crime

A 16-year-old resident of Oak Street in Batavia accepted a plea deal this afternoon that could result in a term of one-and-a-third to four years in prison.

Lionel J. Anderson Jr. was facing a Class D violent felony count of second-degree assault stemming from an altercation on Highland Park, Batavia, during the evening of Nov. 28. The charge was downgraded today under a plea agreement, offered for Judge Charles Zambito's consideration, to a non-violent Class E felony of attempted second-degree assault.

The Oklahoma native, who finished the 10th grade of high school, accepted responsibility in Genesee County Court this afternoon for injuring a 13-year-old victim who was slammed to the ground, face first, then struck in the face, twice; the injuries stemmed from contact with a "metal belt buckle and/or curb."

Zambito ordered a pre-sentencing investigation, and sentencing is scheduled for 9:15 a.m. on May 21. Meanwhile, Lionel remains in custody on $25,000 bail.

It was unclear if other charges initially filed in the case are still pending in Batavia City Court -- one count of harassment and two counts of endangering the welfare of a child.

Lionel's attorney, Michael Locicero, asked if the plea agreement would resolve any pending charges.

District Attorney Lawrence Friedman said he could not agree "sight unseen" that additional charges pending for Locicero's client would be satisfied by the plea agreement at hand. But the DA did pledge that the plea satisfies all charges for the defendant in this case, involving this victim, pertaining to the Nov. 28 incident.

Lionel -- handcuffed, wearing faded orangish sweat pants, a bright orange jail shirt, long-sleeved thermal undershirt, white socks and tan slides -- fidgeted as Zambito explained what the plea meant. Slightly built and about 5'7", he answered "yes," softly, when asked if he understood the terms.

Local law enforcement and county coroners are on scene at the Log Cabin Restaurant in Indian Falls.

A report of shots fired there was dispatched at about 11 p.m.

The road is blocked and no one is being admitted. The location is 1227 Gilmore Road.

As of 11:50 p.m., a county coroner was allowed in and other responding medical personnel were told to leave.

At about 11:58 p.m. a second county coroner arrived.

UPDATE 12:07 a.m.: First District Attorney Melissa Cianfrini just arrived on scene.

UPDATE (By Howard) 1:24 a.m.: Undersheriff Greg Walker has confirmed that a deputy shot and killed an armed suspect after the man turned and pointed his gun at him outside the Log Cabin Restaurant. (Story)

Jordan S. Thomas, 19, of Elm Street, Batavia, is charged with criminal contempt, 2nd. Thomas allegedly violated an order of protection by allowing the protected party to stay at his residence for several hours on Monday. Thomas was jailed on $1,000 bail.

Octavio Michael Tardy, 52, of Walnut Street, Batavia, is charged with harassment, 2nd. Tardy allegedly shoved another person during an argument at 1:22 p.m. March 25 at a location on Main Street, Batavia.

Amy M. Gasper, 45, of Webster, is charged with petit larceny. Gasper is accused of a theft in the Town of Batavia at 9:53 a.m. on April 4. She was arrested by State Police on Tuesday. No further details released.

Serena L. Snyder is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that she did not appear personally on Sept. 26 in Genesee County Court as ordered after having been released from custody on the condition she would do so, nor did she voluntarily appear in court within 30 days thereafter. She was to appear in court in connection with an unspecified felony charge against her.

Steven Obara is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 8 in the Town of Pembroke that Obara drove a 2007 Jeep on Route 33 while he was intoxicated. In Special Information filed by the District Attorney's Office, Obara is accused of having been convicted of driving while intoxicated, as a misdemeanor, on Feb. 1, 2011 in the Town of Elma in Erie County. That conviction was within 10 of the commission of the crime alleged in the current indictment.

      Jonathan Balaz

Jonathan P. Balaz, 41, of East Main Street, Batavia, is charged with falsely reporting an incident, 2nd. Balaz is accused of pulling the fire alarm at DePaul Properties, 555 E. Main St., Batavia, at 4:37 p.m. Friday when there was no fire or another emergency. (Balaz was recently arrested on two similar accusations.)

Rachael Marie Lochner, 23, of Janice Drive, Rochester, is charged with: felony DWI (driving drunk with a child less than 16 in the vehicle); driving with a BAC of .18 or greater; failure to keep right; and moving from lane unsafely. Lochner was involved in an accident on South Street Road, Pavilion, at 1:41 p.m., April 4. Her vehicle reportedly left the roadway and struck two fences, causing property damage, to two other vehicles and a building. The accident was investigated by deputies Andrew Mullen and Kevin McCarthy.

Rueben O. Walker, 33, of Ellicott Street, Rochester, is accused of criminal possession of stolen property, 4th, and criminal impersonation, 2nd. Walker is accused of using a debit card belonging to another person, claiming he knew the person but did not have permission to possess or use the card. He was jailed without bail.

Shaquille Levon Davis, 25, of Main Road, Stafford, is charged with criminal mischief, 4th. Davis allegedly damaged a door during an argument at a residence on Highland Park at 2:45 p.m., Thursday. He was ordered held on bail.

Robert D. Griffin Sr., 39, no listed address, is charged with criminal contempt, 2nd. Griffin is accused of violating an order of protection at a location on Manhattan Avenue at 7:50 p.m. Saturday.

Antonio M. McKinney, 43, of Gibson Street, Buffalo, is charged with DWI. McKinney was arrested after Officer Christopher Lindsay responded to Speedway at 4:24 p.m. Saturday to investigate a report of a larceny. Upon investigation, it was determined that McKinney allegedly drove to Speedway in an intoxicated condition. He was jailed without bail.

Kevin Angel Rivera, 23, of Richmond Terrace, Staten Island, is charged with harassment, 2nd. Rivera is accused of pushing another person and punching that person in the face during an argument at College Village at 4 p.m. Sunday.

Patrick S. Rumble, 31, of Hutchins Place, Batavia, is charged with harassmen,t 2nd, unlawful imprisonment, 2nd, and criminal mischief, 4th. Rumble allegedly pushed another person multiple times and prevented that person from leaving a residence and from contacting emergency dispatch during an incident at 4:11 p.m. Wednesday at a location on Hutchins Place, Batavia.

A 17-year-old resident of Hutchins Place is charged with trespass. The youth allegedly entered a residence on Hutchins Place at about 4 p.m. Wednesday after being told to stay away from that residence.

Arnold John Oberlander Jr., 54, of South Pearl Street, Oakfield, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Oberlander was stopped at 8:29 a.m. Thursday on the I-490 in Le Roy by Deputy Matthew Bailey.

Two men who reportedly led law enforcement in Livingston County on a chase and were later spotted by a deputy in Genesee County allegedly tried to flee on foot after a one-vehicle car crash at Route 262 and Bank Street Road in Byron at 4 a.m.

Their effort led to a manhunt, joined by Deputy Chris Erion and K-9 "Destro." As a result, both men required treatment at UMMC for dog bites, according to Chief Deputy Joseph Graff.

One of the men apparently had a prior stomach injury and was reportedly throwing up blood at the scene. As of this afternoon, he was still a patient at UMMC. The other man, Michael Collier, 45, of Rochester, was arraigned this morning on charges of criminal possession of stolen property, fleeing a police officer, 3rd, reckless driving, and aggravated unlicensed operation, 3rd.

Charges are pending against the man still in the hospital.

Graff said the incident started after Sheriff's dispatch was notified of a chase in Livingston County.  

A deputy spotted a vehicle matching the description of the Livingston County vehicle but did not initiate a chase. Instead, the deputy followed the vehicle.

It crashed at Bank Street Road and Route 262 in Byron and the occupants tried to flee. 

Erion and Destro were dispatched to the scene. One subject was captured quickly and the other remained on the loose for a little while. When each of the subjects was found, Destro initiated a bite and hold to help incapacitate them so they could be taken into custody.

Graff said the bite injuries were not serious.

UPDATE Friday, 10 a.m.: Additional information has been released by the Sheriff's Office. The suspects were pursued in Livingston County after a report that they were involved in a theft of merchandise from a department store in Geneseo. It was Deputy Jeremy McClellan who first observed their vehicle on Route 5 in the Town of Batavia. The suspects fled and crashed at Route 262 and Bank Street Road. State Police and Batavia PD assisted in the search of the area. Collier's passenger has been identified as Gary L. Weese, 44, of West Avenue, Medina. He is being charged with criminal possession of stolen property in the 5th degree. He remains hospitalized for health issues unrelated to the incident. Bail for Collier was set at $50,000.

(Initial Report)

Several law enforcement units are on scene at Route 262 and Bank Street Road in Byron and looking for a suspect who fled on foot following a chase.

A missing "gun alert" has been issued; officers found an ammunition clip in the suspect vehicle but a gun is nowhere to be found.

We do not know what prompted the initial chase.

A second suspect is in custody and is thought to be throwing up blood; "he has had several stomach surgeries." Mercy medics are called to the scene to evaluate the patient.

UPDATE 4:28 a.m.: Medics are called to evaluate a second patient who has been bitten by a dog.

UPDATE 4:49 a.m.: Two patients are transported to UMMC.

Press release:

The Batavia Police Department is currently investigating the passing of counterfeit $50 bills throughout the area. It is recommended that anyone receiving a $50 bill use extra caution to check its authenticity. The counterfeit bills are very sophisticated and will pass the marker test that most businesses use.

They do have reoccurring fraudulent features that make them identifiable, such as a penciled in security strip on the reverse and a faintly penciled in face on the right side of the obverse (side of the currency note with the head of Grant). They are also missing the microprint security features due to blurring.

If anyone receives a counterfeit or suspected counterfeit bill, or has information in reference to the case please contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

Derek J. Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 1st. Wert is accused of violating an order of protection by making contact Sunday with the protected person at the person's residence. Wert was arraigned and jailed without bail.

Austin Kendrick Vogt, 20, of Fairway 6, Macedon, is charged with criminal mischief, 4th. Vogt allegedly broke a mirror in a bathroom at College Village at 7 p.m. Sunday.

Faith Marie Greene, 21, of Canterbury Lane, Tonawanda, is charged with unlawful possession of marijuana and speeding. Greene was stopped at 3:20 a.m. Saturday on Route 77 in Darien by Deputy Eric Meyer.

Andrew Gerard Jones, 54, of Attridge Road, Churchville, is charged with DWI, driving under the influences of drugs and alcohol, refusal to take breath test, and speeding. Jones was stopped at 12:26 p.m. Saturday on Pearl Street Road, Batavia, by Sgt. John Baiocco.

Walter Bernard Hale Jr., 40, of East Avenue, Batavia, is charged with criminal contempt, 2nd. Hale is accused of posting pictures online of a person under the protection of a court order.

      Keith Kendrick        Denzel Hall

Members of the Local Drug Task Force along with Batavia PD Emergency Response Team busted in on a residence at 133 State St., Batavia, on Thursday night to execute a search warrant and as a result, they say they found six people engaged in narcotics activity inside an apartment at that location.

According to the press release, local law enforcement recovered from the scene a quantity of crack cocaine, methamphetamine, marijuana and drug paraphernalia.

Two of the six people found in the apartment were charged with possession of narcotics with the intent to sell and the tenant of the apartment was accused hosting the drug activity.

Keith R. "Sosa" Kendrick, 26, of Viola Drive, North Chili, and Denzel T. Hall, 25, of Stenwick Drive, Rochester, were both charged with two counts each of criminal possession of a controlled substance, 3rd.

Donna M. Fidanza, 48, of State Street, Batavia, was charged with criminal nuisance in the first degree.

Also arrested were Heath D. Snyder, 47, of Abbott Road, Orchard Park, charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Joseph M. Marranco, 47, of Pringle Avenue, Batavia, was charged with criminally using drug paraphernalia, 2nd, and unlawful possession of marijuana. Madalyn R. Muntz, 32, of Evans Street, Batavia, was charged with criminally using drug paraphernalia, 2nd, and criminal possession of a hypodermic instrument.

Kendrick and Hall were arraigned in City Court and ordered held on bail.

Robert R. Greiner III is indicted for the crime of second-degree assault, a Class D felony, for allegedly recklessly causing serious physical injury to another person by means of a dangerous instrument -- a motor vehicle -- on June 3 in the Town of Darien. In count two, he is accused of second-degree vehicular assault, a Class E felony, for allegedly operating a 2015 Nissan on Route 77 while intoxicated on June 3 in Darien, causing serious physical injury to another person. In count three, he is accused of another instance of second-degree vehicular assault for having a BAC at the time of .08 or greater while operating the Nissan in a manner that caused serious physical injury to another person.

Alberto G. Santos is indicted for the crime of criminal possession of a weapon in the second degree, a Class C felony. It is alleged that on Feb. 4 in the Town of Le Roy that Santos possessed a loaded firearm -- a Sig Sauer Model SP2022. In count two, he is accused of criminal possession of stolen property in the fourth degree, a Class C felony, for allegedly knowingly possessing stolen property -- consisting of one or more firearms, rifles and shotguns.

Syjesman T. Brown 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 Oct. 8 in the Town of Le Roy that Brown possessed the narcotic drug heroin with intent to sell it.

Leaha R. Wimmer is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Sept. 16 in the Town of Darien that Wimmer stole a Citizens Bank debit card. In count two, she is accused of the same crime involving a Bank of America Visa debit card on Sept. 19, also in Darien.

Jonathan P. Balaz, 41, of East Main Street, Batavia, is charged with falsely reporting an incident, 2nd. Balaz is accused of intentionally pulling a fire alarm at the DePaul Housing Complex on East Main Street at 12:43 p.m. Wednesday causing an emergency response by Batavia fire when there was no emergency. He is also accused of the same crime, with the same charge, at 9:17 p.m. Friday.

Dawn M. Orlando, 48, of Wood Street, Batavia, is charged with harassment, 2nd. Orlando is accused of hitting another person in an incident reported at 12:30 p.m. March 25.

Marcus L. Speed, 30, of Hawthorne Court, Elmira, was arrested on a warrant for alleged failure to appear on an appearance ticket. He was jailed on $1,000 bail.

Walter B. Hale Jr., 40, of East Avenue, Batavia, was arrested on a warrant related to a charge of criminal contempt, 2nd. He posted bail and was released.

Cathleen Joan Mills, 48, of Route 333, Campbell, is charged possessing for sale or transport more than 10,000 unstamped cigarettes. Mills was charged as a result of an investigation by Deputy Robert Henning of a report of a person buying a large quantity of cigarettes.

Luis Gabriel Lopez, 21, of 7 Fairway St., Macedon, is charged with criminal possession of marijuana, 3rd. Lopez was charged after he was allegedly found in possession of marijuana with an aggregate weight of more than eight ounces during a vehicle checkpoint at 4:59 p.m. Saturday on Route 33, Bergen, by Deputy Matthew Bailey and Deputy Ryan DeLong.

Curtis Rashaad Beaty, 20, of Winbourne Road, Rochester, is charged with aggravated unlicensed operation, unlawful possession of marijuana, and driving without a valid vehicle inspection. Beaty was charged following a stop by Deputy Ryan DeLong and Matthew Bailey at a vehicle checkpoint at 4:59 p.m. Saturday on Route 33.

Dartanyon A. Robinson, 47, of Rochester, is charged with driving under the influence of drugs, driving without an interlock device, aggravated unlicensed operation and speeding. Robinson was stopped at 7:39 a.m. Friday on the Thruway in the Town of Batavia by State Police.

Bradley W. Polle, 40, of Spencerport, is charged with criminal contempt, 1st. Polle was arrested by State Police in Bethany.

David J. Zauner, 50, of Darien Center, is charged with grand larceny, 3rd, falsifying business records, and filing a false instrument. Zauner was arrested by State Police. No further details released.

Benito Hernandez-Vega, 37, of Le Roy, is charged with felony driving under the influence of drugs, felony aggravated DWI with a child in the vehicle, and endangering the welfare of a child. Hernandez-Vega was stopped at 1:14 p.m. Wednesday on Route 5 in Stafford by State Police.

A caller reports a 14-year-old girl is throwing rocks at geese at the DeWitt Recreation Area in Batavia.

Batavia PD dispatched.

The case of Beniluis Ruiz, the former Pavilion resident whose sex abuse conviction was overturned on appeal, was continued until April 27 in Genesee County Court this morning. The continuation will give Ruiz time to decide whether he will hire a private attorney to represent him or ask the Public Defender's Office to handle his case.

Ruiz's 2015 conviction was overturned and a new trial ordered after an appeals court found that some parts of an expert witness's testimony was used in a way that implied guilt rather than simply explained the typical actions and responses of child sex abuse victims and perpetrators. 

Assistant District Attorney Kevin Finnell, who prosecuted Ruiz the first time around, told Judge Charles Zambito that if the case were to go to trial, the people are ready for trial.

When the appeals court overturned Ruiz's conviction, the court also ordered Ruiz be released from prison. He was serving the final few months of a four-year term imposed by then-Judge Robert C. Noonan. 

Prior to sentencing in 2015, Ruiz was out of jail under supervision of Genesee Justice. Today, Zambito returned Ruiz to the supervision of the agency and issued a new order of protection for the alleged victim in the case.

At his 2015 sentencing, Ruiz maintained he did not commit a crime.

Nicole R. Elmore, 29, of Jackson Street, Batavia, was arrested on a warrant for alleged failure to appear. She was jailed on $500 bail.

Dilek Kahraman Mehmet, 42, of Meadowbrook Road, Rochester, was arrested on a warrant for alleged failure to appear on traffic tickets, including aggravated unlicensed operation, 3rd. He was jailed on $250 bail.

Anthony L. Vanelli, 40, of Thorpe Street, Batavia, was arrested on a warrant for alleged failure to appear. He was ordered held on bail.

Javaris A. Owens, 24, of Rochester, is charged with unlawful possession of marijuana and speeding. Owens was stopped at 3:19 p.m. Monday on Route 33 in Stafford by State Police.

A subject armed with what appeared to be a firearm, according to Batavia PD, entered Arby's on West Main Street, Batavia, at about 11 p.m. Sunday and demanded money from employees.

The perpetrator then fled the area with cash obtained during the robbery. 

Police said no further information is being released at this time due to the ongoing investigation.

Anyone with information in reference to the case may contact Detective Matthew Wojtaszczyk at (585) 345-6357 or the Batavia Police Department at (585) 345-6350.

 

 

The 2015 conviction of a Pavilion man on sexual abuse charges has been thrown out on an appeal because of what the court deemed the improper use of testimony by an expert witness.

The State Supreme Court, Appellate Division, Fourth Judicial Department, ordered that Beniluis Ruiz receive a new trial on counts of first-degree sexual abuse, two counts of criminal sexual act in the third degree, as well as five other counts in his original indictment.

The court ordered Ruiz released from prison last week, about nine months shy of his scheduled release on his four-year prison term. He's scheduled to appear in Genesee County Court on March 30 for further proceedings in his case.

Ruiz was convicted following a jury trial in 2015. At his sentencing before Judge Robert C. Noonan, now retired, Ruiz maintained he was innocent.

In the trial, Assistant District Attorney Kevin Finnell called on an expert witness to testify about the symptoms commonly exhibited by children who have been sexually abused.

That testimony would explain to a jury some of the seemingly contradictory behavior of a child who has been sexually abused. For example, they won't necessarily tell a mother immediately, or they might recant statements later -- what the court referred to as admissible evidence regarding a "pattern of secrecy, helplessness, entrapment [and] accommodation."

This expert, however, also testified about a perpetrator's conduct, which the court found was used to point to the defendant's guilt rather than as just an explanation of conduct.

"The expert explained 'grooming' and other behaviors associated with perpetrators of child sexual abuse," the court stated in its ruling. "Her detailed description of a typical perpetrator’s modus operandi, moreover, closely tracked the victim’s testimony concerning defendant’s conduct, and the prosecutor on summation urged the jury to conclude that defendant’s interactions with the victim fit the description of a typical perpetrator’s conduct as described by the expert.

"In sum, that part of the testimony of the expert describing the conduct of a typical perpetrator was not directed at explaining the victim’s behavior. Rather, it was presented 'for the purpose of proving that the [victim] was sexually abused.' "

Matthew Scott Williams, 30, of Hundredmark Road, Elba, is charged with criminal possession of criminal property, 5th, and falsifying business records, 2nd. Williams is accused of selling another person's property at Pawn King in Batavia. He was arraigned and released under supervision of Genesee Justice.

Latiqua S. Jackson, 24, no permanent address, was arrested on a warrant for alleged failure to comply with a court-ordered program. Jackson was jailed without bail.

A 17-year-old resident of Walnut Street, Batavia, is charged with criminal possession of marijuana and criminal use of drug paraphernalia. The youth was arrested at 11:26 p.m. Sunday on Main Street, Batavia, by Officer Mitchell Cowen.

Jacqueline M. Biglow, 55, of Prune Street, Batavia, is charged with dog running at large. Biglow was charged after police were dispatched to Prune Street at 4:54 p.m., Monday, for a report of an aggressive dog running at large in the area.

Jeremy S. LaCarte, 40, of Kibbe Avenue, Batavia, was arrested on a warrant for alleged failure to comply with court conditions. LaCarte posted bail and was released.

Roseann Cooper, 48, of Pearl Street, Batavia, is charged with petit larceny. Cooper is accused of shoplifting at Tops Friendly Market in Batavia. She is accused of concealing $33.54 worth of merchandise in her purse and leaving the store without paying.

A 16-year-old resident of Gilbert Road, Bergen, is charged with endangering the welfare of a child. The youth is accused of hosting a party at 9:55 p.m. Friday at his residence where he was serving alcohol to people under age 21.

Tyler Lee Walls, 21, of Upper Holley Road, Holley, is charged with aggravated unlicensed operation, 3rd, and criminal possession of marijuana, 4th. Walls was stopped at 8:21 p.m. Friday on Holley Byron Road, Byron, by Deputy Christoper Erion and K-9 "Destro."

James Andrew Douglas, 67, of Alger Street, Rochester, is charged with DWI, refusal to take a breath test, and speeding. Douglas was stopped at 2:13 a.m.,Saturday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Tyler John Henderson, 29, of Maple Avenue, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Henderson was stopped at 1:07 a.m. Saturday on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

   Joseph Tornabene

Joseph M. Tornabene, 26, of Dellinger Avenue, Batavia, is charged with third-degree assault, aggravated criminal contempt, fourth-degree criminal mischief, and second-degree robbery. Tornabene is accused of physically attacking a woman during a violent domestic dispute, causing injuries. He is also accused of forcibly taking the victim's mobile phone, preventing her from calling 9-1-1. He also allegedly violated an order of protection. He was jailed on $25,000 bail.

Daniel Edward King, 41, of Phelps Road, Pembroke, is charged with failing to register a change of address within 10 days as a sex offender. The charge followed an investigation into an incident in the Town of Pembroke.

Bin Chen, 32, of Wangman Street, Rochester, is charged with possession for the purpose of sale of 30,000 or more untaxed cigarettes, criminal tax fraud, 3rd, and failure to stop at stop sign. Chen was stopped at 1:29 a.m. Friday in the area of 7152 Alleghany Road, Alabama, by Deputy James Stack.

Jacob Russell, 22, of Walkers Corner Road, Byron, is charged with criminal possession of a weapon with a previous conviction and unlawful possession of marijuana. Russell was charged following a search of his residence by probation officers, who allegedly found a switchblade knife and five marijuana smoking devices containing marijuana. Russell was jailed on $20,000 bail or $40,000 bond.

Kevin Watson, 58, of East Main Street, Batavia, is charged with petit larceny. Watson is accused of stealing several items from Dollar General.

Scott D. Larnder, 41, of Tracy Avenue, Batavia, is charged with an unlicensed dog and owning a vicious dog. Larnder's dog allegedly bit another person at his residence at 10:23 p.m. on March 12.