochester, is charged with unlawful possession of marijuana. Alvarado-Arce was arrested at 6:29 p.m. on May 17 after a traffic stop on Townline Road in Bergen. He was a passenger in the vehicle. He was released on an appearance ticket and he is due in Bergen Town Court on June 5. The case was handled by Genesee County Sheriff's Deputy James Stack.

State Street resident accused of selling crack cocaine

By Howard B. Owens
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      Robert Taft

A 45-year-old resident of State Street in Batavia has been arrested, accused of selling crack cocaine to an agent of the Local Drug Task Force.

Robert O. Taft is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Taft is accused of selling crack to an agent on two separate occasions.

He was arraigned on the charges by Judge Charles Zambito and ordered held without bail.

Task Force members were assisted by Batavia PD, Sheriff's deputies, and the District Attorney's Office.

Law and Order: Central Avenue man with 46 license suspensions accused of speeding while using cell phone

By Billie Owens

James R. Calaci, 36, (above photo) of Central Avenue, Batavia, is charged with: aggravated unlicensed operation in the first degree; unlicensed operator; speeding; using a portable handheld device. Calaci was arrested on Liberty Street at 12:12 p.m. on May 9 following a traffic stop. He was allegedly using a portable handheld device while driving and he was speeding. He was found to be operating a motor vehicle while his NYS driver's license had 46 active suspensions. He was arraigned in Batavia City Court and jailed on unspecified bail. He is due in City Court on May 16. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Kevin DeFelice.

Jason Solomon Wood, 40, of Woodstock Gardens, Batavia, is charged with two counts of second-degree criminal contempt. On March 11 at 3:49 a.m., the GC Sheriff's Office received a complaint of a violation of an order of protection. Following an investigation, it is alleged that Wood intentionally violated an order of protection out of Family Court by contacting the protected party several times via text messaging. Woods was arrested and arraigned in Town of Batavia Court and jailed in lieu of unspecified cash bail. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy David Moore.

Law and Order: Arrests for prison contraband, possessing unstamped smokes and pot

By Billie Owens

Christian Arieras Wilson, 21, of State Street, Batavia, is charged with promoting prison contraband in the first degree, fifth-degree conspiracy and criminal possession of a controlled substance in the seventh degree. Following an investigation into smuggling contraband into the Genesee County Jail, Wilson was arrested, released on an appearance ticket and is due in Batavia City Court on May 20. It is alleged that Wilson delivered a quantity of a controlled substance into the jail in a concealed manner at 7:30 p.m. on Jan. 19. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Michael Shawn Wahl, 53, of Jordan Avenue, Rochester, is charged with aggravated unlicensed operation of a motor vehicle in the third degree and possessing or transporting or offering for sale unstamped cigarettes. At 10:32 p.m. on May 10, following a traffic stop on Indian Falls Road in Pembroke, Wahl was arrested. Allegedly, he was driving a motor vehicle and his driver's license was revoked and he possessed unstamped cigarettes for sale. He was issued an appearance ticket and is due in Town of Pembroke Court on May 28. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Jenna Ferrando.

Tammy Kay Zasowski, 51, of Clinton Street, Elma, is charged with petit larceny. Following an investigation of a larceny on Shanks Road on the Tonawanda Indian Reservation, Zasowski was arrested. It is alleged that she stole cigarettes at noon on May 3. She was released on an appearance ticket and is due in Alabama Town Court on June 5. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Ira Leroy Mercer, 72, of Oakwood Road, Rochester, is charged with possession of unstamped cigarettes for sale. At 10:32 p.m. on May 10, Mercer was arrested on Indian Falls Road in Pembroke following a traffic stop. He allegedly possessed unstamped cigarettes that were for sale. He was issued an appearance ticket and is due in Town of Pembroke Court on May 28. The case was handled by Genesee County Sherjiff's Deputy Joshua Brabon, assisted by Jenna Ferrando.

Ramon S. Gilliam, 44, of Main Street, Le Roy, is charged with unlawful possession of marijuana, aggravated unlicensed operation of a motor vehicle in the third degree, and having an uninspected motor vehicle. Gilliam was arrested following a traffic stop for uninspected vehicle at 9:04 a.m. on May 10 on East Main Street Road in Batavia. He is due in Batavia Town Court on May 23. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Ryan Young.

Joshua Dale Thomas Jr., 34, of Post Avenue, Rochester, is charged with criminal possession of marijuana in the fourth degree. At 12:29 a.m. on May 11, Thomas was arrested on Route 490 in Le Roy. He was the passenger in a motor vehicle stopped for alleged vehicle and traffic violations. "During the stop criminal indicators were observed which led to a subsequent search of the vehicle and its occupants." Thomas was allegedly found in possession of more than two ounces of marijuana. He was issued an appearance ticket for Town of Le Roy Court and is due there on June 4. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Thomas Sousa, 55, of 7th Avenue, St. Petersburg, Fla., is charged with unlawful possession of marijuana. At 2:51 a.m. on May 10 on South Lake Road in Bergen, Sousa was arrested after a traffic stop for alleged vehicle and traffic violations, which included failure to keep right. He was issued appearance tickets and is due in Bergen Town Court on June 19. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Erik Andre.

Grand Jury: Person accused of using a box cutter to assault and injure someone

By Billie Owens

Kelly J. Rhim is indicted for the crime of second-degree assault, a violent Class D felony. It is alleged that on April 13 in the City of Batavia that Rhim intentionally caused physical injury to a person by means of a dangerous weapon. In count two, Rhim is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two that Rhim possessed a box cutter with the intention of using it against another person. In Special Information filed by the District Attorney, Rhim is accused of having been convicted on Feb. 19, 2015, in Batavia City Court, of attempted petit larceny, a Class B misdemeanor, and the conviction forms the basis for count two of the current indictment.

Law and Order: Thorpe Street man accused of threatening neighbor with handgun

By Billie Owens

Richard L. Bailey, 63, (inset photo right) of Thorpe Street, Batavia, is charged with: second-degree menacing; fourth-degree criminal possession of a weapon; and third-degree criminal possession of a weapon. Bailey was arrested after he allegedly was involved in a disturbance at 7:09 p.m. on April 25 wherein he threatened a neighbor on Thorpe Street with what appeared to be a handgun. Following arraignment in Batavia City Court the next morning, he was jailed without bail. He was due in city court again on April 29. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Matthew Wojtaszczyk.

William G. Schultz, 45, of Maple Street, Batavia, is charged with criminal mischief -- intentional damage of property, and second-degree criminal trespass -- entering or remaining unlawfully in a dwelling. He was arrested on May 1 after an investigation into an incident that occurred at 2 p.m. on April 21 at Bill's Auto on Evans Street in Batavia. He was arraigned in city court and jailed on $2,500 cash bail or bond. Then at the jail while being processed he was allegedly found in possession of a controlled substance. He was subsequently charged with criminal use of drug paraphernalia in the second degree; criminal possession of a controlled substance in the seventh degree; and introduction of contraband into prison in the second degree. He was due back in city court on May 7. The cases were handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

April M. Palmer, 33, Lake St., Le Roy, is charged with petit larceny. She was arrested at 4:20 p.m. on April 14 following a shoplifting complaint at the Dollar General on East Main Street in Batavia. She was issued an appearacne ticket and is due in Batavia City Court on May 14. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Mitchell Cowen.

Ashley B. Farrell, 33, of Summit Street, Batavia, is charged with dog running at large and unlicensed dog. She was arrested at 3:08 p.m. on April 21 after her two dogs were found running at large in the city and they were unlicensed. She is due in city court on May 14 to answer the charges. The case was handled by Batavia Police Officer Mitchell Cowen.

Samantha R. Jones, 34, of Oak Street, Batavia, is charged with dog running at large. She was arrested at 5:45 p.m. on May 1 on Oak Street. It is alleged that her dog ran at large without a leash onto another person's property. She was issued an appearance ticket for Batavia City Court and is due there on May 14. The case was handled by Batavia Police Officer Stephen Cronmiller.

Anthony L. Rice, 26, of Post Avenue, Rochester, was located and arrested by New York State Police on a bench warrant out of Batavia City Court. The warrant was issued April 25 after he failed to appear in city court regarding traffic offenses. He was turned over to Batavia PD and processed at headquarters. He was put in GC Jail on $1,000 cash bail or bond and was due in city court May 7. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Miah Stevens.

Robert V. Howard Jr., 66, of Lockport Ollcott Road, Lockport, was taken into custody by Batavia police on May 5 from the New York State Police, who had stopped Howard for vehicle and traffic violations in Niagara County. NYPS determined Howard had a bench warrant for his arrest out of Batavia City Court. After his arraignment in city court, he was put in GC Jail or $500 cash bail or bond. He was due in city court again on May 6. The case was handled by Batavia Police Officer Arick Perkins.

Law and Order: Elba man accused of vehicular assault, driving recklessly while impaired by drugs in car-into-house crash

By Billie Owens
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     Rodney Harmon

Rodney Lee Harmon Jr., 42, of Church Street, Elba, is charged with: vehicular assault in the second degree; driving left of pavement markings; moving from lane unsafely; reckless driving, and driving while ability impaired by drugs. At 3:16 p.m. on April 15, after the investigation of a motor-vehicle crash in which the car struck a house on Oak Orchard Road in Batavia, Harmon was arrested. Harmon and his passenger were allegedly involved in a domestic incident while Harmon was driving a Chevy Cruze southbound on Route 98. The vehicle crossed over the hazard warnings into the northbound lane of travel and exited the highway, crashing into the north side of a house. Harmon was transported to Strong Memorial Hospital and evaluated. He was issued an appearance ticket and is due in Town of Batavia Court on May 27. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy James Stack.

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     Wesley Thigpen

Wesley Thigpen, 38, of Vine Street, Batavia, is charged with first-degree sexual abuse. He was arrested on May 1 after an investigation into an incident that occurred in December on Vine Street in Batavia. He turned himself in upon request, was arraigned in Batavia City Court, then released under supervision of Genesee Justice. He is due in court again at 9 a.m. on Thursday, May 23. The case was investigated by Batavia Police Det. Thad Mart.

Christopher T. Sprague, 25, of West Main Street, Batavia, is charged with two counts of third-degree burglary. He was arrested on May 3 for allegedly attempting to burglarize the Salvation Army Thrift Store at 98 Jackson St. in the City of Batavia on Dec. 23. Also on May 3, he was charged with the same crime for allegedly burglarizing Bill's Auto at 101 Evans St. in Batavia. After his arraignment, he was released on his own recognizance but he is in GC jail on other charges. He is due in Batavia City Court on the burglary charges June 6. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Det. Eric Hill.

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Christopher Sprague

Jonathan Wayne Arce, 35, of Wyoming Street, Wyoming, is charged with: driving while intoxicated; DWI -- operating a motor vehicle while having a BAC of .08 percent or higher; moving from lane unsafely. At 7:11 p.m. on May 3 on Francis Road, Bethany, Arce was arrested on these charges. He was issued an appearance ticket and is due in Bethany Town Court on May 21. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. John Baiocco.

Donald G. Cooper, 35, and Christine A. M. Wark, of School Street, Le Roy, were arrested by Le Roy police on May 3 and each was charged with four counts of endangering the welfare of a child, a Class A misdemeanor. Cooper was also charged with unlawful possession of marijuana, a violation. At about 10:30 p.m. on May 3, Le Roy Police Department received a complaint of two young children sitting on the side of the road on Route 19. When patrols arrived, they located two children, ages 8 and 10. Police were able to identify and locate the parents of the children. It was "discovered that the children were allegedly sent out of the residence to burn off some energy while retrieving a discarded item located on the side of the road approximately a half mile from their residence. During the investigation, an unsecured firearm and bullets for the firearm were located in the residence...in a location that was accessible to both children." Paraphernalia for smoking marijuana was also found in the residence, in a location accessible to both children. As a result of the significant disregard for both children's well-being..." both Cooper and Wark were arrested, without incident. After arraignment in Town of Le Roy Court, the defendants were released under supervision of Genesee Justice. They are due back in Town of Le Roy Court on June 4 to answer the charges.

Steven D. Smires, 23, no permanent address, was arrested on May 2 by the Le Roy Police Department and charged with one count of endangering the welfare of a child, a Class A misdemeanor, and one count of unlawful possession of marijuana, a violation. In the same incident, Leah M. Burrus-Stewart, also no permanent address, was arrested and charged with one count of endangering the welfare of a child. At about 11:30 a.m. on May 2, Le Roy PD received a complaint of a subject smoking marijuana in a vehicle with two small children inside. Upon arrival, patrols found Smires and Burrus-Stewart inside along with a 3-year-old child belonging to Burrus-Stewart and a 9-month-old baby that belonged to the couple. Police also allegedly located marijuana and paraphernalia for smoking it inside the vehicle. It was also discovered that the family did not have housing and had been living in the vehicle. Both adults were arrested without incident and Child Protective Services was contacted to assist with the children's care. The couple was arraigned in Le Roy Town Court and jailed in lieu of $750 bail each. They are due back in Le Roy Town Court on June 4 to answer the charges.

Jennifer L. Shaw, 33, of Bank Street, Batavia, is charged with endangering the welfare of a child. Shaw was arrested at 3:10 p.m. on April 22 on West Main Street in Batavia after an investigation of an incident in which she allegedly left two children unattended in a running vehicle in a parking lot. She was issued an appearance ticket and is due in Batavia City Court on Tuesday, May 7. The case was handled by Batavia Police Officer Felicia DeGroot.

William G. Schultz, 45, of Maple Street, Batavia, is charged with criminal possession of a controlled substance and second-degree criminal use of drug paraphernalia. At 11:15 a.m. Schultz was arrested on Evans Street in Batavia on an unrelated charge. While being searched, he was allegedly found in possession of a controlled substance and drug paraphernalia. He was arraigned in Batavia City Court then jailed in lieu of $2,500 cash bail or bond. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

Stanley F. Wenzel, 30, of Hutchins Place, Batavia, is charged with dog running at large. He was arrested on April 26 and is due in city court for arraignment on Tuesday, May 7. It is alleged that on April 7 at 4:28 p.m. a dog that Wenzel was in possession of got loose and attacked another dog on Hutchins Place. Wenzel was issued an appearance ticket. The case was handled by Batavia Police Officer Christopher Lindsay.

Tiesha Deon Doward, 32, of Prune Street, Batavia, was arrested on May 4 on a warrant out of Batavia City Court after police responded to an incident on Prune Street. They executed a bench warrant that was issued after she failed to appear in court April 24 on a petit larceny case from 2018. Doward was given an appearance ticket and is due in city court on Tuesday, May 7. The case was handled by Batavia Police officers Marc Lawrence and Peter Flanagan.

A 16-year-old who lives in Batavia is charged with unlawful possession of marijuana, a violation. The youth was stopped at 12:22 a.m. on April 20 on West Main Street in Batavia for vehicle and traffic violations. During the traffic stop, the youth was allegedly found in possession of marijuana. The youth was arrested and released to a parent and is due in Batavia City Court on Tuesday, May 7. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Peter Flanagan.

Paul W. Zeches, 30, of Oak Street, Batavia, was arrested on April 30 when he responded to Batavia Police Department for an unrelated matter. He had an active arrest warrant out of Batavia City Court for an unspecified incident that occurred on Feb. 28, 2017. He was arraigned, he pled guilty and was released. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Marc Lawrence.

Anthony R. Piazza, 28, of Pratt Road, Pembroke, was arrested at 2:15 p.m. on April 30 on a bench warrant out of Batavia City Court. The warrant was issued after he failed to appear in court on a misdemeanor traffic ticket. He was released on his own recognizance and is due in city court May 30. The case was handled by Batavia Police Officer Christopher Lindsay.

Woman who gave gun to teen who shot killer facing two years in prison after guilty plea

By Howard B. Owens
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Jennifer K. Urvizu-  Hanlon

A 48-year-old Batavia woman can expect to spend two years in state prison after admitting today in County Court to attempted criminal possession of a weapon in the second degree.

The charge stems from a May 17 incident on Central Avenue when Jennifer K. Urvizu-Hanlon gave her licensed handgun to Samuel Blackshear, now 18, who shot Nathaniel Wilson, who had just stabbed to death 41-year-old Terry J. Toote.

Wilson is serving a 20-to-life prison term on his murder conviction. Blackshear was sentenced to three years in jail.

Urvizu-Hanlon owned La Mexicana grocery store at the time of her arrest.

According to information that came out at Blackshear's sentencing, surveillance video shows a black sedan on Central Avenue sometime before the incident. At one time, the driver got out and retrieved what looked like a handgun from the truck. The car left Central Avenue and returned. It leaves again and reappears just before Wilson shows up on the street. After Wilson stabbed Toote, Blackshear is seen moving toward Wilson, who is turning to leave. Blackshear sees the sedan and walks over to it and is handed the gun by the driver.

Nobody has seen the gun since the shooting, a point of contention at Blackshear's sentencing. It may have been thrown into a creek. 

As a result of the incident, Urvizu-Hanlon lost her pistol permit and as a result of the conviction, she will not be able to obtain another permit.

The term of the plea agreement is that Urvizu-Hanlon will receive a determinate sentence of two years. The length of her parole, one-and-a-half to three years, will be at the discretion of Judge Charles Zambito when she is sentenced at 1:30 p.m., July 12.

If Urvizu-Hanlon had gone to trial on the charge, she would have faced up to seven years in prison.

First Assistant District Attorney Melissa Cianfrini said the two-year prison term is based on her lack of any prior criminal record.

There will be mitigating information that is discussed at the sentencing that Zambito may consider on the length of her post-release supervision.

Attorney for Antwan Odom says his client acted in self defense in fight with Ray Leach

By Howard B. Owens

A defense attorney for Antwan Odom, the Batavia High School athlete accused of cutting Ray Leach with a knife during an apparent argument Aug. 4, will file a motion in advance of a trial later this year that will allow him to call into question Leach's character.

Odom today turned down a plea offer that could have meant no jail time, seemingly on the advice of his attorney, Frank Housh, of Buffalo, because Housh didn't feel there was enough of a guarantee from the court that Odom could be adjudicated a youthful offender and avoid a prison term.

Outside of court, Housh said his client didn't commit a crime, that he acted in self-defense, and that as part of a self-defense claim, he should be able to submit evidence that supports his claim, including the character of the alleged victim.

"The fact that Ray Leach is known in the community to be a violent person, to be a confrontational person, who confronted (Odom) -- by the prosecution's own admission -- he was the first aggressor," Housh said. "He went to my client's house and called him out and beat him into unconsciousness.

"So, under those circumstances, to say, when the prosecution is admitting that he was the first aggressor, to say that his history of violence and intimidation is irrelevant is simply absurd. We should be able to bring that up because it goes to the circumstance of his justification."

Housh may also seek a change of venue. Given Leach's status as a star athlete, one of the most recognized athletes in the region, Housh said he isn't sure an impartial jury could be impaneled in Genesee County.

A change of venue motion isn't certain, Housh said. He will need to research it further.

He said a request for a change of venue is unrelated to a bit of a conflict in court today over the terms of a potential plea agreement and what Judge Charles Zambito's role is in guaranteeing any particular sentencing outcome.

Odom is charged with assault in the first degree, a Class B felony with a minimum sentence of five years in prison and up to 25 years in prison. District Attorney Lawrence Friedman's offer was for Odom to plead guilty to second-degree assault, a Class D felony. The plea, Friedman said, would be unconditional and expose Odom to a potential maximum prison term of seven years.

However, Odom would also then be eligible for a probationary sentence and youthful offender status, which would seal his criminal record.

Housh said in court today that in 25 years of practicing criminal law, including 10 working as a prosecutor, he had never come across a court where he couldn't get a promise from a judge on sentencing perimeters. 

His interpretation of his conversation with Friedman was that he couldn't even ask Zambito to promise probation and youth offender adjudication and that even to discuss the possibility with the judge would violate the terms of the plea offer.

"Never have I seen a scenario where the separation of powers has been so different, whereby the prosecutor decides what sentencing perimaters and what protocols the judge will follow," Housh said. 

Friedman rolled his eyes.

He said Housh was mischaracterizing their conversation and that an unconditional plea offer is just that -- there are no preconditions on sentencing. It would be up to the judge to decide on the day of sentencing what the appropriate sentence should be.

If the judge makes promises about sentencing at the time of the plea then it is no longer an unconditional plea, Friedman said.

"If the defendant wants the range of sentencing with a D felony instead of a B, then take the plea," Friedman said. "If not, then don't take the plea."

Zambito told Housh it is his practice to never promise anything less than the statutory limit. He wants to see the presentence report and hear the arguments of the attorneys before reaching a decision on an appropriate sentence.

"This court has been doing it this way for as long as I can remember," Zambito said. "It's not just me and it's not just Mr. Friedman."

The attorneys then met with Zambito in chambers and then Housh met with his client. When the court reconvened the case, Housh informed the court that his client was rejecting the plea offer and he asked for time, before setting a trial date, to file motions and have those motions heard. He has 30 days to file his motions. A hearing on the motions is set for 2 p.m., July 2.

Law and Order: Alexander Town Clerk charged with two NYS Election Law violations

By Billie Owens

Lisa Lynn Lyons, 42, of Alexander Road, Attica, is charged with two counts of misconduct in relation to petitions, a violation of NYS Election Law (ELN 17-122, #6). It is alleged that the defendant subscribed as a witness to a petition on April 1 for the designation of herself as the Republican candidate for the upcoming Town Clerk of Alexander position. It is alleged that she did not witness all signatures of the filed petition, thereby making a false statement or false affidavit. Lyons, who is the incumbent Town of Alexander Clerk and Tax Collector (her term expires Dec. 31), was issued an appearance ticket for the charges and is due in Batavia City Court at 1:30 p.m. on Tuesday, May 21. The case was investigated by Genesee County Sheriff's Sgt. James Diehl.

Devin A. Hill, 18, of Rochester, is the alleged driver a pickup truck that was seen leaving the Batavia Cycle Center, located at 4988 E. Main Street Road in the Town of Batavia, hauling a trailer at 2:15 a.m. this morning (May 2). His passenger was Angel I. Carrasquillo, 43, of Rochester, who was later located walking in the area of Route 33 and Warner Road. The men were arrested after the Genesee County Sheriff's deputies were called to a suspicious condition at the cycle center. The pickup truck and trailer were stopped a short time later on Route 33 in the area of Coward Road after a call by deputies. Two go-karts and one three-wheeler were on the trailer being towed and they were determined to be stolen from Batavia Cycle Center. Both men are charged with third-degree grand larceny, third-degree burglary, and fourth degree criminal mischief. Following their arraignments in Town of Batavia Court, Hill was jailed in lieu of $10,000 bail and Carrasquillo was jailed without bail. The case is being investigated by GC Sheriff's Deputy Mullen, Deputy Andre, Sgt. Baiocco, Sgt. Sanfratello, Investigator Parker and Investigator Minuto. Also assisting were members of the Batavia PD, NYSP, and Environmental Conservation Officer Fay Fuerch.

Jacob John Sponaugle, 20, of Liberty Street, Batavia, is charged with: introduction of prison contraband into prison in the frist degree; fourth-degree criminal facilitation; fifth-degree conspiracy; and seventh-degree criminal possession of a controlled substance. It is alleged that Sponaugle conspired with others to smuggle contraband items into the jail. Following an investigation of contraband smuggling in the GC Jail on Jan. 19, Sponaugle was arrested on April 30. After arraignment in Batavia City Court, the defendant was jailed on $2,500 cash bail or $5,000 bond. He was due back in city court May 1. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Mark Daniel Caufield, 25, of Fisher Road, Rochester, is charged with: criminal possession of marijuana in the fifth degree -- more than 25 grams; aggravated unlicensed operation of a motor vehicle in the first degree; operating a motor vehicle while impaired by drugs -- first offense; and criminal possession of drug paraphernalia in the second degree. At 4:07 p.m. on April 21, Caufield was arrested on Clinton Street Road in Batavia following a traffic offense complaint. He was arraigned in Town of Batavia Court and is due there again on May 20. He was jailed on $2,500 cash or bond. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Travis DeMuth.

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