crime

John M. Brabowski, 40, of Fisher Road, Oakfield, is charged with third-degree rape. He was arrested on July 24 and arraigned at 9:11 p.m. in Batavia Town Court. It is alleged that he engaged in sexual intercourse with a female victim under the age of 17 on July 23 at a location on Fisher Road in Oakfield. He was jailed on $100,000 bail and is due in Oakfield Town Court on Aug. 6 to answer the charge. Additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus, Youth Officer Howard Carlson and Sgt. Bradley Mazur.

Anthony D. Micucci, 24, of Main Street, Alexander, is charged with third-degree assault, third-degree menacing, and endangering the welfare of a child. He was arrested at 3:25 p.m. on July 25 on Main Street in Alexander following a domestic incident in the village. He is due in Town of Alexander Court on Aug. 8. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Joshua M. Gaudioso, 29, of Genesee Street, Le Roy, is charged with criminal possession of a weapon because he is a convicted felon. He was arrested and arraigned in Bergen Town Court at 9 p.m. on July 26. He was jailed in lieu of $10,000 cash or bond. He is accused of possessing a shotgun on July 20 at a location on North Bergen Road, Bergen. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Chad Minuto.

Kevin Wayne Howard, 18, Bank Street, Batavia, is charged with unlawful use of a motor vehicle in the third degree. He was arrested at 4 a.m. July 26 on Griswold Road in Le Roy following a complaint. It is alleged that the defendant took a motor vehicle without the consent of the owner. He was issued an appearance ticket for Town of Le Roy Court and is due there Sept. 3. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Batavia Police Sgt. Dan Coffey.

Damien Anthony Weir, 37, of Branch Lane, East Stroudsburg, Pa., is charged with unlawful possession of marijuana. The defendant was charged after a traffic stop on Veterans Memorial Drive in Batavia at 10:28 a.m. on July 24. He was issued an appearance ticket for Batavia Town Court and is due there on Aug. 14. The case was handled by Sheriff's Deputy Lonnie Nati, assisted by Deputy Ryan DeLong.

A person of interest in the murder of Raymond Lee Morgan is in custody on an unrelated matter, Batavia PD announced this morning. 

The police are not releasing the name of the person or a description of the person because of "the very active nature of the investigation."

The police are not releasing further information about the case at this time, the department said in a statement. 

Morgan was found badly beaten in his room at 111 Liberty St., Batavia, at 11:15 p.m., Tuesday after police received a report of a disturbance. Mercy medics responded but Morgan, 47, who had two daughters and seven grandchildren, died at the scene.

According to family members, a person was seen fleeing through a second-story window and police officers, including a K-9, conducted a search of the area that night.

The day after the murder, two men living at 111 Liberty were taken into custody on alleged parole violations.

Funeral arrangments have been made for Morgan. Calling hours will be at 11 a.m. Saturday at H.E. Turner, 403 E. Main St., Batavia, with a funeral service at 1 p.m.  (Full Obituary)

Previously:

• Batavia PD investigating homicide on Liberty Street
• Name released of Liberty Street murder victim

A 47-year-old Batavia man with many local family members has been identified by Batavia PD as the victim of a homicide last night at 111 Liberty St.

Raymond Lee Morgan died in his room last night after police and medics were dispatched because of a reported fight.

The suspect apparently fled on foot after jumping from a small second-story window. Police have not released a description of the suspect and he is apparently not yet in custody. 

In a release, Batavia PD said Morgan was well known to local officers. He had a criminal history and was on parole.

He was released from State Prison in November after serving a year on a criminal possession of a controlled substance, 5th, charge. He also served time from 1999 to 2002 on a grand larceny conviction.

But to his friends and family members gathered across the street from 111 Liberty St. this afternoon, he was a father, son, uncle and brother.

Victor Thomas, who said he grew up with Morgan as his uncle but called him his brother by the time he was an adult, said Thomas loved the Yankees and he loved cars.

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"He was big into cars and any car he had, it was going to have a system in it," Thomas said. "He loved to hear it bang. He loved to let people know he was coming before he was there."

Thomas got a little choked up talking about Morgan. He recalled that Morgan was always there when he was a kid to help him and his family.

"He had a big heart," Thomas said. "From the time I was knee high, he made sure I went back to school with nice clothes. If my mother and father couldn't do it, he was there to get me things I needed to be just OK."

He saw Morgan as bigger than life.

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"Ray was a dude that lived his life with an open heart," Thomas said. "He had so many friends. He had so many people who wanted to be around him. I mean, he was a character. He was one of a kind. You can ask anybody that. He was one of a kind. There is nobody else walking this earth who was like that dude."

Family members in the parking lot across from the rooming house were agitated while police officers and parole officers were inside the multi-unit building trying to untangle their complaints and deal with a couple of suspected parole violators.

One of them, family members said, had spread false rumors on Facebook that Morgan was the killer and he also apparently entered the room where Morgan died after police cleared the scene and took photos of the blood-soaked scene and posted them on Facebook.  

Taken into custody today was Michael Elmore. Family members shared with The Batavian posts with Elmore's name on them where Elmore said Morgan was killer and they accused Morgan of taking and posting the bloody pictures. 

Police Chief Shawn Heubusch explained this afternoon that once investigators finish processing a crime scene, the property is turned over to its owner and the owner from that point is responsible for securing the scene.

A source family with police procedures explained further that by law, police can't remain in custody of a scene once processing is completed without a warrant.

It was unfortunate, Heubusch said, that before the landlord could secure the scene, another resident of the boarding house went in and took pictures of the pools and splatters of blood in the room and posted them on social media.

"It doesn't help our investigation at all," Heubusch said. "It compromises our investigation."

He said he understands seeing those pictures online was very upsetting to family members.

"It's a shame there is no social norm anymore where people won't publish that on social media," Heubusch said. "It's absolutely ridiculous."

Ryan Macdonald is the property owner. He said he was notified at 6 a.m. by Batavia PD that he needed to secure the crime scene. He said when he arrived there was no door into Morgan's room and the window had been removed. Both were taken by investigators as evidence.

Removing Morgan's personal effects wasn't easy, Macdonald said, but that everything that could be returned to them was returned (at the scene this afternoon there were accusations that items were missing and that Morgan's laptop was found in the room of one of the parolees arrested, but Batavia PD could not confirm that information).

"I hate to say this but everything else in that room was covered in blood," Macdonald said. "Everything that was a health hazard, we had to clean or throw out. We had to throw out the bed. I own the bed but we had to throw out the bed. The sister wanted to go into the room but we had to bleach everything and clean everything. I spoke with a hazmat company and they came out and looked at the room and saw the work we did and they said we did what we were supposed to do."

At the start of the interview, Macdonald expressed his condolences for the family. 

"It's unfortunate that someone has died," Macdonald said. "My heart goes out to all of the family. They have lost a son, a child, a father, a brother."

It's days like today that being a landlord is especially difficult, he said.

"We all make choices and I chose to be a landlord but on days like this, I hate being a landlord because no matter what I do people will be mad at me," Macdonald said. "But I believe people can change. I believe people can become better. And that's why we rent to parolees."

Michael Elmore being taken into custody for an alleged parole violation.

A male, whose identity is not being released yet, succumbed to injuries sustained during a fight at 111 Liberty St., Batavia, at 11:15 p.m., Tuesday.

Police are looking for a person who might be a suspect in the case.

The first officers on the scene found a male in one of the rooms at the residence and EMS was summoned. The victim died at the scene.

Officers obtained a suspect description and, with the assistance of the State Police K-9, searched the area for the suspect.

The police are not releasing that information while the investigation is pending.

The identity of the victim is not being released pending notification of relatives. His body was transported to the Monroe County Medical Examiner's Office where an autopsy will be conducted on Thursday. In a statement, police said more information about the investigation will be released after the autopsy is complete.

"Through our investigation thus far it is believed that this was not a random act of violence and that the suspect and victim knew each other," police said in a statement.

Anyone with any info regarding this incident is asked to call police at (585) 345-6350, information may also be submitted via the confidential tip line at (585) 345-6370.

A brawl involving several households is reported on Walnut Street in the city. Batavia PD are on scene at 18 Walnut St. because of the altercation. The location is near Walnut Place. A subject has a head injury.

UPDATE 7:35 p.m.: Mercy medics are responding, too.

UPDATE 7:42 p.m.: Command requests a second ambulance to the scene. Dispatchers call Alexander ambulance for an unknown injury.

UPDATE 7:51 p.m.: A patient has a hand injury but is refusing treatment, so Alexander is told to stand down.

UPDATE 7:59 p.m.: It is Le Roy's ambulance transporting a male from the scene to UMMC who has an obvious deformity to his nose and pain estimated to be a 7 out of 10 on a scale of 1 to 10.

Samantha L. Wroblewski, 29, of Medina, is charged with driving while impaired by drugs, DWI, criminal possession of a controlled substance, 7th, and moving from lane unsafely. Troopers were dispatched to a report of a property-damage accident on Route 33 in Stafford and Wroblewski was allegedly found asleep at the wheel with a hypodermic needle in her arm. Wroblewski allegedly admitted to possession of heroin and additional needles. She was arrested after failing to pass multiple field sobriety tests and she submitted to a chemical test.

Tyler Austin Stoddard, 23, of Meiser Road, Corfu, is charged with bail jumping, 3rd. Stoddard was located in Indian Falls and taken into custody. He allegedly failed to appear in Integrated Domestic Violence Court on Nov. 18. He was ordered held in jail.

Amanda K. Shufelt, 31, of Locust Street, Lockport, is charged with petit larceny. Shufelt allegedly stole merchandise from a gift shop at Darien Lake Theme Park.

Brandon L. Kenney-Westfall, 25, of Bergen, is charged with unlawful possession of marijuana. Kenney-Westfall was stopped by State Police at 8:18 p.m. Saturday in Bergen.

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

Barryanne Lee Marginean, 20, of Scenic Circle, Rochester, arrested for trespass and disorderly conduct after allegedly refusing to leave the concert venue area and then causing a disturbance while being taken into custody.  

Colin C. Brickwood, 18, of Murray Street, Mt. Morris, arrested for unlawful possession of marijuana after allegedly being found in possession of marijuana while in the venue parking lot.

Liam M. Gardner, 20 of Main Street, Mt. Morris, arrested for unlawful possession of marijuana after allegedly being found in possession of marijuana while in the venue parking lot.

Andres S. Hernandez Jr., 25, of Lewis Street, Rochester, arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Joseph T. Patterson, 20, of Belvoir Road, Williamsville, arrested for harassment, 2nd, after allegedly attempting to strike a Sheriff’s deputy.

Cynthia M. Mack, 51, of South Swan Street, Batavia, is charged with third-degree criminal possession of a weapon and second-degree criminal assault. She was arrested at 8 p.m. on July 20 on South Swan Street after she allegedly struck another person with an ashtray, causing injury. She was jailed without bail and was due back in City Court this afternoon (July 23). The case was investigated by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Nicole McGinnis.

Amy Marie Guiles, 47, of North Main St., Warsaw, is charged with second-degree harassment. The defendant was issued an appearance ticket following a report of a physical distrubance at an address on Route 19 in the Village of Bergen at 12:30 a.m. on July 7. The defendant allegedly struck the victim multiple times with closed fists. She is due in Town of Bergen Court on Aug. 15. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Katlyn Marie Buzzell, 18, of Burke Drive, Batavia, is charged with fourth-degree grand larceny. She was arrested at 2:17 p.m. on July 20 at a discount department store on Veterans Memorial Drive, Batavia. It is alleged that she stole property exceeding $1,000 while employed there. The case was investigated by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Chad Minuto.

Lisa Darline Ayres, 52, of Garfield Street, Newark, is charged with: felony DWI -- with two prior convictions with the last 10 years; felony DWI -- operating a motor vehicle while having a BAC of .08 percent or more; aggravated unlicensed operation in the firt degree; operating a motor vehicle without an interlock device; and refusing to take a breath test. Ayres was arrested following a traffic stop on McGregor Road in the Town of Darien at 11:06 p.m. on July 21. In addition, she is charged with: unsafe turn without signal; interferance with safe operation when passing on the left, and failure to yield the right on way on a left turn. She was arrainged in Town of Darien Court and jailed in lieu of $5,000 cash or $10,000 bond. Ayres is due in Town of Darien Court on July 24. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Christopher Parker.

Kaitlin Marie Penko, 22, of Ocean Reef, Willoughby, Ohio, is charged with: DWI; aggravated DWI with a BAC of .18 percent or more; failure to dim headlights; obstructed plate, stopping or standing on a highway. She was arrested at 11:35 p.m. on July 22 on Colby Road in Darien following an investigation into a vehicle stopped on the roadway. She was issued an appearance ticket and is due on Town of Darien Court on Aug. 21. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Kevin Forsyth.

Ricki Leigh Nersinger, 66, of Ireland Road, Brockport, is charged with DWI, operating a motor vehicle with a BAC of .08 percent or more, and following too closely. Nersinger was arrested after deputies responded to Route 5 in the Town of Pembroke at 10:22 p.m. on July 21 for a property damage accident. The defendant was issued an appearance ticket and is due in Town of Pembroke Court on Aug. 28.

Jonathan Chris Shirley, 36, of Council House Road, Tonawanda Indian Reservation, is charged with two counts of second-degree criminal trespass. Shirley was arrested at 6:29 a.m. on July 21 following the complaint of a trespasser at an address on Bloomingdale Road. The defendant allegedly entered a dwelling twice unlawfully without the property owner's permission. The defendant was arraigned in Town of Alabama Court and jailed in lieu of $2,500 cash or $5,000 bond. In addition, an order of protection was issued on behalf of the victim. The investigation was conducted by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Ryan Young, Deputy Eric Meyer and Investigator Chad Minuto.

Jessica L. Deridder, 30, of 160 State St., Batavia, is charged with resisting arrest. She was arrested, arraigned and jailed without bail at 10:20 a.m. on July 17. It is alleged that on Ellicott Street in Batavia she ran from a Batavia Police Officer, knowing she was wanted for another crime. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Frank Klimjack.

Andre L. Dupra, 49, of Rochester, was arrested by troopers out of SP Batavia at 10:55 p.m. on July 21. He is charged with DWI, refusal to take a breath test, aggravated unlicensed operation in the second degree, and numerous traffic violations. Troopers stopped Dupra on Swan Street in the City of Batavia for failing to yield to oncoming traffic, a loud muffler, and no passenger side headlight. While speaking to Dupra, the operator, troopers allegedly detected the odor of an alcoholic beverage. Dupra was placed under arrest after failing multiple SFSTs and transported to SP Batavia where he refused to provide a breath sample.
Dupra was arraigned in the City of Batavia Court and released on his own recognizance. Dupra is to return to the City of Batavia Court later in July.

Christina M. Kowalcyk, 48, of Fairway Drive, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 or more. She was arrested at 1 a.m. on West Main Street, Batavia. She was allegedly driving a vehicle that had a flat tire while she was intoxicated. A concerned citizen initially reported this to police. She was issued an appearance ticket and released. She is due in City Court on Aug. 8. The case was handled by Batavia Police Officer Matthew Wojtaszyzyk

Patricia L. Gertis, 58, of 48 Mt. View Drive, Arcade, is charged with petit larceny. She was arrested at 12:25 p.m. on July 21 at Tops Friendly Market in Batavia. She was issued an appearance ticket and is due in City Court July 24. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Frank Klimjack.

A 16-year-old resident of Oak Street in Batavia was arrested and charged with petit larceny at 3 p.m. on July 13. It is alleged that the youth stole money from a cash register while working at Walmart. The defendant is due in Batavia Town Court on July 30 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Travis DeMuth.

Jennifer Ann Roskey, 37, of South Main Street, Oakfield, is charged with second-degree criminal contempt. It is alleged that at 5:18 p.m. on July 19 on South Main Street in Oakfield that the defendant violated a mandate of the court -- a stay away order of protection. She was issued an appearance ticket. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Jason A. McFollins, 40, of Union Street, Batavia, was arrested on a bench warrant and arraigned in City Court at 8:15 a.m. on July 22. He was jailed on $1,000 cash or bond and was due back in City Court this afternoon (July 23). The case was handled by Batavia Police Officer Matthew Wojtaszyzyk.

Dekota Leiser, 26, of an unspecified address in Batavia, was arrested July 18 on a Wyoming Superior Court warrant after turning herself in at the Genesee County Jail in Batavia. She was transported back to Warsaw and put in Wyoming County Jail with no bail until the next court session for her arraignment. The case was handled by Wyoming County Sheriff's Office Investigator Aaron Anderson.

      Adam Brokaw

A Batavia man appeared in Genesee County Court this morning to answer to a sealed Grand Jury indictment charging him with attempted first-degree rape and first-degree sexual abuse.

Adam H. Brokaw, a resident of Northern Boulevard, is accused of attempting to have sexual intercourse with a person incapable of consent by reason of physical helplessness and subjecting that person to sexual contact in the City of Batavia.

The alleged incident reportedly took place at 2 a.m., Nov. 11, after a party at a residence on Northern Boulevard, Batavia.

Brokaw is a New York State corrections officer employed in Albion. 

Members of both Brokaw's family and the alleged victim's family were in court this morning for his arraignment before Judge Charles Zambito.

First Assistant District Attorney Melissa Cianfrini asked Zambito to set bail at $10,000.

Brokaw's attorney, Stephen Leonardo, argued that the 43-year-old defendant is not a flight risk because he's lived in Genesee County his entire life, except his service in the Navy, is married to his wife of 11 years and they have a juvenile daughter, and he is gainfully employed as a corrections officer.

Leonardo also noted that Brokaw appeared for his arraignment today voluntarily even though, by the nature of the investigation, he was well aware of the potential charges.

Zambito released Brokaw on his own recognizance.

His next scheduled appearance is at 9:15 a.m., Sept 25.

Officer Felicia DeGroot.

Press release:

On Monday, July 16, officers from the City of Batavia Police Department responded to the area of 11 Lehigh Ave. for a 9-1-1 hang-up call plotting to the general area. Upon arrival, officers found no signs of distress and checked the building located at 11 Lehigh Ave. for any signs of a disturbance.

Officers located an open door to the building and checked the interior to ensure that there were no problems inside the building itself or anyone in need of assistance. During the search of the interior of the building officers located a large make-shift aquarium that contained a 4-foot-long alligator.

Officers immediately notified the NYS Department of Environmental Conservation and EnCon Officer Wilson arrived on scene a short time later. The alligator was captured and turned over to EnCon Officer Wilson. It was determined that the 9-1-1 hang up call was not related to the found alligator.

Residents are reminded that the possession or sale of alligators and other dangerous animals is a violation of the New York State Environmental Conservation Law. Not only is it illegal to possess such an animal, but they are dangerous and should not be harbored by anyone without specific training and the appropriate licensing or permits.

If anyone has any information regarding this animal or knows of anyone harboring such a dangerous animal, they should contact the DEC Region 8 office at (585) 226-2466.

This investigation was turned over the DEC, any requests for further information should be directed to DEC Region 8 press contact Regina Willis at (585) 226-5324 or pressoffice@dec.ny.gov. 

Previously: Four-foot alligator found in vacant building on Lehigh Avenue

Officer Christopher Lindsay.

Tracy A. Battaglia, 47, of Ellicott Avenue, Batavia, is charged with owning an unlicensed dog and dog running at large. Battaglia was charged after her dog ran loose and bit another dog and two people attempting to intervene (initial report).

Thomas E. Brenkus, 50, of East Main Street, Batavia, is charged with forcible touching and first-degree sex abuse. Brenkus is accused of touching a female acquaintance by force for the purpose of sexual gratification. He was jailed without bail.

Cameron David Majewski, 19, of South Swan Street, Batavia, is charged with harassment. Majewski allegedly punched another person during a disturbance on South Swan Street at 1:30 p.m. March 25. He was jailed on $1,000 bail.

Kerry Ann Dudek, 43, of Fisher Road, Oakfield, is charged with petit larceny. Dudek is accused of stealing $54.63 worth of merchandise from Tops Friendly Market.

Darien L. Rhodes, 25, of Dellinger Avenue, Batavia, is charged with criminal obstruction of breathing, criminal possession of a controlled substance, unlawful imprisonment, menacing, 2nd, criminal possession of a weapon. Rhodes was charged following an incident reported at 1:09 a.m. July 12 at a location on Dellinger Avenue.

Deborah S. Rodriguez, 50, of Farnsworth Avenue, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Rodriguez was charged following an investigation into a disturbance on Pearl Street, Batavia, at 3 a.m. July 5, by Officer Matthew Wojtaszczyk.

Thomas A. Griffin II, 31, is charged with South Swan Street, Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Griffin is accused of trying to take a child out of the arms of another person and striking the person in the face in an incident reported at 4 p.m., Monday. Griffin was jailed on $2,500 bail.

Shawn Brent Springsteen, 53, of Fitchett Street, Poughkeepsie, is charged with criminal contempt, 1st. Springsteen was allegedly found in the presence of a person protected by a complete stay away order at 4:48 p.m. Wednesday at a truck stop on Route 77, Pembroke.

Andrea Marie Gray, 40, of Lake Street, Le Roy, is charged criminal mischief, 4th. Gray is accused of damaging property at 5130 E. Main St., Batavia, at 2:15 p.m. July 10.

Maurice Devon Doleman Sr., 49, of Killian Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, illegal signal, driver's view obstructed. Doleman was stopped at 11:07 p.m. Tuesday on Killian Road, Pembroke, by Deputy Eric Meyer.

Jacob Wyatt Klotzbach, 26, of Walnut Street, Batavia, is charged with petit larceny. Klotzbach is accused of stealing $22.67 in merchandise from Tops Friendly Market in Batavia.

Ryan D. Bell, 19, of Henrietta, is charged with unlawful possession of marijuana and driving a vehicle without an inspection certificate. Bell was stopped at 9:32 p.m. Wednesday on Route 77 in Darien by State Police. Also charged with unlawful possession of marijuana is Jason A. Batterson, 33, of Walworth.

Jennifer A. Roskey, 37, of Oakfield, is charged with menacing, 2nd, acting in a manner injurious to a child, and criminal possession of a weapon, 3rd. Roskey was charged following an incident reported at 8:23 p.m. Wednesday, at 39 S. Main St., Oakfield, by State Police. Roskey was ordered held on bail. No further information released.

Domonique T. Smith, 26, of Rochester, is charged with DWI, Felony DWI, endangering the welfare of a child, and driving while impaired by drugs. Smith was stopped at 2:03 p.m. June 27 on South Lake Road, Bergen, by State Police.

Trisha R. Santora, 35, of Batavia, is charged with conspiracy, 5th, grand larceny, 4th, and falsifying business records. Santora is accused of a theft at Home Depot reported at 1:37 p.m. Monday. Santora was arrested by State Police. No further details released.

Michael J. Piasta Jr. is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on March 25 at the Arby's restaurant in Batavia, located at 212 W. Main St., that the defendant forcibly stole property and in the course of the commission of a crime or in the immediate flight from it, he allegedly displayed what appeared to be a pistol, revolver or other firearm. In count two, he is indicted for third-degree grand larceny, a Class D felony, for allegedly stealing property on that date that had a value exceeding $3,000. In count three, Piasta is accused of criminal possession of a weapon in the third degree, a second Class D felony, for allegedly possession an imitation pistoal with the intent to use it unlawfully against another person. In Special Information filed by the District Attorney, Piasta is accused of having been convicted of: third-degree burglary, a Class D felony, on Dec. 20, 2010, in Genesee County Court; petit larceny, a Class A misdemeanor, on Sept. 7, 2010, in City of Batavia Court; attempted petit larceny, a Class B misdemeanor, on Jan. 18, 2011, in Town of Batavia Court; attempted failure to pay for service, based on stealth, a Class B misdemeanor, on May 1, 2002, City of Batavia Court; petit larceny again, on July 19, 2001, in City of Batavia Court; and criminal mischief in the fourth degree, a Class A misdemeanor, on April 5, 2001, in City of Batavia Court. These convictions form the basis for Count Three in the current indictment.

Lamont L. Crimes is indicted for the crime second-degree assault, a Class D violent felony. It is alleged that on May 28 in the Town of Elba that, with intent to cause physical injury to another person, Crimes caused injury to another person using a dangerous instrument -- a knife. In count two, the defendant is accused of the same crime involving a second victim.

Jaomi Delgado is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Dec. 20 in the City of Batavia that Delgado knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic -- cocaine -- and these were of an aggregate weight of one-half ounce or more.

Katelyn M. Bennett is indicted from the crime of driving while intoxicated as a Class E felony. It is alleged that on April 11 in the Town of Bergen that Bennett drove a 2011 Chevrolet on state routes 33 and/or 19 while intoxicated. In count two, she is accused of aggravated DWI, per se, as a Class E felony for allegedly having a BAC of .18 or more at the time. In counts three and four, the defendant is accused of criminal possession of a controlled substance in the seventh degree, Class A misdemeanors, for allegedly knowingly and unlawfully possessing, respectively, concentrated cannibas and alprazolam (Xanax). In count five, Bennett is accused of unlawful fleeing a police officer in a motor vehicle in the third degree, another Class A misdemeanor. It is alleged in count five that she knew she had been directed to stop by a police officer or marked police vehicle and she attempted to flee at speeds which equaled or exceeded 25 mph above the speed limit, or she engaged in reckless driving (VTL 1212). In Special Information filed by the District Attorney, Bennett is accused of having been convicted of operating a motor vehicle while impaired by drugs, as a misdemeanor, on Dec. 20, 2011, in the Town of Gates and that conviction was within 10 years of the crimes alleged in the current indictment.

Brent J. Chapman is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on May 11 in the Town of Le Roy that Chapman drove a 2006 Lincoln on I-90 while intoxicated. In Special Information filed by the District Attorney, the defendant is accused of having been convicted for misdemeanor DWI on March 8, 2016, in the Town of Greece, and that convicted is within 10 years of the crime alleged in the current indictment.

Paul D. Fields Jr. is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Feb. 7 in the Town of Pembroke that Fields drove a 2002 Saturn eastbound on Indian Falls Road while intoxicated. In count two, he is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 or more at the time. In count three, Fields is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time. In Special Information filed by the District Attorney, Fields is accused of having been convicted of DWI on April 10, 2006, in City of Batavia Court. That conviction forms the basis for Count Three of the current indictment.

Carl Bruce James Miller, 26, of Attica Road, Darien, is charged with DWI, leaving the scene of a property damage accident, and failure to keep right. Miller was charged following an investigation by Deputy Ryan Young into a rollover accident reported at 2 a.m. Sunday on Harper Road, Darien. There were two occupants in the vehicle at the time and were transported to ECMC for evaluation of minor injuries.

A 17-year-old resident of County Line Road, Darien, is charged with unlawful dealing with a child. At 3:41 a.m. on July 7, deputies responded to County Line Road, Darien, to investigate a report of an intoxicated male trespassing on a residential property. The youth charged was later accused of hosting a party at his residence where he provided alcohol to individuals under age 21. 

Nathan Adam Millar, 30, of Church Street, Alexander, is charged with harassment, 2nd. Millar allegedly struck another person during a disagreement.

Roy Watson Jr., 29, of Bank Street, Batavia, is charged with a criminal possession of a controlled substance, 7th. Watson was allegedly found in possession of a small quantity of cocaine at 2:30 a.m. Sunday at a location on Main Street, Le Roy.

Michael Arthur Brade, 34, of Olyn Avenue, of Batavia, is charged with sex offender failure to report change. Brade, a Level 3 sex offender, is accused of creating a new email account and not notifying authorities within 10 days. Batavia PD opened an investigation after being alerted by a parole officer.

Matthew I. Diers, 34, of West Main Street, Batavia, is charged with sex offender failure to report change. Diers, a Level 2 sex offender, is accused of creating a Facebook account and email address and failing to report it to authorities within 10 days. Batavia PD was alerted to the accounts by a parole officer.

The following people were arrested by the Genesee County Sheriff’s Office during the Lynyrd Skynyrd Concert at Darien Lake Performing Arts Center on Friday:

Stuart M. Thorp, 41, of Magnolia Crescent, Grimsby, Ontario, Canada, arrested for criminal trespass, 3rd, after allegedly reentering the concert venue after having been ejected and told not to return. Thorp was arraigned in Darien Court and jailed in lieu of $1,500 bail.

Andrew G. Lehmann, 30, of Prospect Street, Attica, arrested for disorderly conduct after allegedly flipping over benched outside the concert venue.  Andrew was arraigned in Darien Court and released on $150 bail.

Chad R. Carrington, 25, of Marcy Place, Bronx, arrested for false personation after allegedly providing a false name to deputies. 

Pasquale A. Damato, 43, of Kinsley Road, Elma, arrested for harassment, 2nd, after allegedly punching a female in the face.

Christine M. Kroger, 52, of Barks Road, Caledonia, arrested for trespass after allegedly reentering the concert venue after being ejected and told not to return. 

From the New York State Police:

On Tuesday, July 10, at 5:25 p.m., Troopers out of SP Batavia arrested Becky L. Frens, 56, of Batavia, for overdriving, torturing and injuring an animal; failure to provide proper sustenance.

Troopers were dispatched to the Genesee County Animal Shelter in the Town of Batavia at the request of animal control officers.

Frens arrived at the animal shelter to claim a dog that was previously located the day before. The dog was in very poor health with multiple issues caused by neglect.

The dog was diagnosed with multiple skin infections, mange, double ear infections, and had uncut nails so long that the dog could not walk.

The dog was left in the care of the Genesee County Animal Shelter and Frens was arrested and processed at SP Batavia.

Frens was issued an appearance ticket returnable to the Town of Batavia Court for later this month.

    

(name redacted upon request; defendant granted youthful offender status, 19, of East Main Street, Le Roy, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

xxxx is accused of selling a controlled substance to an agent of the Local Drug Task Force on two occasions.

He was arrested on a warrant during a traffic stop in the Town of Batavia.

He was arraigned this morning in Genesee County Court and released under supervision of Genesee Justice.

 

 

Jason F. Cole, 44, of Quaker Hill Road, Elba, is charged with rape (intercourse by forcible compulsion), second-degree rape, second-degree criminal sexual act, and second-degree strangulation. Cole is accused of engaging in sexual intercourse and oral intercourse with a person less than 15 years old on numerous occasions. He was jailed on $50,000 bail. The investigation was conducted by Investigator Joseph Loftus and Deputy Howard Carlson.

Joseph Michael Tornabene, 26, of Dellinger Avenue, Batavia, is charged with criminal contempt, 2nd, and criminal mischief, 4th. Tornabene is accused of violation of a no-offensive conduct order of protection. He was allegedly involved in an incident where he damaged property in the presence of the protected person. He was jailed on $2,500 bail.

The arrest of White and Wozniak by Batavia PD officers Klimjack and Catherine Mucha on Friday. (Photo by Howard Owens.)

Keith R. White, 46, of Oliver Street, North Tonawanda, and Jeffery P. Wozniak, 49, of 79th Street, Niagara Falls, are charged with petit larceny, conspiracy, 6th, and criminal possession of stolen property, 5th. White and Wozniak are accused of stealing $985.27 in merchandise from Tops Friendly Market at 11:54 a.m. Friday, including steaks, lobster, shrimp, a roast, and several household items. They are also accused of stealing merchandise from Walmart in Batavia. Both suspects were issued appearance tickets. The case was investigated by Officer Catherine Mucha and Officer Frank Klimjack. White is also charged with third-degree burglary and fourth-degree grand larceny. White was arrested by Deputy Travis DeMuth in connection with the alleged Walmart theft. On that charged, he was arraigned and ordered held without bail. (see previous)

Juaquin Enriquo Davis, 23, of Milton Street, Rochester, is charged with violating an order of protection, obstruction of governmental administration, and resisting arrest. Davis was arrested following an investigation into a dispute reported at 12:25 a.m. Thursday on Thomas Avenue, Batavia, by Officer Peter Flanagan. He was jailed on $5,000 bail or $10,000 bond.

Treyvaun T. Filbert, 23, of Walnut Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and following too closely. Filbert was stopped at 1:05 p.m. June 29 on West Main Street, Batavia, by Officer Matthew Wojtaszczyk.

Nicole L. Matia, 43, of Liberty Street, Batavia, is charged with trespass. Matia allegedly entered a neighbor's home and refused to leave when asked.

Bleyke Z. Culver, 21, of Batavia, is charged with criminal contempt, 2nd. Culver allegedly violated a stay away order of protection during a disturbance on Maple Street at 9:34 p.m. on July 5.

Ronnie Joe Flinchum, 59, of East Main Street, Batavia, is charged with assault, 3rd. Flinchum was allegedly involved in an incident at his residence on East Main Street at 3:45 a.m. on July 1. He was ordered held on $1,000 bail.

Pavel V. Yefremenko, 30, of Walnut Street, Batavia, is charged with criminal mischief, 4th. Yefremenko allegedly damaged property belonging to a woman he knew at 7:47 a.m. on July 4.

Erica M. Raphael, 33, of Pratt Road, Batavia, is charged trespass. Raphael allegedly entered a local business on East Main Street, Batavia, after being previously banned.

Sath Paul Dhanda, 38, of Clapsaddle Road, Bethany, is charged with criminal trespass and endangering the welfare of a child. Dhanda allegedly entered the residence of a person he did not know on Swan Street at 6:08 p.m. on July 2. He was jailed on $5,000 bail. Dhanda is also charged with second-degree harassment for allegedly spitting on another person at 7:24 p.m., July 2.

Iszon C. Richardson, 18, of Lewis Place, Batavia, is charged with harassment, 2nd. Richardson was arrested on a warrant by members of the Local Drug Task Force and jailed without bail. 

Michael Alan Shetler, 28, of Judge Road, Oakfield, is charged with criminal contempt, 2nd. Shetler allegedly violated a stay away order of protection at 10:41 p.m. Sunday in Oakfield. He was jailed on $2,500 bail.

Kelly Patrick DiMatteo, 34, of Byron Holley Road, Byron, is charged with felony DWI, refusal to take a breath test, failure to keep right, and moving from lane unsafely. DiMatteo was reportedly involved in a single-vehicle accident on Lyman Road, Byron, at 8:14 p.m. on July 4. He was jailed on $10,000 bail or $20,000 bond. The accident was investigated by Deputy Andrew Mullen.

Ronald G. Metz, 69, of Lewis Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to signal, and failure to keep right. Metz was arrested following a complaint of an erratic driver at 4:51 p.m., June 29, by Investigator Christopher Parker.

Becky L. Frens, 56, of Batavia, is charged with torture to an animal (not feeding). Frens was arrested by State Police in relation to an incident reported at 3 p.m., Tuesday, in the Town of Batavia. Frens was issued an appearance ticket. No further details released.

Frank R. Cratsenberg, 57, of Akron, is charged with trespass and petit larceny. Cratsenberg was arrested in connection with an incident reported at 3:26 p.m., June 11, in the Town of Alabama. He was arraigned and ordered held in jail. He was arrested by State Police. No further details released.

Ryan Bartholomew, 24, of Batavia, is charged with unlawful possession of marijuana. Bartholomew was stopped by State Police at 10:25 p.m. Sunday by State Police at the Batavia Thruway interchange.

Two young males reportedly fled Le Roy Dry Cleaners headed toward Main Street on foot after swiping the complainant's electronic cigarette about 10 minutes ago.

The youths are possibly Hispanic, both wearing shorts, and said to be between 8 and 14 years of age.

The dry cleaning business is located at 11 Mill St. Police are responding to the area to look for the boys. The complainant is at the dry cleaners.

Three people were taken into custody around noon at Park and Oak, Batavia, after being stopped as shoplifting suspects.

Charges are pending and their names have not yet been released but police said they recovered a cache of goods allegedly stolen from Tops Friendly Market and Walmart.

The groceries from Tops included, officers said, steaks, lobster, shrimp, a large roast, gluten-free pizza, and several household items, including toilet paper.

The items recovered that appeared to be stolen from Walmart included archery bows.

The suspects appear not to be local residents.

A caller had followed the red van from Tops until police initiated a traffic stop at Park and Oak. The caller reported observing the driver of the red van pounding the steering wheel in an apparent realization they had been caught.

Police are still investigating and will release more information later.

The following people were arrested by the Genesee County Sheriff’s Office during the Logic Concert at Darien Lake Performing Arts Center on Tuesday:

Devon R. Westerfield, 18, of Franklin Street, Penn Yann, arrested for unlawful possession of marijuana after allegedly being found in possession of a baggie of marijuana while in the venue parking lot. 

A 17-year-old resident of Grove Street, Buffalo, arrested for harassment, 2nd, after allegedly shoving a Live Nation employee inside the venue.

Steven L. Pufpaff, 18, of Windham Court, Grand Island, arrested for unlawful possession of marijuana after allegedly being found in possession of a bag containing marijuana while in the venue parking lot.

Krista R. Smith, 27, of Cronk Road, Wallkill, arrested for unlawful possession of marijuana after allegedly being found in possession of marijuana while entering the concert venue.

A 17-year-old resident of Ferndale Road, Williamsville, arrested for disorderly conduct after allegedly causing a disturbance in the concert parking lot after the concert ended.

Sabrina T. Ramsey, 46, of Mt. Vernon Road, Snyder, arrested for trespass after allegedly reentering the concert venue after being ejected and told not to return.

Amanda G. Wolfe, 25, of Burke Park, Buffalo, arrested for criminal possession of marijuana, 4th, after allegedly being found in possession of more than two ounces of marijuana. 

Michael P. Stutzman, 27, of Lakewood Avenue, Hamburg, arrested for DWI and driving with a BAC of .08 percent or more after allegedly being involved in an accident in the concert parking lot.