crime

The Sheriff's Office reports that a cow was intentionally shot and killed in the area of Bennett Road and Simonds Road in the Town of Darien sometime after sunset Saturday and sunrise Sunday.

Anyone with information that may assist in the investigation is asked to call Deputy Kevin McCarthy at 585-343-5000.

Ajie Jqunn Javontez Smith-Ezell, 24, of Cummings Street, Rochester, is charged with: criminal possession of a narcotic drug with intent to sell; tampering with physical evidence; obstructing governmental administration in the second degree; resisting arrest; escape in the third degree; driving while ability impaired by drugs; unlawful possession of marijuana; and failure to keep right. Additional charges are pending. The county DA's Office was contacted due to felony-level charges. At 9:17 a.m. on Aug. 1, a traffic stop was conducted on Route 33 in the Town of Bergen. While conducting a roadside interview with operator/owner Smith-Ezell, the odor of burnt marijuana was allegedly detected. He was escorted to the rear of a marked Sheriff's patrol car, where he was interviewed by Investigator Christopher Parker. A vehicle search allegedly yielded packaging indicative of narcotics distribution as well as about an ounce of marijuana. Smith-Ezell was interviewed some more and while attempting to remove "an anomaly" from the driver's pant leg, he is accused of resisting arrest and obstructing deputies from accessing and taking possession of the item. A brief foot chase ensued and Smith-Ezell was taken into custody after allegedly physically resisting arrest. He was arraigned in Bergen Town Court and jailed in lieu of $5,000 cash or $10,000 bond. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Investigator Parker and several others, including Deputy Richard Schildwaster, Sgt. James Diehl, Deputy Rachel Diehl, Deputy Kevin McCarthy, Investigator Ronald Welker, Trooper Valetta, Trooper M. Schmidt and his K9 partner.

Brandon Eugene Matteson, 25, of Ellicott Street Road, Pavilion, is charged with disobeying a mandate of the court and second-degree harassment. He was arrested after the investigation of a domestic incident that occurred 9:39 p.m. on July 25 in Pavilion. He was issued appearance tickets and is due in Town of Pavilion Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Sarah Ann Fiegl, 26, of Moore Road, Ransomville, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; having a front headlight out; and driving left of pavement markings. At 11:24 p.m. on Aug. 4 on Main Road in Pembroke, Fiegl was arrested following a traffic stop. She was issued an appearance ticket for Aug. 22 in Pembroke Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy David Moore.

The stenographer whose Grand Jury work has been called into question in a few criminal cases in Genesee County testified in open court today in a hearing on motions brought by the attorney for Antwan Odom.

Odom is charged with attempted assault, 1st, and criminal possession of a weapon in a case stemming from an altercation with a high school teammate a year ago yesterday.

Susan Ryckman, who is contracted with the county for Grand Jury transcription through Forbes Court Reporting Service, testified today about the equipment used to make transcriptions of proceedings and how that was tied into an automatic audio recording feature on her transcription device.

In 22 years of transcribing grand jury proceedings neither her employer nor any staff member with the District Attorney's Office ever informed her it was against state law to make an audio recording of a grand jury proceeding, Ryckman testified.

While Ryckman said she started handling grand jury work for the county in 1997, she wasn't asked nor did she say in what year she started using a transcription machine that enabled audio recordings of proceedings.

While motions have been made in other criminal cases, and there has been at least one prior hearing on the topic, and in each case, Judge Charles Zambito denied defense motions related to the audio recordings. Odom's attorney, Frank Housh of Buffalo, elected to require another hearing on the issue.

Housh is seeking disclosure of the grand jury minutes -- typically kept confidential and not disclosed to the defense attorney until the start of a trial -- to see if the audio recording resulted in anything prejudicial against his client. An example might be the stenographer asking somebody to speak up so the audio recorder would pick up the sound of the reporter not asking an inaudible word to be repeated.

If Housh could prove to Zambito that the grand jury proceedings were improperly influenced by the audio recording, then Housh would have a basis for dismissal of the charges against his client.

Zambito indicated he is skeptical that the actual substance of the grand jury testimony was changed because of the audio recording.

On another front, Housh is asking the case against Odom be dismissed because of "prosecutorial misconduct," which he said stemmed from the failure of the DA's office to ensure Ryckman knew she couldn't audio record grand jury proceedings.

District Attorney Lawrence Friedman called the accusation "ridiculous."

As for the audio recording material affecting the case, Housh noted that based on Zambito's prior ruling, the burden of proof falls on the defense, which he said he found unusual but that he was in a no-win situation if he couldn't review the transcript to prove there was an issue material to the case.

Zambito said he first had to be convinced that it would be possible there would be something in the transcript revealing the audio recording impacted the integrity of the grand jury proceeding.

Ryckman testified that with her present transcription setup she can record audio in one of two ways -- directly into her transcription machine or onto her laptop computer when it is connected to the machine. She said she doesn't always use her laptop during grand jury proceedings.

The recording is only activated when she touches a key on her transcription machine keypad. When she's not typing, if she pauses for any reason, there is no recording.

The quality of the audio is not good, she said, and doesn't necessarily pick up everything that is said. It can be affected by the position of the speaker, other room noise, or even a piece of paper left sitting on the internal mic of the laptop.

She said she doesn't rely on the audio recording for making the official transcript. She has used it to spot check her notes if she thinks something is unclear but she never listens to the audio recording from beginning to end. Her software allows her to highlight a questionable word or phrase and it will open that section of audio recording for her to check if the recording can help her clarify what was said.

The audio recordings only came up as an issue because Assistant District Attorney Shirley Gorman called Ryckman about a case citation contained in a completed transcript. Ryckman said she checked her notes and her transcript and then mentioned to Gorman that she also checked her audio recording. That was a red flag for Gorman.

And that was the first time Ryckman -- who is also a court reporter in a variety of other kinds of court cases, not just grand juries, throughout Western New York -- learned that she couldn't audio record grand jury proceedings.

Ryckman said she did not retain the recording from the Odom proceeding. She had deleted the recording by the time of Gorman's call per her standard procedure. She said once a transcript is done, she backs up the transcript and her notes to an external hard drive. The software she uses asks her if she would like to save the audio recording as well and she always checks "no" in the box. She then deletes the original files from her laptop.

She said she doesn't save the audio recordings because they are no longer needed once the official transcript is done and they take up too much storage space.

She did have audio recordings for Nov. 7 and Jan. 15 (Odom's hearing was in early December) when Gorman called. She had the Jan. 15 recordings because she hadn't finished the official transcript yet for that proceeding. She had no explanation for why she still had Nov. 7 recordings on her computer at the time of Gorman's call.

"I don't know how I missed the backup for Nov. 7," Ryckman told Housh during cross-examination. "I don't know why for some reason it was still on my computer."

Under questioning from Zambito, Ryckman said there is nothing in the final transcript that would indicate an audio recording had been made during the proceedings.

Earlier she testified that she didn't always use the audio recording feature and that she couldn't remember if she used it specifically during the Odom proceeding, and if she did, if she referred to it at all while preparing the final transcript. And if she did make a recording, she couldn't recall specifically deleting it, but if she did make it she deleted it according to standard procedure.

Zambito said he will make a decision on Housh's motions within a couple of weeks.

Friedman noted that Housh has said he is going to file a motion to make raise the character and background of Ray Leach at trial and that no such motion has been filed. In the interest of judicial expediency, Friedman asked that a deadline be set for the motion.

Housh countered that if judicial expediency was at issue, he should be given access to the grand jury transcript prior to the trial. He argued that if standard procedure is followed and he doesn't receive a copy until the first witness takes the stand, then the trial will need to take a recess while he reads the transcript and reviews it with his client.

Zambito ordered Friedman to turn the transcript over to Housh 30 days before the Sept. 30 trial date.

So, one way or another, Housh will soon get the transcript -- either 30 days before the trial, or sooner, if Zambito rules to his favor on his motion regarding the stenographer issue.

The follow person was arrested by the Genesee County Sheriff’s Office during the Breaking Benjamin concert at Darien Lake Performing Arts Center on Aug. 4. He was issued an appearance tickets to appear in Darien Town Court on Aug. 20.

Micah J. Carey, age 32, of 15^th Street, Niagara Falls, was arrested for second-degree harassment and disorderly conduct after allegedly hitting and kneeing another person, and using abusive and obscene language causing public inconvenience.

A fight in progress is reported at Dwyer Stadium. Several juveniles are involved. City police are responding.

Jason H. Freeman, 37, of Hutchins Street, Batavia, is charged with second-degree harassment -- physical contact, and criminal obstruction of breathing -- application of pressure. Freeman was arrested on Hutchins Street at 9 a.m. on July 31 following a complaint that he choked, then threw a bicycle at one of his tenants. He was issued an appearance ticket for Aug. 6 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Stephen Quider.

Candice Sue Tortorice, 35, of Route 20, Darien, is charged with: aggravated driving while intoxicated -- a BAC of .18 percent or higher; DWI; reckless driving; failure to use designated lane; and driving with an obstructed view. On Aug. 3 at 4:25 p.m., following a traffic complaint on Route 20 in Pavilion, Torortice was arrested. She was issued appearance tickets and is due in Pavilion Town Court on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Emily D. Schramm, 33, of Main Road, Stafford, is charged with aggravated family offense -- more than one offense within five years (five counts). On July 17, the GC Emergency Dispatch Center received a report at 10:29 p.m. from a third party of a possible violation of an order of protection. Following an investigation, Schramm was identified and is alleged to have committed second-degree criminal contempt by knowingly violating an order of protection by accepting phone calls from a protected party. Due to her previous conviction for second-degree criminal contempt, the charge was elevated to a Class E felony. She was issued an appearance ticket for Town of Stafford Court and is due there Aug. 6. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by correctional officers at the GC Jail, including Senior Correctional Officer J.A. Smart.

Tonya M. Weber-Jackson, 35, of Highland Park, Batavia, is charged with second-degree obstruction of governmental administration. She was arrested at 1:54 Aug. 4 following an investigation into an unrelated matter outside a Batavia dance studio. She was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Tonya M. Weber-Jackson, 35, of Highland Park, Batavia, is charged with criminal possession of a controlled substance in the seventh degree and criminal use of drug paraphernalia in the second degree. She was arrested at 1:54 a.m. on Aug. 4 following an investigation into an unrelated matter. She was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Stephen Quider.

Robert Lewis Villano, 37, of Oak Street, Oakfield, is charged with endangering the welfare of a child. At 9:17 a.m. on June 17, the GC Emergency Dispatch Center received a report of a suspected overose on Oak Street. Medics on scene requested law enforcement to the scene following their arrival. It is alleged that Villano endangered the welfare of a child due to narcotics in plain view, which was likely to be injurious to the mental, moral and physical welfare of a child in the residence. He was issued an appearance ticket for Oakfield Town Court and is due there Sept. 2. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Kevin J. Weber, 48, of Columbia Avenue, Batavia, is charged with second-degree criminal contempt. He was arrested at 6:48 p.m. on July 28 on Columbia Avenue after allegedly violating a stay away order of protection by contacting the protected party. He was issued an appearance ticket and is due in Batavia City Court on Aug. 6. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Peter Post.

Jesse D. Bowman, 26, of Vine Street, Batavia, is charged with criminal use of drug paraphernalia. Following a traffic stop on Ellicott Street at 5:05 p.m. on Aug. 3, Bowman was allegedly found to possess a crack pipe. He was issued an appearance ticket for Aug. 6 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Christopher Lindsay.

Tony M. Peebles, 52, of Riley Street, Buffalo, is charged with driving while intoxicated -- common law, and aggravated DWI -- a BAC of .18 percent or higher. Peebles was arrested on School Street in Batavia at 12:30 a.m. on July 26. Batavia police were investigating a 9-1-1 hang-up call in the area when Peebles was located and allegedly found to be operating his vehicle while intoxicated. He was processed at the jail and is due in Batavia City Court on Aug. 7. The case was handled by Batavia Police Officer Cowen Mitchell.

Jonathan Patrick Little, 29, of Drake Street, Oakfield, is charged with second-degree forgery and second-degree criminal impersonation. He was arrested on Aug. 3 for allegedly impersonating another person and completing a written instrument by forging another person's name while being processed at the Genesee County Jail at 4:20 p.m. on July 10. He is due in Batavia City Court on Aug. 20. The case was handled by Genesee County Sheriff's Deputy James Stack.

Patricia A. Herzog, 52, of East Main Street, Batavia, is charged with petit larceny. She was arrested at 1 p.m. on Aug. 1 after allegedly stealing property from a grocery store in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Aug. 6. The case was handled by Batavia Police Officer Christopher Lindsay.

The Batavia Police Department is looking for the public's assistance with identifying the suspects in the attached picture.

The suspects were involved in an alleged hit-and-run property damage accident at UMMC on July 29.

UPDATE 11:46 a.m.: The people in the photo have been identified.

Police say, "They have been contacted and rectified the situation."

The following people were arrested by the Genesee County Sheriff’s Department during the Dierks Bentley Concert at Darien Lake Performing Arts Center on Thursday.

Aaron J. Bonn, age 38, of Wagler Avenue, Baden, Ontario, Canada, is charged with second-degree harassment after allegedly pushing another person. 

Zachary L. Kramer, age 18, of Hillbridge Drive, Rochester, is charged with petit larceny for allegedly stealing a bottle of alcohol from within the concert venue.

Mackenzie M. McDonald, age 19, of Teal Drive, Fairport, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return. 

Fourteen people were cited for possession of alcohol under age 21.

A 32-year-old Batavia man went into County Court today facing a certain prison sentence for menacing a police officer with a BB gun but left with a second chance.

The attorney for Brandon Fogg told Judge Charles Zambito that his client had secured a bed-to-bed substance abuse treatment program and asked that he be allowed to enter the program Friday morning for 21 days of treatment. 

Expressing a bit of reluctance, the judge agreed to let Fogg enter treatment, with his mother providing transportation from the Genesee County Jail to the Bradford Regional Medical Center for treatment.

"I'll give you an opportunity to convince me that I shouldn't send you to prison," Zambito said. "That doesn't mean you won't do further jail time and time on probation."

Absent a chance at treatment, Fogg could have reasonably expected to be sent to prison today for one and a half to four years.

"One of the conditions is that you stay in bed-to-bed treatment and follow any recommendations of the program," Zambito said. "If you violate any of the terms of the program you will be brought back here and sentenced and you will be going to prison."

Batavia police officers encountered Fogg on Cedar Street in early June after he trespassed at a location on Ellicott Street. Due to an illegal tire on Fogg’s vehicle as he drove away from the location, officers initiated a traffic stop.

According to police, Fogg attempted to flee the vehicle, but he was taken to the ground by Officer Darryle Streeter. Fogg then removed from his pocket what appeared to be a handgun during the struggle between himself and Streeter.  

An employee of a nearby business came to the aid of Streeter by stepping on Fogg’s wrist, which caused him to drop the BB gun from his grasp. Streeter took Fogg into custody shortly afterward.

Fogg's next scheduled court appearance is Aug. 26 when Zambito will decide whether a prison term is still appropriate or if he should receive less time in the local jail.

A former high school basketball star who got caught with a gun outside the county manager's home on Washington Avenue in November is being released from jail before being sent to prison so he can be at the hospital later this month for the birth of his child.

Judge Charles Zambito granted the unusual request because he promised TeeSean Ayala, 19, the opportunity to be around for the birth of his baby if he cooperated with prosecutors. Today Zambito acknowledge that Ayala kept his promise.

"I'm doing all of this because you did cooperate," Zambito said. "That's part of the bargain."

In May, Ayala entered a guilty plea to a charge of criminal possession 2nd, which carries a mandatory prison sentence with a maximum possible term of 15 years.

The plea also satisfied several charges related to local burglaries.

"If you flee, you will eventually be caught and then you're going to be sentenced to the 15 years," Zambito told Ayala. "If you commit any crimes while you're out, you will be sentenced to 15 years and face enhanced sentencing on those charges."

Ayala said he understood.

When the case was first called a little after 1:30 p.m., there was some discussion between Zambito and the attorneys about whether to adjourn the sentencing of Ayala. Ayala's attorney Richard Shaw started whispering to Ayala and at one point, Ayala became visibly emotional and said loudly, "but it's my first one."  

Shaw continued whispering to Ayala and Zambito asked if he and his client needed to discuss the matter privately. They did so Zambito ordered the case recalled later in the afternoon.

When Ayala came back into court, Zambito said he had been reminded of the promise to allow Ayala to be present for the birth of his child if he kept up his end of the bargain.

Zambito said Ayala isn't to leave his residence for any reason other than going to court or to go to the hospital for the delivery of his child when his fiancée goes into labor.

Ayala is allowed to have visitors but cannot be in contact with Malik Ayala, his brother who is a co-defendant.

Sentencing on the weapon charge is scheduled for 9:30 a.m., Aug. 21.

Paul Ralph Avino, 46, of Ellicott Street, Batavia, is charged with: disorderly conduct; obstruction; resisting arrest; criminal impersonation of police officer in the first degree; and obstruction of governmental administration. Following a complaint at Six Flags Darien Lake at 7:31 p.m. on July 31, Avino was arrested. He was allegedly swearing in a public place; and he allegedly resisted arrest and obstructed governmental administration. He is accused of possessing a police badge and he is not a police officer. Avino was released on an appearance ticket and he is due in Darien Town Court on Sept. 3 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Morgan Ashlee Brown, 25, of Wyoming Road, Wyoming, is charged with third-degree assault. At 9:39 p.m. on July 31, Brown was arrested following the investigation of a domestic incident that occurred on July 25 on Ellicott Street Road in Pavilion. Brown was issued an appearance ticket and is due in Pavilion Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Brittany M. Smith, 27, of Pringle Avenue, Batavia, is charged with second-degree harassment -- making physical threats. She was arrested at 9:26 a.m. on July 29 after allegedly threatening to assault Department of Social Services case workers during a child house visit. She was released on an appearance ticket for Batavia City Court Aug. 6. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Miah Stevens.

Penny B. Hargrave, 52, of Morrow Road, Pavilion, is charged with: driving while intoxicated; failure to keep right; moving from lane unsafely; leaving the scene of a motor-vehicle accident; and refusal to take a breath test. At 11:11 p.m. on July 30 on Ellicott Street Road, Pavilion, Hargrave was arrested, arraigned in Pavilion Town Court and directed to return to court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy James Stack.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with obstruction of governmental administration and illegal use of toxic vapors. Miller was arrested at 3:25 p.m. July 29 on West Main Street in Batavia. He was allegedly located huffing from an aersol can and refused commands to stop the behavior while being taken into custody. He was arraigned in Batavia City Court and jailed in lieu of unspecified bail. He was due to return to court today (Aug. 1). The case was handled by Batavia Police Officer Christopher Lindsay.

Kyle L. Humphres, 33, of Rockefeller Road, Phelps, is charged with second-degree criminal contempt. On July 31 he responded to Batavia Police Department and turned himself in on a warrant stemming from an unspecified incident on Willow Street in Batavia on Feb. 22. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in city court on Aug. 22. The case was handled by Batavia Police Officer Felicia DeGroot.

Christian Saez, 30, of Copeland Street, Rochester, is charged with petit larceny. He was arrested at 11:46 a.m. on July 12 after allegedly attempting to steal seafood from a grocery store. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Hector M. Arroyo, 44, of Mustang Circle, Geneseo, is charged with petit larceny. At 6:36 p.m. on July 29, Arroyo was arrested on East Main Street in Batavia after allegedly shoplifting from a local business. He was jailed in lieu of $1,000 cash or $2,500 bond. He was due to return to Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Jenna Marie Lange, 36, of Mustang Circle, Geneseo, is charged with attempted petit larceny. Lange was arrested after a shoplifting incident at a store on East Main Street Road in Batavia at 6:36 p.m. on July 29. She was issued an appearance ticket and was due in Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Shawntoy L. Pryor, 33, of Stockbridge Avenue, Buffalo, is charged with trespass. The defendant was arrested after allegedly trespassing on private property at 11:50 a.m. on July 12 on East Main Street in Batavia. He responded to Batavia Police Department headquarters and was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Marc Lawrence.

Defense and prosecution attorneys delivered closing statements in a last attempt to persuade jurors to adopt their interpretations of the evidence from the July 24, 2018, murder of Raymond L. Morgan in his 111 Liberty St., Batavia, home.

After five days of the trial and three hours of deliberations, Richard D. Hanes was convicted of murder in the second degree this afternoon. The jury returned a unanimous guilty verdict to a suspense-filled courtroom packed with family members, legal counsel and law enforcement personnel.

Lindsay A. Clemm, 37, of Batavia, was arrested on July 28 following a traffic stop on Route 19 in the Town of Warsaw. Clemm was stopped for allegedly going 56 mph in a 30-mph zone on South Main Street near Jefferson Street in the Village of Warsaw. Multiple other traffic infractions were allegedly observed in the Town of Warsaw while Wyoming County Sheriff's deputes attempted to get Clemm's vehicle to pull over. Clemm allegedly failed field sobriety tests. Clemm's vehicle was towed from the scene and she was taken to the Sheriff's Office where she was evaluated by a drug recognition expert. She was charged with driving while ability impaired by drugs and was processed and released to a third party. She is due in Town of Warsaw Court Aug. 12. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

James K. Penders, 47, of Pavilion, was arrested July 27 following a traffic stop for a loud muffler on Route 19 in the Town of Covington. He was allegedly found to have a revoked license dated June 22, 1996 and an expired license dated March 16, 1995. He was released with appearance tickets for Covington Town Court on Aug. 12. The case was handled by Wyoming County Sheriff's Deputy Adam Hope.

Richard D. Hanes was found guilty by a jury this afternoon of second-degree murder for the killing July 24, 2018, of Ray Morgan at 111 Liberty St., Batavia.

Murder in the second degree is a Class A-1 felony and carries a possible term of life in prison.

Hanes will be sentenced at 9:30 a.m., Aug. 28.

MORE T/K

Press release:

The Le Roy Police Department is requesting assistance in determining the owner of the items depicted in the attached photographs. These items were recovered during the investigation of a rash of larcenies from vehicles, which were entered during the overnight hours in the Village of Le Roy.

If you recognize any of these recovered items, please contact Detective John Condidorio of the Le Roy Police Department at 585-768-2527, ext. 2219.

Proof of ownership may be requested before the property can be released.

A key issue in the July 2018 murder of Raymond L. Morgan — and a crucial piece of evidence that could connect the perpetrator to the 111 Liberty St., Batavia, crime scene — is the description of the man who jumped out Morgan’s window after the bludgeoning attack. 

This pivotal detail caused defense attorney Frederick Rarick to motion for a trial dismissal for his client, Richard D. Hanes, three times yesterday. Rarick argued that without DNA evidence, finger or palm prints or identification of Hanes at the scene, the case is “all speculative as to who that subject is.”

District Attorney Lawrence Friedman responded that eyewitness accounts of Hanes are not needed to overcome the prosecution’s burden of proof. Judge Charles Zambito denied all three of Rarick's motions because “the People have established each and every element of the offense,” so the jury should be able to reach a verdict on Hanes's second-degree murder charge. 

Detective Sgt. Kevin Czora, the last witness called by the prosecution, questioned inconsistencies about the gray sweatpants and green shirt — similar to those of the unidentified suspect — found in Hanes’s bedroom closet at his former 5 Thorpe St., Batavia, house. 

The clothing items recovered from Hanes’s closet did not match either the descriptions given by witnesses or the clothing items shown in surveillance video footage from Southside Deli, Marchese Computer Products and a Goade Park residence.

The videos also captured a man who appeared to be Hanes biking from Liberty Street to Ellicott Street at 11:13 p.m., moments before Batavia PD received a 9-1-1 call to the scene at 11:14 p.m. Czora testified to the possibility that Hanes arrived at 111 Liberty St. unnoticed by making a U-turn on Goade Park and cutting behind the house. 

Rarick called witnesses Michael Elmore, Danielle Case and Bonnie Cortright to attest to their recollections of the man who fled the scene. Elmore said his statement to police was mistakenly based on the premise that the individual who jumped out the window was Morgan. 

“I gave [Batavia PD] a description that resembled Ray Morgan,” Case also told jurors. 

Rebuttal testimony from detectives Matthew Wojtaszczyk and Thad Mart offered evidence against Case and Cortright. The detectives said the suspect was bald and wore sandals despite the women’s claims that the individual had short dark hair and wore sneakers. 

The jury must sort through these contradictory descriptions starting today in Genesee County Court. Jurors will hear closing arguments and elements of the second-degree murder charge before entering verdict deliberations. Hanes can be sentenced to life in prison if convicted.

Justin P. Avino, 26, of Swan Street, Batavia, is charged with second-degree harassment. He was arrested after an investigation allegedly found he physical contact with another person at 4 a.m. July 21 on Swan Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Aug. 8. The case was handled by Officer Peter Flanagan.

Katherine S. Thomas, 46, of Ross Street, Batavia, is charged with trespass. She was arrested after an investigation into a disturbance on Ross Street at 1:11 a.m. on July 26. Thomas was warned to stay away from the scene by police but she allegedly returned a short time later. She was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Sgt. Matthew Lutey.

Dustin Wayne Bogue, 37, address unknown, Buffalo, was arrested on a warrant in which is alleges that the defendant violated an order of protection at 10:38 a.m. on April 5 on Tracy Avenue in Batavia. He was arraigned in Batavia City Court and jailed with unspecified bail. He was due to return to city court on July 28. The case was handled by Officer Peter Flanagan.

Myriam M. Cruz, 36, of Copeland Street, Rochester, and Christian Saez, no age or address provided, are each charged with two counts of petit larceny after allegedly shoplifting from a local business on separate occasions in July. Cruz was released on her own recognizance. Saez was jailed on July 26 in lieu of $500 cash bail or $2,500 bond. Both are due in Batavia City Court on Aug. 1. The investigation was conducted by Batavia Police Officer Kevin DeFelice, assisted by Sgt. Dan Coffey.

Tony J. Aguglia, 39, of Main Street, Clarence, is charged with larceny of beer from a local business at 2:50 a.m. on July 25. He was arrested and processed at the jail, issued an appearance ticket for Aug. 6 in Batavia City Court, and released to his mother. The case was handled by Batavia Police Officer Darryle Streeter.

Defense attorney Frederick Rarick told the court on Friday that he intends to call five witnesses on behalf of his client, Richard D. Hanes, the man standing trial for the July 24, 2018, murder of 47-year-old Raymond L. Morgan. 

Rarick said he plans to bring forward Danielle Case, Michael Elmore, Bonnie Cortright and Hanes’s mother and father. Though the trial will most likely last until Tuesday or Wednesday of next week, Hanes is not anticipated to testify in his defense.

Case made the initial 9-1-1 call to emergency responders after the bludgeoning of Morgan occurred around 11:15 p.m. at 111 Liberty St., Batavia. Case reportedly said “That’s Ray” when an unknown male dropped from Morgan’s second-floor window and fled the scene before he could be identified.

Elmore was the resident of the Liberty Street house who allegedly posted photos of the bloody crime scene to social media before the landlord could secure Morgan’s room. At the time, Elmore apparently posted that Morgan was the killer. 

No major developments arose during the cross-examination of Batavia PD Detective Thad Mart Friday afternoon. District Attorney Lawrence Friedman is expected to call the final witness for the People, Detective Sgt. Kevin Czora, to attest to his account of the murder investigation.

Witness testimony will begin at 9 a.m. Monday in Genesee County Court. Once the prosecution and defense rest, jurors will hear summations and legal elements of the second-degree murder charge before entering verdict deliberations. If found guilty, Hanes faces a life sentence.

Following an investigation at Six Flags Darien Lake, Cunningham was arrested at 6:40 p.m. on July 25 and arraigned in Darien Town Court. He is accused of touching the intimate parts of two individuals less than 14 years of age.

He was jailed in lieu of $2,500 cash bail and is due back in Darien Town Court at 3 p.m. on July 30. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien.

Ricardo Sampel, 50, of Dellinger Avenue, Batavia, is charged with five counts of aggravated family offense -- more than one offense within five years. On July 17, the Genesee County Emergency Dispatch Center received the report of a violation of an order of protection by a third party. Following an investigation, Sampel was identified and is alleged to have committed the crime of second-degree criminal contempt. It is alleged that he knowingly violated an order of protection by contacting the protected party via phone on July 13. Due to his previous criminal history, including criminal contempt convictions, the charge against him was elevated to a Class E felony. The defendant is currently being held in GC Jail on a separate criminal contempt charge. He was arraigned in Batavia City Court and jailed without bail. The investigation was assisted by jail correctional officers, including Senior Correctional Officer J.M. Smart. The investigation was conducted by Genesee County Sheriff's Deputy Ryan DeLong.

Jennifer Jean Greene, 46, of Tennyson Terrace, Williamsville, is charged with second-degree criminal contempt. At 4:45 p.m. on July 7, deputies responded to Six Flags Darien Lake for the report of a violation of an order of protection. Following an investigation, Greene was arrested. It is alleged that she made physical contact with a person who had a stay away order of protection against Greene. The defendant was arraigned in Darien Town Court and released on her own recognizance. She is due back in Darien Town Court on July 30. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Batavia Police Department detectives' court testimony on Thursday attempted to connect the bludgeoning death of 47-year-old Raymond L. Morgan to Richard D. Hanes, the man accused of murdering Morgan in his Liberty Street residence last July.  

District Attorney Lawrence Friedman called detectives Eric Hill and Thad Mart to testify about their recollections of the events surrounding the July 24, 2018, murder. 

The investigators said lab tests detected Hanes’s DNA on a baseball cap found below Morgan’s bedroom window. Detectives reportedly also found a green shirt and gray pants — similar to descriptions of the unknown perpetrator’s clothes — in Hanes’s blood-covered closet at his former Thorpe Street, Batavia, home. 

The detectives explained to jurors that Morgan’s DNA began to be collected throughout the city following his death. Batavia PD found Morgan’s blood on both the exterior of his bedroom window and the house siding below the room in the hours after the attack. 

Morgan’s DNA was also swabbed from a handlebar grip of Hanes’s bicycle and a hammer on the roof of an Ellicott Street house. Detectives suspect Hanes may have thrown the alleged murder weapon before pedaling back to Thorpe Street. 

Jurors listened as Hill reassembled a text conversation between Morgan and Hanes from the fatal night last July. Although Morgan’s contact information and the text messages did not appear on Hanes’s phone, they were later found in a phone records search by police. 

Hanes apparently texted Morgan “I owe you $395. Imma pay you” around 10:50 p.m. and “Here” at 11:09 p.m, minutes before Batavia PD was called to 111 Liberty St.

Mart told the jury that he had heard loud sirens from emergency responders as he was driving on Main Street before being dispatched to the scene of Morgan's death.

Mart questioned why Hanes said in a July 26, 2018, interview that he did not hear or see responders while traveling on his bicycle in the vicinity of the crime scene. 

“For him to be in the area where he said he was, I find it hard to believe that he would not at least hear the sirens,” Mart said.

Hanes faces life in prison if convicted of second-degree murder. Defense attorney Frederick Rarick will have the opportunity to cross-examine Mart when the trial continues at 2 p.m. today in Genesee County Court.