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Law and Order: Batavia man accused of forcing Door Dash driver to touch him

By Howard B. Owens

Jeffrey D. Hall, 38, of Batavia, is charged with sex abuse 1st (contact by forcible compulsion). Hall is accused of grabbing a Door Dash employee, forcing her to touch his intimate parts, at 11:48 p.m., May 24, at a location on Ross Street, Batavia.  Hall was arraigned in City Court and released on his own recognizance. 

Tarrell Jerry Carter, 37, of Raines Park, Rochester, is charged with strangulation 2nd, endangering the welfare of a child, and assault 3rd. Carter is accused of punching and choking a victim during an argument at 11:15 p.m., July 3, at a location on West Main Street, Le Roy. He was arrested by Officer Curtis Miller, arraigned in Town of Le Roy Court, and ordered held at the Genesee County Jail without bail.

Brandon Dodd, 35, of Highland Drive, Batavia, is charged wit falsifying business records 1st, criminal possession of stolen property 5th, and petit larceny. Dodd is accused of stealing merchandise from Kohl's Department Store and then selling the merchandise to Pawn King, falsifying a bill of sale attesting to ownership of the property. Dodd was issued an appearance ticket. The case was investigated by Investigator Erik Andre and Deputy Nicholas Chamoun.

Tonja Marie Stephens, 54, of Prole Road, Stafford, is charged with violation of a court order. Stephens is accused of violating a stay-away order of protection at 9 a.m., June 29, at a location on Prole Road, Stafford. She was arraigned in Town of Stafford Court and released on her own recognizance.

Joseph Michael Morelli, 53, Orchard Street, Oakfield, is charged with endangering the welfare of a child.  Morelli is accused of striking a child in the face at 7:43 p.m., June 26, at a location on Orchard Street, Oakfield. He was ordered to appear in court on July 22.

Dennis James Jenks, 23, of West Albion Street, Holley, is charged with obstructing governmental administration 2nd. Jenks is accused of physically and verbally impeding an investigation into a DWI at 11:34 p.m., June 30, on Byron Holly Road, Byron. He was arrested by Deputy David Moore and released on an appearance ticket.

Elizabeth Emily Ahl, 28, of Park Meadow Road, West Seneca, is charged with DWI, driving with a BAC of .08 or greater, speeding not reasonable and prudent, moving from lane unsafely. Ahl was arrested by Deputy David Moore following an investigation into a motor vehicle accident reported at 3:42 a.m., July 2, at mile marker 3.4 on the I-490 in Bergen. She was issued an appearance ticket.

Cordero Leon Royes, 35, of Maple Street, Batavia, is charged with DWI. Royes is suspected of driving at speeds in excess of 120 mph on Route 33 through the Village of Corfu and Town of Pembroke at 9:58 p.m., July 5. She was arrested by Deputy Nicholas Chmoun and Sgt. Kyle Krzemien and released on an appearance ticket.

Adam N. Hume, 38, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and consumption of alcohol in a motor vehicle. Hume was stopped by a Batavia patrol officer at 12:15 a.m., June 24, on West Main Street, Batavia.  He was issued an appearance ticket.

Latoya D. Jackson, 36, of Batavia, is charged with criminal contempt 2nd.  Jackson is accused of violating an order of protection at 8:58 p.m., June 29, at a location on East Main Street, Batavia. She was issued an appearance ticket.

Andrew J. Draper, 43, of Batavia, is charged with criminal contempt 2nd. Draper was allegedly with a person covered by an order of protection at 10 a.m., June 25, when Batavia PD made contact with him at a location on East Main Street on an unrelated matter.  He was issued an appearance ticket. 

Andrew J. Draper, 43, of Batavia, is charged with petit larceny. Draper is accused of stealing two rings from another person and selling them without permission on June 23. He was issued an appearance ticket.

Tammy M. Ace, 47, of Batavia, is charged with criminal mischief 4th. Ace is accused of dumping bleach on another person's belongings at 11:26 a.m., June 15, at a location on Holland Avenue, Batavia. She was issued an appearance ticket.

Michael W. Williams, 63, of Batavia, is charged with DWI and driving with a BAC of .08 or greater.  Williams was stopped by a Batavia patrol officer at 8:19 p.m., June 17, at a location on East Main Street, after a complaint from a local business that Williams might be driving drunk. Williams was issued an appearance ticket.

Brian J. Ferguson, 35, of Batavia, is charged with DWI, failure to signal lane change, consumption of alcohol in a motor vehicle, inadequate headlights, and insufficient tail lamps. Ferguson was stopped by Officer Freeman at 12:13 a.m., June 11, on East Main Street.  Ferguson was released on an appearance ticket.

Oraid M. Blackshear-Edwards, 38, of Batavia, is charged with criminal trespass 2nd. Blackshear-Edwards was allegedly found sleeping inside a residence in South Main Street at 7:58 a.m., June 19, that was not his own. He was issued an appearance ticket.

Matthew D. Derrick, 37, of Batavia, is charged with criminal contempt 2nd. Derrick is accused of violating an order of protection by contacting another person on social media. at 4:28 p.m., June 17. He was issued an appearance ticket.

Julie L. Dutton, 27, of Le Roy, is charged with petit larceny. Dutton is accused of stealing two alcoholic beverages from a local grocery store on Ellicott Street, Batavia. She was issued an appearance ticket.

Christine M. Caplis, 41, of Batavia, is accused of failure to appear on a bench warrant. Caplis was arrested on a warrant stemming from an incident on Nov. 4.

Jarrod K. Fotiathis, 27, of Lake Street, Le Roy, is charged with criminal mischief 3rd. Fotiathis is accused of kicking in a door, and damaging the door and frame, at 4:34 a.m., June 27, at a location on Lake Street, Le Roy. He was arraigned in Town of Le Roy Court, issued an order of protection, and released until his next court appearance on July 21.

Ronald J. Maxwell, 53, of Le Roy, is charged with DWI and driving with a BAC of .08 or greater. Maxwell was stopped by State Police in the Town of Le Roy at 4:12 p.m., July 3. He was issued an appearance ticket.

Sheriff's Office unveils K-9 training course at Fire Training Center

By Press Release

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Press release:

The Genesee County Sheriff’s Office new K9 obstacle course is located at the Genesee County Fire Training Center and is the result of a partnership with the Rochester Area Crime Stoppers.

All labor and materials from design, layout, construction, and completion were donated through a collaboration with local businesses that included several grants. No costs were incurred by taxpayers. We would like to thank the following partners for their hard work and dedication:

  • Rochester Area Crime Stoppers, Joyce Palumbo, Board Member and K9 Initiative Chair
  • CountryMax Stores, Brad Payne, Director of Sales
  • Home Depot. Tim Mullen, Assistant Manager - Batavia Store
  • KeyBank, Phil Muscato, Rochester Market President and Regional Commercial Executive, and Mark Krueger, Executive Assistant
  • Genesee Valley BOCES Building Trades Program, Jon Sanfratello, Director of Instructional Programs, and Margaret Poray, Executive Principal - Batavia Campus
  • Hoselton Auto Mall, Drew Hoselton, President, and Chris Cammarata, Leasing Manager with a special thank you to the Hoselton Auto Welding Team

The course will be utilized by law enforcement agencies for training purposes to simulate obstacles that K9 teams will most likely encounter in the field during

deployments. These obstacles include crawling under porches, jumping through house/building windows, climbing ladders, and walking on unstable surfaces. This training will provide handlers and their K9 partners the confidence to complete these tasks in the field. The course will primarily be used by the Genesee County Sheriff's Office K9 unit as well as other outside law enforcement K9 units upon request and availability.

“We are very fortunate to have a community that continuously supports our K9 program. Thank you to all the individuals that made this course a reality for our Office and other law enforcement agencies to utilize,” stated Undersheriff Bradley Mazur. 

Photos by Alecia Kaus/Video News Service

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Law and Order: Trio from Rochester suspected of being in stolen vehicle, possessing drugs

By Howard B. Owens

James N. Johnson, 54, of Conkey Avenue, Rochester, is charged with criminal possession of stolen property, criminal possession of a controlled substance 7th, DWI, aggravated unlicensed operation 3rd, and open alcohol container; Agnes M. Baugh, 22, of Curlew Road, Rochester, is charged with criminal possession of a controlled substance 7th and criminal possession of a weapon 4th; and Maurice D. Bishop, 36, of Rauber Street, Rochester, is charged with criminal possession of a controlled substance 7th.  On June 29, Sgt. Mathew Clor located a disabled black Honda Civic on Clinton Street Road, Stafford. The registration matched a vehicle reportedly stolen during a strong-arm robbery early in the morning of June 28. Deputy David Moore arrived on scene and assisted Sgt. Clor in detaining Johnson.  Two crack pipes were reportedly recovered in the vehicle with drug residue in the pipes. Baugh allegedly possessed a pair of brass knuckles.

Carlos Torres, 47, of Champlain Street, Rochester, is charged with DWI-drugs, criminal possession of a controlled substance 7th, and unlicensed operator.  Torres was arrested on a warrant, arraigned in Town of Le Roy Court, and released on his own recognizance. 

Andrew Joseph Draper, 43, of Batavia, is charged with petit larceny. Draper is accused of shoplifting from Walmart on June 26.  He was booked at the Genesee County Jail and released on an appearance ticket.

Andrew Joseph Draper, 43, of Batavia, is charged with criminal contempt 2nd. Draper is accused of contacting a person he was ordered not to contact at 7:31 a.m., June 26. Draper was issued an appearance ticket.

Crystal Ann Mounts, 45, of Batavia, is charged with petit larceny. Mounts is accused of stealing from Walmart at 7:23 a.m., June 26. She was issued an appearance ticket.

Police looking for person of interest in theft of drug from pharmacy in Batavia

By Howard B. Owens

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Batavia PD is looking for the public's assistance in identifying a man who is suspected of stealing more than $350 of Allegra from the CVS pharmacy on West Main Street.

The larceny took place today a little before noon.   

The suspect was last seen getting into the passenger seat of a white-colored SUV. It left the area heading westbound. 

If anyone recognizes the person pictured, please notify investigating Officer Nicole McGinnis by calling (585) 345-6350.

Law and Order: Batavia woman accused kicking, punching child, forcing it to watch show on child murder

By Howard B. Owens

Brianna L. Way, 31, of Batavia, is charged with assault 3rd and endangering the welfare of a child. Way is accused of punching and kicking a nine-year-old child causing an injury, shoving the child's head as punishment, and forcing the child to watch a TV-MA documentary about child murder titled “The Trials of Gabriel Fernandez” while telling the child that it could be him. Way was arraigned in City Court and released on her own recognizance. An order of protection was issued.

Jordan Taylor Reese, 30, of Ford Road, Elba, is charged with endangering the welfare of a child and criminal mischief.  Reese is accused of injuring a child during an incident at 6:48 p.m., June 22, at a residence on Ford Road, Elba. Reese was arrested by Deputy Ayrton Blankenberg, was arraigned in Town of Batavia Court, and released.

David John Chormanski, 42, of Mechanic Street, Byron, is charged with criminal mischief and endangering the welfare of a child. Chormanski allegedly damaged property of another person during an argument in the presence of a child at 5:03 a.m., June 21, at a location on Mechanic Street, Byron. Chormanski was arrested by Deputy David Moore, arraigned in Town of Le Roy Court, and released on his own recognizance.

Brian Joseph Crawford, 48, of Independence Drive, Methuen, Mass., is charged with DWI and driving with a BAC of .18 or greater. Crawford was stopped at 12:59 a.m., June 20, on West Main Street Road, Batavia, by Deputy Morgan Ewert. He was released on appearance tickets.

Marvin K. Barber, Jr., 37, of Lackawanna, is charged with harassment 2nd, criminal possession of a weapon 4th, criminal possession of a weapon 3rd, menacing 2nd, and grand larceny 4th. Batavia police officers were dispatched to a report of a disturbance at 8:30 a.m., June 22, on Lewis Place, Batavia. Following an investigation, and making contact with Barber, who had left the scene, Barber turned himself in to police custody. He was arrested and arraigned in City Court and ordered held in the Genesee County Jail.  

Andrew J. Draper, 43, of Batavia, is charged with criminal mischief 4th. Draper is accused of damaging property at a residence on Miller Avenue during an argument at 9 a.m., June 17. He was arraigned in City Court and released.

Andrew J. Draper, 43, of Batavia, is charged with driving while under the influence of drugs and aggravated unlicensed operation 3rd. Following an investigation, Draper was arrested on June 17 for an incident reported at 10:53 a.m., May 14, on Ellicott Street, Batavia. Draper is accused of driving while impaired by crack cocaine. Draper was issued traffic tickets and released.

Andrew J. Draper, 43, of Batavia, criminal contempt 1st and harassment 2nd. Draper is accused of violating an order of protection by striking another person during a disturbance reported at 1:17 p.m., June 17, at a location on West Main Street, Batavia. Draper was arraigned in City Court and released under supervision.

Dorsie McGill, Jr., 37, of Batavia, is charged with DWI, driving with a BAC .08 or greater, resisting arrest, and using a mobile phone while driving. McGill was stopped at 8:39 a.m., June 18, on East Main Street, by a Batavia patrol officer. McGill was processed at BPD and released on an appearance ticket.

Ledaga K. Wright, 31, of Batavia, is charged with burglary 2nd, criminal mischief 4th, and criminal tampering 3rd, Wright is accused of causing damage inside apartment on June 15 on Holland Avenue. He was arraigned in City Court and released on his own recognizance.

Latoya D. Jackson, 36, of Batavia, Jackon is accused of threatening to fight multiple people during a disturbance on State Street at 8:18 p.m., June 20. Jackson was issued an appearance ticket.

Nick A. Hawkins, 38, of Batavia, Hawkins is accused of threatening another person during a disturbance on State Street reported at 8:18 p.m., June 20.  He was issued an appearance ticket.

Daniel R. Yates, 52, of Batavia, is charged with criminal tampering 3rd and criminal mischief. Yates is accused of damaging property inside Tops Market at 7:52 p.m., June 17. He was issued an appearance ticket.

Maurice D. Bishop, 36, of Rochester, is charged with criminal contempt 2nd. Bishop was arrested on a warrant related to an incident reported at 1:10 a.m., Oct. 12. Bishop was arraigned in City Court and released under supervision. A stay-away order of protection was issued.

Law and Order: Rochester women accused of grand larceny at Walmart

By Howard B. Owens
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Fantasia Speed Dontaya Kyles

Fantasia Octavia Speed, 21, of Weaver Street, Rochester, is charged with grand larceny 3rd, grand larceny 4th, and conspiracy 5th. Speed is accused of stealing something from Walmart at 3:28 p.m., June 20.  Speed was released on her own recognizance.  The grand larceny 4th charge stemmed from a an arrest warrant held by the State Police. NOTE: Attempts to obtain more information on the alleged offense, specifically what was stolen, from the Sheriff's Office were unsuccessful.

Dontaya Nell Kyles, 30, of Affinity Lane, Greece, is charged with grand larceny 3rd. Kyles is accused of stealing merchandise from Walmart valued at more than $3,000. Kyles was arraigned in Town of Batavia Court and released on her own recognizance.

Lauren Kay Pellegrino, 40, of West Main Street, Le Roy, is charged with assault 3rd and menacing 3rd. Pellegrino is accused of assaulting another person at 8:45 p.m., June 20. She was arrested by Officer John Ceneviva and arraigned in Le Roy Town Court. She was released on her own recognizance and an order of protection was issued for her alleged victim.

Peter Jerome Vangalio, 49, of Genesee Street, Le Roy, is charged with criminal contempt 2nd. Vangalio is accused of going to the home of a person of a protected party in an order of protection at 11:55 p.m., June 19, on Genesee Street in Le Roy.  He was arrested by Officer Zachary Klafehn and released on an appearance ticket.

Animal abuse suspects fail to appear for arraignment in City Court

By Howard B. Owens

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A pair of apparently former Batavia residents facing felony animal cruelty charges failed to appear in City Court today for arraignment, prompting Judge Durin Rogers to issue arrest warrants for both defendants.

Both Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24, are charged with felony aggravated cruelty to animals.

They are accused of abandoning two pitbulls in apartment 60 at 337 Bank St., Batavia. The two animals were found malnourished and covered in feces in their cages inside the apartment on May 10, according to witness statements.

Both defendants were scheduled to appear earlier in June and both called the court to report that they had COVID-19. They were ordered to appear today and provide proof of positive COVID tests.

Rogers noted that both were clearly aware of the order to appear today for arraignment, and they both demonstrated with their prior calls that they knew how to reach the court if they couldn't make their appearance. 

During his remarks, Rogers referred to Searight as a former Batavia resident. He made no mention of where the defendants might be living now.

One of the two Pitbulls found in the apartment was, according to court documents, in such bad shape that she had to be euthanized.  The other dog is recovering at Genesee County Animal Shelter. He is not yet available for adoption because the owners have yet to relinquish ownership.

Rogers asked the assistant district attorney if the dog was still at the shelter, expressing concern the dog might still be with the owners while the case is pending. The ADA said she believed the dog is at the shelter.

Previously: One of two Pitbulls found abandoned in apartment in good health while mate had to be put down

Photo: File Photo of "Brad Pitt" (the name given to the dog by Animal Shelter volunteers).

Law and Order: Woman charged with DWI after head-on collision with Batavia patrol vehicle

By Howard B. Owens

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Mary E. Dorman, 36, of Batavia, is charged with DWI, failure to keep right, and moving from lane unsafely. Dorman was involved in a head-on collision at 10:45 p.m., June 4, on Bank Street, Batavia, with a Batavia PD patrol vehicle. Her vehicle also struck a parked car. Dorman was arraigned in City Court and released on her own recognizance.

Thomas Michael Busch, 45, of Willow Street, Lockport, is charged with possession of a sexual performance by a child. Busch was arrested following an investigation into digital images on an electronic device in his possession at 4:30 p.m., May 29, at a location on Alleghany Road, Darien.  He was released on an appearance ticket.

Corey Amber Knapp, 20, of North Avenue, Medina, is charged with criminal possession of a controlled substance 7th. Knapp was arrested on a bench warrant out of City Court.  She was arraigned in Town of Batavia Court and released on her own recognizance.

Constance Christine Pocock, 48, of undisclosed residence, is charged with endangering the welfare of a child. Pocock was arrested by Deputy Jeremiah Gechell in connection with an incident reported in Stafford at 11:38 p.m., June 18.  The specifics of the incident were not disclosed.  She was arraigned in Town of Stafford Court and released on her own recognizance.

Joel D. Prouty 36, of Bergen, is charged with strangulation 2nd, attempted assault 3rd, and petit larceny. Prouty is accused of fighting with a woman at 6:18 p.m., June 8, at a location on Oak Street, Batavia. He was arraigned in City Court and ordered held without bail.

Johnnie M. Waston, 39, of Batavia, is charged with trespass. Watson is accused of returning to a local business on East Main Street, Batavia, at 5:54 p.m., June 13, after being barred from the business.

Megan A. Gregg, 28, of Batavia, is charged with endangering the welfare of a child. Gregg is accused of leaving prescription pills and drug paraphernalia in an area accessible to children at a residence on Ellsworth Avenue, Batavia. She was released on an appearance ticket.

Christopher P Thomas, 38, of Batavia, was arrested on a warrant. Thomas turned himself into Batavia PD. The charges, not released, stem from an incident reported at 1 p.m., May 31.  He was processed and released.

Amanda L. Huber, 40, of Batavia, is charged with disorderly conduct. Huber is accused of fighting in public at 7 a.m., June 3, at a location on East Main Street, Batavia. She was released on an appearance ticket.

Erik R. Motquin, 40, of Batavia is charged with disorderly conduct. Motquin is accused of fighting in public at 7 a.m., June 3, at a location on East Main Street, Batavia. He was released on an appearance ticket.

Tarrence Y. Williams, 22, of Batavia, is charged with criminal contempt 1st, harassment 2nd, and endangering the welfare of a child., Williams was allegedly involved in an incident reported at 10:10 a.m., June 9, at a location on Porter Avenue, in which he had physical contact with a person who is subject of an order of protection while in the presence of a child. He was arraigned in City Court and released on his own recognizance.

McKenzie N. O’Connell, 19, of Batavia, is charged with two counts of endangering the welfare of child. O’Connell is accused of providing marijuana to two juveniles and allowing them to smoke the cannabis in her house. She was issued an appearance ticket.

Andrew J. Carr, 40, of Pavilion, is charged with felony DWI, felony driving with a BAC of .18 or greater, and moving from lane unsafely. Carr was stopped at 2:12 a.m., June 11, on Harvester Avenue, Batavia, by a Batavia patrol officer. Carr was issued traffic tickets.

M. Compson Summerfield, 24, of Holley, is charged with DWI and reckless driving. Summerfield was stopped at 8:55 p.m., June 13, by State Police in the Town of Batavia. He was released on an appearance ticket.

Paula A. Kingdollar, 53, of Covington, is charged with petit larceny. Kingdollar is accused of a theft at 8:04 a.m., June 15, in the Town of Batavia.  She was arrested by State Police and released on an appearance ticket. No further information released.

Top photo: Photo of a head-on collision involving a Batavia patrol vehicle. Photo by Alecia Kaus/Video News Service.

Sheriff's Office investigating jewelry sales scam outside businesses on Veterans Memorial Drive

By Howard B. Owens

A man and a woman, who have not been identified by the Sheriff's Office, are suspected of perpetrating a scam involving jewelry outside businesses along Veterans Memorial Drive.

On June 3, deputies responded to the parking lot of Dick's Sporting Goods to investigate a complaint about a man soliciting people for money in exchange for a gold ring. 

During the investigation, the man was identified along with a woman in an associated vehicle.

A scam involving jewelry had previously been uncovered by the Sheriff's Office.

A description of the suspects was not provided.

The Sheriff's Office is asking residents who may have purchased jewelry from people outside businesses in the area to contact Investigator Ryan DeLong at (585) 345-3000 ext. 3572 or Investigator Erik Andre at (585) 345-3000 ext 3574.

Law and Order: Rochester woman, suspected drug dealer, allegedly found with 41 bags and bulk crack cocaine

By Howard B. Owens
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Jennifer Moton

Jennifer "Miss B" M. Moton, 37, of Driving Park, Rochester, is charged with two counts of criminal sale of a controlled substance 3rd, four counts of criminal possession of a controlled substance 3rd, and promoting prison contraband 1st. Moton was arrested following a traffic stop by Deputy Kenneth Quackenbush on a warrant based on a sealed Grand Jury indictment in Genesee County for allegedly selling crack cocaine to an agent of the Local Drug Task Force.  While Morton was being processed at the jail, information was developed that resulted in a search warrant. Morton was allegedly found in possession of 41 pre-packaged bags of crack cocaine along with a bulk quantity of crack cocaine. Moton was arraigned in Genesee County Court and released on her own recognizance and arraigned in Town of Stafford court and also released on her own recognizance. 

Jennifer L. Sprague-Clark, 39, of Batavia, robbery 1st degree; criminal possession of a weapon 3rd degree, grand larceny 4th degree, coercion 3rd degree, and menacing 2nd, burglary 2nd, grand larceny 4th, and obstruction of governmental administration 2nd. Sprague-Clark is accused of fleeing on foot following a traffic stop at 10:22 a.m., June 1. A short time later she was taken into custody. She was subdued with a taser. The officer was reportedly aware of other pending charges. No information was released related to the other charges. She was arraigned in city court and ordered held on $25,000 bail, $50,000 bond, or $100,000 partially secured bond.

Arthur L. Golden, 63, of Batavia is charged with criminal contempt 1st degree; burglary 3rd degree. Golden is accused of contacting a person he was ordered not to contact. He was ordered held without bail. Previously: Law and Order: Batavia man accused of assaulting neighbor, stealing neighbor's bike

(name redacted upon request (charges dismissed)), xxxxxx, is charged with stalking 4th and harassment 2nd. xxxx is accused of stalking and harassing another person over an extended period of time. The allegations were first reported on Nov. 25 and Investigator Howard Carlson handled the case. xxxx was arraigned in Town of Batavia Court and released. An order of protection was issued.

Elaysia A. Mendez, 26, of Delamaine Drive, Rochester, is charged with felony DWI (three or more convictions within 15 years), aggravated unlicensed operation, driving without an interlock device, uninspected motor vehicle, forgery 2nd, criminal impersonation 2nd, and falsifying business records. Mendez was stopped at 3:22 a.m., June 11, on Route 33 in Stafford by Sgt. Mathew Clor.  She allegedly provided a false identity to Clor and signed her fingerprints at the Genesee County Jail with another person's name.  She was held pending arraignment.

Megan Danae Seymour, 32, no street address provided, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and motor vehicle lights below standards. Seymour was stopped at 1:49 a.m., June 12, on Walnut Street, Batavia, by Deputy Trevor Sherwood.

Robert Lawrence Tullar, II, 39, of Townline Road, Byron, is charged with petit larceny.  Tullar is accused of shoplifting from Walmart at 3:47 p.m., June 14. 

Zachary J. Marrow, 30, of Batavia, is charged with criminal mischief. Marrow is accused of damaging a fence belonging to a neighbor.  He was issued an appearance ticket.

Andre L. Roberts, 29, of Pavilion, is charged with trespassing. Roberts is accused of being on property at 11:25 a.m., June 7, on Ellsworth Avenue, Batavia, after being advised he was not welcome. Roberts was issued an appearance ticket.

Laura J. Reed, 30, of Le Roy, is charged with criminal contempt 2nd. Reed is accused of not showing up for Grand Jury after being served a subpoena on March 29. She was issued an appearance ticket.

Michael J. Elmore, 31, no residence information provided, is charged with criminal mischief 4th. Elmore is accused of slashing tires on multiple vehicles on Swan Street on March 27. He was issued an appearance ticket.

Antonio D. Callen, 31, of Selma, Ala., is charged with DWI, driving with a BAC of .18 or greater, speeding, and no headlights. Callen was stopped at 2:17 a.m., June 5, on Main Street, Batavia, by a Batavia patrol officer. Callen was released on traffic tickets.

Ajie JJ. Smith-Ezell, 27, of Rochester, is charged with assault 1st. Smith-Ezell is accused of assaulting a person at a local hotel. He was arraigned in City Court and ordered held on $10,000 bail, $20,000 bond, or $40,000 partially secured bond. An order of protection was issued.

Anthony L. Vanelli, 44, of Batavia, is charged with petit larceny. Vanelli is accused of stealing multiple packs of pork ribs from a business on Ellicott Street at 6:38 p.m., June 4. He was issued an appearance ticket.

Erica M. Raphael, 37, of Batavia, was arrested on a bench warrant. She was sentenced on a pending matter in City Court, concluding all court proceedings on the case.

Michael W. Williams, 63, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Williams was allegedly observed by witnesses driving drunk at 7:35 p.m., May 31. Williams was located by a Batavia patrol officer and upon further investigation, arrested.  Williams allegedly failed a field sobriety test. He was issued traffic tickets and released.

Crystal A. Mounts, 45, of Batavia, was arrested on six bench warrants. She was arraigned in City Court and ordered held on bail.

Law and Order: Batavia man accused of assaulting neighbor, stealing neighbor's bike

By Howard B. Owens

Arthur L. Golden, 63, of Batavia, is charged with petit larceny. Golden is accused of stealing a bicycle from a neighbor on East Main Street at 6:36 p.m., May 20. The bicycle was recovered and returned to its owner. Golden was issued an appearance ticket.

Arthur L. Golden, 63, of Batavia, is charged with assault 3rd. Golden is accused of attempting to assault one of his neighbors in an apartment complex at 4:15 a.m., May 26.  Golden was arraigned in City Court and released on his own recognizance. He was issued an order of protection and ordered to return to court on June 16.

Luis Gilbert Torres, 42, of Gilbert Street, Le Roy, is charged with assault 2nd, menacing 2nd, and criminal possession of a weapon 3rd.  Torres was arrested on June 1 in the Village of Le Roy. Information on his alleged offense was not released. he was arraigned in Town of Le Roy Court and ordered jailed on $20,000, $40,000 bond, or $80,000 partially secured bond.  

Julious "Fatboy" Murphy, 69, of Jerome Place, Batavia, is charged with criminal sale of a controlled substance 3rd, and criminal possession of controlled substance 3rd. Murphy was arrested Sunday on a sealed Grand Jury indictment during a traffic stop by Batavia PD. Murphy is accused of selling crack cocaine to an agency of the Local Drug Task Force while in Batavia.  Murphy was arraigned in Genesee County Court and released under supervision.

Delonta Rashid Sharif Curry, 21, of Thomas Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Curry was stopped at 12:06 a.m., June 1, on Route 33 in Bergen, by Deputy Kenneth Quackenbush. He was released on appearance tickets.

Logan Michael Biedrzycki, 19, Sunridge Drive, Rochester, is charged with three counts of reckless endangerment 1st, unlawful fleeing a police officer, acting in a manner injurious to a child, criminal possession of a weapon, and reckless driving. Biedrzycki is accused of fleeing from Deputy Kenneth Quackenbush after the deputy attempted to make a traffic stop at 4:03 p.m., June 5, on Biedrzycki's vehicle. It's alleged there was a juvenile in the vehicle.  Biedrzycki was arraigned in Stafford Town Court and ordered to reappear on July 12.

Andrew Joseph Draper, 43, of Miller Avenue, Batavia, is charged with DWI, driving while impaired by drugs, aggravated unlicensed operation 3rd, unlicensed driver, and inadequate headlights.  Draper was stopped at 11:26 p.m., Dec. 21, on West Main Street, Batavia, by Deputy Morgan Ewert.  Draper was arrested on June 6.  He was arraigned in City Court and ordered to reappear on June 29.

Jacqueline Patrice Olsen, 60, no address released, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and speeding.  Olsen was stopped at 10:12 p.m., June 1, on Ellicott Street Road, Bethany, by Deputy Trevor Sherwood. Olsen was ordered to appear in court on July 27.

Tarrence Y. Williams, 22, of Porter Avenue, Batavia, is charged with two counts of criminal possession of a controlled substance 3rd and two counts of criminal sale of a controlled substance 3rd. Williams was arrested on June 9 as the result of an investigation by the Local Drug Task Force into the transportation, sale, and possession of crack cocaine in the City of Batavia. Williams was arraigned in Genesee County Court and released on his own recognizance. 

Kimberly Ann Brodsky, 30, of County Complex Drive, Canandaigua, is charged with petit larceny and conspiracy 6th.  Brodsky is accused of stealing, in conjunction with an unidentified white male, merchandise from Kohl's Department Store at 7:46 p.m., May 25.  Brodsky was arrested by Deputy Andrew Mullen.  Brodsky is scheduled to appear in Town of Batavia Court on July 5.

Nikita N. Shook, 36, of Perry, is charged with petit larceny. Shook was arrested on a warrant in Wyoming Couty by State Police. The warrant was issued after an investigation by Batavia PD into an alleged theft on April 23. Shook is accused of stealing property from another person. Shook was arraigned in City Court and released on her own recognizance.

Mary I. Flick, 51, of Batavia, is charged with DWI/drugs, unlicensed operation, and criminal possession of a controlled substance 7th. Flick was arrested on a warrant by Batavia in relation to an incident on June 2. She was arraigned in City Court and released under supervision.

Erica M. Raphael, 37, of Batavia, was arrested on a warrant.  Raphael was sentenced on the charges contained in the warrant. The charges were not specified in the release by Batavia. The sentence issued was not released by Batavia PD.

Alicia M. Lyons, 42 of Batavia, is charged with trespass. Lyons is accused of entering a business she had previously been told not to enter at 12:46 p.m., May 28. Lyons was issued an appearance ticket.

Yasier A. Castro Rivera, 34, of Batavia, is charged with criminal possession of a controlled substance, criminal impersonation, unlicensed operation of a motor vehicle, speeding, and aggravated unlicensed operation 3rd.  Castro Rivera was stopped by a Batavia patrol officer at 9:48 p.m., May 25, on Oak Street. Castro Rivera was issued an appearance ticket.

Dajuandrick C. Gardner, 45, of Batavia, is charged with bail jumping 2nd. Gardner is accused of failing to appear in court.  He was jailed without bail and ordered to return to court on June 16.

Robert J. Ritchey, 58, of Oakfield, is charged with forcible touching, sex abuse of a victim less than 13 years old, and acting in a manner injurious to a child. The alleged incident was reported at 10:04 a.m., April 5. This is a pending investigation.  Ritchey was arrested by State Police on June 8. He was ordered held.  No further details were released.

Dustin M. Locicero, 37, of Boliver, is charged with burglary and petit larceny. Locicero was arrested by State Police in connection with an incident reported at 8:56 p.m., June 5, in the Town of Darien.  He is also charged with criminal possession of stolen property 5th and falsifying business records in connection with an incident reported at 11:47 a.m., June 6 at a location in the Town of Batavia. He was issued an appearance ticket.  No further information was released.

Joshua P. Martin, 38, of Basom, is charged with criminal mischief 3rd, two counts of criminal contempt 1st, and endangering the welfare of a child. Martin was arrested by State Police in connection with an incident reported at 7:27 p.m., June 8, in the Town of Batavia.  His release status is "cash bail."  No further details released.

Grand Jury Report: Man accused of damaging truck, choking person in Pembroke

By Howard B. Owens

Kevin H. Ayers is indicted on counts of criminal mischief in the third degree, criminal obstruction of breathing or blood circulation, menacing in the second degree, and harassment in the second degree. Ayers is accused of damaging a Ford F350 pickup belonging to another person on Oct. 8 in the town of Pembroke.  He is accused of damaging the rear driver-side tire, door, and fender. He is accused of choking the same victim on the same date at the same location. He is accused of displaying a knife in order to threaten that person. And with the intent to harass, annoy, or alarm, he is accused of having physical contact with that person.

Joshua L. Webster is indicted on two counts of criminal contempt in the first degree, one count of menacing in the second degree, one count of criminal possession of a weapon in the third degree, three counts of endangering the welfare of a child, and one count of criminal contempt in the second degree. Webster is accused of violating an order of protection on Dec. 31 at a location on West Main Street, Le Roy, by intentionally placing a protected person in reasonable fear of injury or death by displaying a deadly weapon. He is accused of displaying a knife with the intent of using it against another person while children were present. He is accused of violating a stay-away order of protection on March 28 at the same location, and again on May 1. 

Zachary P. Hursh is indicted on counts of criminal possession of stolen property in the third degree, obstructing governmental administration, unlawful fleeing a police officer, and reckless driving. Hursh is accused of knowingly driving a stolen 2017 Honda Civic on Dec. 1 in the Town of Stafford. He is accused of using physical force to prevent a public servant from performing his official duties. He is accused of fleeing from a police officer in a vehicle at speeds in excess of 25 mph above the posted speed limit. He is accused of driving in a manner that jeopardized public safety.

One of two Pitbulls found abandoned in apartment in good health while mate had to be put down

By Howard B. Owens

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"Brad Pitt" (not his real name) has, in the space of a month, gone from a fearful, emaciated, feces-covered canine to a healthy, sweet-tempered, friendly, sweetheart of a dog while in the care of the county's Animal Control officers and Volunteers for Animals.

"Pitt" was seemingly abandoned by his owners in Apt. 60, 337 Bank St., Batavia. He was found on May 10 in a cage inside the apartment without food, covered in his own fecal matter, and skinny and weak.

A female Pitbull was found in the same apartment, also in a cage, also in poor health -- so poor that by the time a veterinarian determined what to do for her, the most humane option was to euthanize her.

The two people who allegedly abandoned the dogs are Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24.  Both have been charged with felony aggravated cruelty to animals. 

According to court documents, a maintenance worker at Walden Estates was aware of the dogs and the owners and also believed the couple had stopped paying rent sometime prior to May.  He and a neighbor had observed the residents moving out of the apartment some days to a week or so prior to May 10.  On that date, the worker observed trash piled up outside the apartment.  He spoke to a neighbor who said he hadn't seen the occupants for a week or two.

The female dog had given birth some weeks prior, according to the neighbor, and he had witnessed, he said, the residents removing the puppies and a TV.

The worker asked if the adult dogs were still inside, and the neighbor said he believed they were still in the apartment.

The worker looked into the apartment and saw one of the dogs in a cage.

Concerned about the health and safety of the dogs, both the property manager and the neighbor entered the apartment through an unlocked door and found two Pitbulls locked in cages, unfed, and covered in "shit," as the neighbor said in his statements.

"The black dog looked terrified and almost dead," the neighbor wrote. "The other dog looked terrified, shocked, and couldn't even stand, so we had to pull him from the crate. He had no strength at all."

He contacted the property manager and asked her to call the police. Officer Peter Flannigan and Sarah Fountain, a county animal control officer, responded.

Fountain wrote that when she arrived she found the dogs in the condition described by the witnesses and that the black dog, the female dog, was cold to the touch. 

Both dogs were assisted to the animal control vehicle, with the female dog carried on a stretcher. 

A normal dog's temperature is between 100 and 102 degrees.  The female dog's temperature was 93.3, the veterinarian told Fountain.

The dog "had no reserves and, basically, her body was shutting down," Fountain reports the vet telling her.   She was down to 20.4 pounds and should have weighed at least 40 pounds.

The vet did not expect the female dog to recover so it was euthanized.

The male Pitbull -- who has acquired the nickname "Brad Pitt" while at the shelter -- has been put on a thrice-a-day feeding plan and was up to 45.9 pounds by the time Fountain wrote her report for investigators.  She could not discuss his current condition today since there is still a criminal case pending.

Searight was originally scheduled for an appearance in City Court yesterday, but the case has been moved to 1:30 p.m. June 21.

Legally, Searight and Scarbrough still own the dog. Typically in animal abuse cases, the defendants are asked during the proceedings to surrender the dogs to Animal Control, at which point, the animal can be put up for adoption.

Fountain also reported finding a cockatiel in the apartment. She couldn't assess its health condition and The Batavian doesn't have information on its status.

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Public asked to help local person in connection with theft of benches from a local business

By Howard B. Owens

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Batavia PD is looking for a person of interest in association with the theft of benches from a local business.

The name of the business nor location were released by the department.

The person of interest and vehicle associated with that person are shown in the photos.

The bottom photo is of a bench identical to the ones that were stolen.

Anyone with information is asked to contact Officer Nicole McGinnis at (585) 345-6350 or the Batavia Police Department's confidential tip line at 585-345-6370.

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Batavia resident admits unemployment fraud scheme in Federal Court

By Howard B. Owens

A 37-year-old Batavia woman admitted in Federal Court today to wire fraud in a case that involves her possession of unemployment benefit cards in the names of other people.

Danielle Tooley faces up to 30 years in Federal prison and a $1 million fine when she is sentenced in August.

A state trooper uncovered the fraud during a routine traffic stop in Bergen on Nov. 24 in which he first discovered evidence of crack cocaine and then during a search of the vehicle found six NYS unemployment benefit cards in the vehicle's center console. 

According to the trooper, he observed a crack pipe with white residue in the vehicle.  Tooley admitted at the time that she had crack cocaine in the vehicle's center console.  As he prepared the vehicle to be towed, he recovered the cards made out to individuals other than Tooley.  He turned the cards over to the U.S. Department of Labor.

Federal authorities investigated and found that Tooley had withdrawn money from bank accounts associated with the benefit cards.

Prosecutors say that Tooley used the COVID-19 relief program to perpetuate her fraud.

The plea is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, New York Region, under the direction of Special Agent-in-Charge Jonathan Mellone; the Department of Homeland Security, Office of Inspector General, under the direction of Acting Special Agent-in-Charge Todd Allen; the U.S. Secret Service, under the direction of Special Agent-in-Charge Jeffrey Burr; the Social Security Administration, Office of Inspector General, under the direction of Special Agent-in-Charge Sharon B. MacDermott; and the New York State Police, under the direction of Major Barry Chase. 

Sentencing is scheduled for August 17, 2022, at 3:30 p.m. before Judge Wolford.

Defendant has done 'his own research' so rejects plea offer that would reduce prison term

By Howard B. Owens
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Matthew Zakrzewski 

In Genesee County Court today, Matthew T. Zakrzewski faced the metaphorical equivalent of Door 1, Door 2, or Door 3.

Only Door 1 was already open.  It contained a maximum prison term on his arson charges of 10 years.

Behind Door 2 is the possibility of 20 years in prison, and behind Door 3 is a jury trial and a possible 40-year prison term if convicted.

Zakrzewski rejected Door 1 because he had done his own research and apparently believes he can beat the five possible felony charges pending against him.

While Zakrzewski's case has not yet been presented to a Grand Jury, he is currently charged with:

  • Arson 2nd, intentional with a person present, a Class B felony, arrested on Jan. 16
  • Arson 3rd, intentional damage to property, a Class C felony, arrested Jan.17
  • Criminal mischief 4th, an A misdemeanor, arrested Jan. 16
  • Burglary 2nd, a Class C felony, arrested Jan. 16
  • Criminal mischief 3rd, a Class E felony, arrested Jan. 17
  • Arson 5th, intentionally damaging property, an A misdemeanor, arrested Jan. 18
  • Criminal mischief 3rd, a Class E felony, arrested Jan. 18

District Attorney Kevin Finnell communicated to Zakrzewski's attorney, Fred Rarick, a plea offer that would have Zakrzewski admit to two arson felonies in exchange for a sentence cap of 10 years in prison.

Initially, Zakrzewski accepted the plea offer but after "doing his own research," Rarick told Judge Melissa Cianfrini, Zakrzewski decided there were defenses available to him that might help him beat the charges at trial.

For example, Rarick said Zakrzewski believes he can claim he was drunk at the time of at least one of the crimes and use that as a valid defense.

Rarick said he regrets that there is no way, while Zakrzewski is in the Genesee County Jail, that the attorney could show him video the prosecution could present that purportedly shows Zakrzewski in the act of committing a crime. In his professional opinion, Rarick said, it would be hard to convince a jury, based on that evidence, that Zakrzewski was intoxicated.  He isn't stumbling around or displaying other signs of clear inebriation. 

In court on Tuesday, Finnell said that if Zakrzewski did not accept the pending plea offer by the end of the hearing, it would be withdrawn, and the cases against him would be presented to a Grand Jury. If indicted, the best plea offer Zakrzewski could hope for was a 20-year prison term.  If that was rejected, Finnell noted, and Zakrzewski was convicted at trial, he would face a maximum prison term of 40 years.

Zakrzewski told Cianfrini that he understood the offer and the consequences of rejecting it.

He also said that, based on Rarick's apparent belief that Zakrzewski would be convicted of the charges, he wanted a new attorney.

Cianfrini explained to Zakrzewski in multiple ways that the court had no authority to force the D.A. to reinstate a rejected plea offer, and that once it was withdrawn, it was entirely at the descretion of the District Attorney to decide what, if any, other plea offer might be made.

"It will be out of the court's hands," Cianfrini said. "It is on the District Attorney's authority.  The court cannot compel the District Attorney to make a plea offer."

Zakrzewski said he understood that.

She also explained that Rarick had a law degree and passed the bar.

"He has many years of criminal defense experience," Cianfrini said. "His job is to make an assessment of the case based on his training and experience and offer you advice."

"Do you have a law degree?" she asked Zakrzewski.

"No," he said.

Cianfrini told the defendant, "You don't have the background or the training and experience, but it is absolutely your decision."  She wasn't trying to influence his decision, she said, but wanted only to make it clear the limits of the court's authority and that once the decision was made, it couldn't be undone.

"His job is to look at the evidence and advise you," she said. "When he tells you things, he's not working against you. He's telling you based on his experience and training, this is what he thinks."

Rarick said that while in his professional opinion Zakrzewski should accept the plea offer, he was ready and willing to assist Zakrzewski in pursuing his right to challenge evidence, make motions, and mount a defense.

After the discussion, Zakrzewski agreed, at least for the time being, to keep Rarick as his attorney.

The 42-year-old Zakrzewski is accused of setting a chair on fire at Washington Towers in mid-January. Later in January, he was accused of starting a fire at a residence on Bank Street earlier in the month. He was later arrested in connection with a reported mid-January fire, also on Bank Street.

Man accused of letting wife die of drug OD arraigned on manslaughter charge

By Howard B. Owens
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Makeen Ithna-Asheri

A Batavia man facing a manslaughter charge for allegedly letting the mother of his children die of a drug overdose entered a not-guilty plea in County Court on Monday.

Makeen Ithna-Asheri, 61, is accused of buying drugs for Anda Ithna-Asheri, 61, and then when she overdosed, he allegedly failed to provide aid.

Police were called to the Ithna-Asheri residence at Northside Meadows at 9:32 p.m., Dec. 31, to investigate a report that two adults had overdosed in the presence of their children.

When patrols arrived, Anda Ithna-Asheri was already dead.  Emergency responders administered several doses of Narcan to revive Makeen Ithna-Asheri, according to police.

The children were reported to be aged seven and 10.

Last week, Ithna-Asheri was indicated by a Genesee County Grand Jury on counts of manslaughter in the second degree, two counts of endangering the welfare of a child, and criminal possession of a controlled substance 7th.

Ithna-Asheri entered a not-guilty plea to all charges.

Motions in the case are set to be argued at 1:45 p.m. Aug. 9 in Genesee County Court.

Judge Melissa Cianfrini continued Ithna-Asheri's confinement status at $50k bail, $100k bond, and $150k partially secured bond. Still in jail on the same bail.

 

Basom man involved in scuffle with deputies pleads guilty to assault

By Howard B. Owens
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Justice Coniglio

A Basom resident admitted in County Court on Monday that he stole a vehicle and assaulted a police officer in exchange for a potential prison term of no more than seven years.

Justice C. Coniglio, 31, of Basom, entered guilty pleas to grand larceny 3rd for stealing a 2013 Chrysler 2000 and assault 2nd in connection with an incident at his home on Bloomingdale Road, Basom.

His plea deal caps his sentence at 1 1/3 to three years on the grand larceny conviction and 3 1/2 to seven years on the assault conviction, with the sentences to run concurrently.

The plea satisfied pending charges of resisting arrest and obstruction of governmental administration.

Coniglio was arrested on April 25 on the grand larceny charge and on July 23 on the assault charge.

The assault charge seemed to stem from an incident that also involved Jarrett C. Coniglio.  Jarrett hit a neighbor, while on the neighbor's property, over the head with a beer bottle and then was involved in the fight with deputies that led to one of the deputies being bit by K-9 "Frankie." The deputy suffered a puncture wound.

Last week, Jarrett was sentenced to five years in prison.

Justice Coniglio will be sentenced at 1:30 p.m. Aug. 30.  In the meantime, Judge Melissa Cianfrini ordered that he remain held in the Genesee County Jail on $20,000 bail, $40,000 bond, or $60,000 partially secured bond.

Identity of person of interest in Tops larceny sought by BPD

By Press Release

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Press Release:

The Batavia Police Department is looking for help in identifying a person of interest in a larceny at Tops Supermarket which occurred on June 2 at approximately 10:05 a.m. Anyone with information on the identity of the person in the photo is asked to contact Officer Christopher Lindsay at 585-345-6350, the confidential tip line at 585-345-6370. Please do not post tips on Facebook or Twitter as the posts are not continuously monitored.

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