crime

Josselyn A. Scott, 57, of Back Creek Road, Boston NY, is charged with driving while intoxicated with a previous conviction within the last 10 years, and driving with an open container of alcohol in a motor vehicle while on the highway. Scott was arrested at 5:31 p.m. March 10 for felony DWI and drinking in her car after she was allegedly observed leaving the scene of a property-damage accident on the Thruway, then seen sitting in the parking lot of 200 Oak St., Batavia, with her vehicle running. She was arraigned in Batavia City Court then jailed without bail. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Timothy D. Eastridge, 41, of Chestnut Street, Batavia, is charged with: endangering the welfare of a child; unlawful possession of marijuana; and criminal possession of a weapon in the fourth degree -- previous felony conviction. Eastridge was arrested following a Child Protective Services home visit at 11:24 a.m. on March 8. Eastridge allegedly had smoked marijuana in close proximity to his children and he was allegedly found to possess a .22-caliber rifle. He was issued an appearance ticket and is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Stephanie M. Hartgrove, 30, of Chestnut Street, Batavia, is charged with endangering the welfare of a child. She was arrested at 11:24 a.m. on March 8 after a Child Protective Services investigation where Hartgrove allegedly allowed her live-in boyfriend to smoke marijuana in close proximity to "their children in common." She was issued an appearance ticker and is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

On March 10, the Le Roy Police Department arrested 22-year-old Andray P. Bair of Thorold, Ontario, Canada (inset photo) and charged him with one count each of: vehicular assault in the first degree (a Class D felony); vehicular manslaughter in the second degree (a Class D felony); driving while intoxicated and driving with a BAC of 0.08 percent or more (unclassified misdemeanors); speed not reasonable and prudent and moving from lane unsafely (violations).

The charges stem from a fatal motor-vehicle accident, which occurred on Feb. 24 at about 3:30 a.m. at the intersection of Wolcott Street and Clay Street (Route 19) in the Village of Le Roy when the vehicle Bair was driving left the roadway and struck the house at 79 Clay St.

The vehicular manslaughter charge alleges that Bair, while operating a motor vehicle and as a result of intoxication or impairment by the use of alcohol, operated a motor vehicle in a manner that caused the death of Handel Jamal Love, age 22, also of Canada, by veering his vehicle out of the driving lane and crashing it into the house.

The charge of vehicular assault alleges that Bair, while operating the motor vehicle while intoxicated and as a result of such intoxication or impairment, operated the motor vehicle in a manner that caused serious physical injury to more than one person, specifically the two passengers, Anuoluwa T. Makinwa, age 22, of Canada, and Handel Jamal Love, by veering the vehicle out of the driving lane and crashing it into the house.

At the time of the collision, Love was pronounced dead at the scene, while Bair flown to Strong Memorial Hospital by Mercy Flight and Makinwa was transported by ground ambulance to Strong Hospital.

Bair was released from the hospital on March 10 and arrested and arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $25,000 cash/$50,000 bond.

Makinwa was transferred from Strong Hospital to a Canadian hospital for continued medical treatment.

The Le Roy Police Department was assisted at the scene by the Le Roy Fire Department, Le Roy Ambulance Service, Caledonia ambulance, Mercy Flight Ground Ambulance and Helicopter, New York State Police Crash Management, Genesee County Sheriff's Office, Genesee County Coroner and the Genesee County District Attorney's Office.

     Shane Zimblis

Shane Zimblis, 48, of South Swan Street, Batavia, turned himself into the Batavia Police Department on March 9 on a warrant out of Batavia City Court. He is accused of damaging property belonging to another person and causing injury to another person by use of a baseball bat at 12:15 p.m. Feb. 19 on South Swan Street, Batavia. He is in GC Jail charged with: second-degree harassment; fourth-degree criminal mischief; second-degree assault -- injury with a weapon; and criminal possession of a weapon with intent to use. The case was handled by Batavia Police OfficerJason Ivison.

A 17-year-old male who lives on Ellicott Avenue in Batavia is charged with endangering the welfare of a child. He was arrested on March 9 for allegedly hitting an 11-year-old male with a piece of wood, causing physical injury. The incident occurred on Maltby Road in Oakfield at 3:20 p.m. on Feb. 28. He is due in Oakfield Town Court at 6 o'clock this evening (March 11). The case was investigated by Genesee County Sheriff's Deputy Mathew Clor.

Monica Jane White, 20, of Sunset Park, Oakfield, is charged with issuing a bad check. On March 8, following the investigation of a bad check, White was arrested, issued an appearance ticket, and is due in Town of Oakfield Court at 6 p.m. on March 25. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. John Baiocco.

Douglas Antwon Spencer IV, 37, of Park Road, Batavia, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; open container; and unlicensed operation. Spencer was arrested on Park Road after being found sitting in his vehicle in the middle of the GC Sheriff's Office parking lot entrance with an open container, allegedly driving while intoxicated. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Sgt. John Baiocco.

Woodrow C. Horseman, 42, of Porter Avenue, Batavia, is charged with petit larceny. On March 8, Batavia police responded to Tops Market in Batavia for a reported larceny. Responding patrols located the suspect on West Main Street and Woodrow Road. He allegedly stole three alcoholic drinks. Horseman was issued an appearance ticket and is due in Batavia City Court on March 12. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Benjamin Jacob Skubis, 24, of Colby Road, Darien, is charged with third-degree bail jumping. Skubis voluntarily turned himself into Alabama Town Court on March 7. He was due there for an unspecified incident on June 7. He was released on his own recognizance and is to reappear in Alabama Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Thomas Sanfratello.

Joseph W. Freeman, 34, no address noted, is charged with failure to appear. He was arrested Feb. 27 on a bench warrant issued Jan. 31 for an unspecified incident. Freeman was released on his own recognizance was due to return to Batavia City Court on March 5. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Frank Klimjack.

Karaya D. Cummings, age 29, Black female 5’4” 130 lbs., black hair brown eyes, LKA Griffith Street Rochester, NY

 

Bench warrant for criminal possession of a controlled substance 5^th PL 220.06-1 (Felony)  Genesee County Court DOW 10/3/18

Antonio J. Goodson, age 28, Black male, 6’2” 155 lbs., black hair brown eyes, LKA Wood Street Batavia, NY

 

Bench warrant for criminal contempt 1^st  PL 215.50-3 (Felony) Genesee County Court DOW 2/15/19

Robert J. Moulthrop, age 51, White male, 5’11” 170 lbs, bald with hazel eyes, LKA Alexander Street, Rochester, NY

 

Bench warrant for DWI/Drove W/.08% BAC or more VTL 1192-2,3 (Misdemeanor) Byron Town Court DOW 2/12/18

 

 

Donald H. Piechocki, age 54, White male, 5’11” 150 lbs., brown hair blue eyes, LKA Cattle Drive Kissimmee, FL

 

Arrest warrant for DWI/Drove W/.08% BAC or more VTL 1192-2,3 (misdemeanor) Alexander Town Court DOW 10/11/05

Ramon A. Quinones  AKA Casilla R. Quinones, age 24 Hispanic male, 5’6” 150 lbs., black hair brown eyes, LKA 8170 Batavia-Stafford TL Road Batavia, NY

 

Bench warrant for petit larceny PL 155.25 (misdemeanor) Batavia Town Court DOW 2/9/16

 

Arrest warrant for bail jumping 3^rd PL 215.55 (misdemeanor) Batavia Town Court DOW 10/26/17

Scott E. Staubitz,  age 37, White male blond hair, hazel eyes, 5’10” 170 lbs., LKA Union Road, Cheektowaga, NY

 

Bench warrant for criminal possession of a controlled substance 7^th PL 220.03 (Misdemeanor) Darien Town Court DOW 10/18/18

 

Arrest warrant for bail jumping 3^rd PL 215.55 (misdemeanor) Darien Town Court DOW 12/4/18

 

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

Axel E. Antongiorgi-Colon, 32, of Prospect Street, Lockport, is charged with second-degree criminal mischief. On Dec. 8 at 10 p.m. on Main Road in Pembroke, the defendant allegedly damaged a vehicle in the parking lot of his ex-girlfriend's residence. He is due in Pembroke Town Court on March 21 to answer the charge. The case was handled by Genesee County Sheriff's Investigator Christopher Parker, assisted by Deputy David Moore.

Cynthia H. Owens, 43, of Rochester Street, Bergen, was arrested on March 4 on three separate outstanding bench warrants out of Batavia City Court. She was also charged with three separate counts of third-degree bail jumping. Owens was arraigned in city court then jailed with bail set at $5,000 cash or bond on each warrant. She was due back in city court on March 7. The case was handled by Batavia Police Officer Nicole McGinnis.

Nicole M. Albrecht, 35, Pleasant Street, Le Roy, is charged with petit larceny. She was arrested for allegedly stealing a television from Target at 1:27 p.m. on Feb. 8. She is due in Batavia Town Court at 1 p.m. on March 14 to answer the charge. The case was handled by Genesee County Sheriff's Investigator Christopher Parker.

Douglas Mitchell Smith, 39, of Tara Drive, High Point, N.C., is charged with aggravated unlicensed operation of a motor vehicle in the third degree. Smith was arrested on a bench warrant out of Town of Alabama Court after he failed to answer a summons to appear in court Jan. 31 for allegedly operating a motor vehicle while his privilege was suspended in New York. He was arraigned on March 7 and sentenced to time served. He is to reappear in Alabama Town Court on Oct. 3 to pay his fines and surcharges. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Zachary G. Garigen-Johnstone, 22, or Birch Circle, Rochester, is charged with unlawful possession of marijuana, running a red light, unregistered motor vehicle and uninspected motor vehicle. Garigen-Johnstone was stopped at 12:44 a.m. on East Main Street in Batavia for a traffic violation. Upon further investigation, he was allegedly found to have a grinder containing marijuana and a marijuana pipe. He was processed roadside and issued three traffic tickets. He was released on an appearance ticket and is due in Batavia City Court to answer the unlawful marijuana charge on March 26. The case was handled by Batavia Police Officer Miah Stevens, assisted by Jason Davis.

Joshua Patrick Johnson, 21, of Redfield Parkway, Batavia, is charged with unlawful possession of marijuana and a window tint violation. He was arrested following a traffic stop at 9:42 p.m. March 2 on Lewiston Road in Batavia. He was released on an appearance ticket and in due in Town of Batavia Court on March 18. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Michael Lute.

      Quinton Spinks
      (2010 photo)

Quinton L. Spinks, 33, thanked Judge Charles Zambito in County Court today for the state prison time he was about to receive on a drug-dealing conviction.

"I would like to say first, I apologize to my family and to the community for my actions," Spinks said. "I would also like to thank you for this time because I was out there hurting myself and hurting my family. I appreciate the time to rehabilitate myself and get my life back on the right path and back to doing the right thing."

Under the terms of a plea agreement reached in April, when Spinks admitted selling drugs to agents of the Local Drug Task Force, his sentence was capped at two years in state prison. Zambito said he was bound by that agreement and handed down that sentence.

This will be the second stint for Spinks in state prison for selling drugs in Genesee County. He was arrested in 2010 and committed in 2012 to two years in prison on a criminal possession of a controlled substance, 5th, conviction.

Spinks also faces federal charges in Maine, where he is named in an indictment along with several other individuals. In the federal indictment, he is named in only count one of the indictments, for conspiracy to distribute a mixture of heroin and cocaine.

As part of his sentence, Spinks must make a $200 restitution payment to Genesee County for payments he received from an agent of the Local Drug Task Force.

Ranelle E. Reuben is accused of driving while intoxicated, a Class D felony. It is alleged that on Dec. 18 she drove a 2010 Dodge on Route 5, Route 98 and Batavia-Elba Townline Road while intoxicated. In count two, she is accused of aggravated DWI, per se, for having a BAC of .18 percent or more at the time. In count three, she is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while her driver's license was suspended or revoked and while she was intoxicated. In count four, she is again accused of aggravated unlicensed operation -- for driving without a license while knowing it was withdrawn because she refused to submit to a chemical test, and while she was under the influence of alcohol or a drug. In count five, the defendant is accused of circumvention of an interlock device for driving a vehicle which was not equipped with a court-ordered ignition interlock device. In count six, Reuben is accused of following too closely in violation of vehicle and traffic law. It is alleged in count six that Reuben followed another vehicle more closely than was reasonable and prudent, in regard to speed, traffic and roadway conditions. In Special Information filed by the District Attorney, Reuben is accused of having been convicted of DWI as a Class E felony on Dec. 20 2012 in Genesee County Court. That conviction forms the basis for the suspension or revocation referred to in count three of the current indictment; and she knew or had reason to know about the 2012 conviction and the subsequent loss of her driver's license.

Rodney S. Schwartz is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 25 in the Town of Alexander that Schwartz drove a 2014 Ford on Route 20 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day without a driver's license, which had been suspended or revoked. In count three, Schwartz is accused of second-degree obstruction of governmental administration, a Class A misdemeanor. It is alleged in count three that he intentionally obstructed, impaired or perverted the administration of law or other governmental function by means of intimidation, physical force or interference, or by any independently unlawful act. In Special Information filed by the District Attorney, Schwartz is accused of having been convicted of DWI, as a Class E felony, on April 16, 2010 in Supreme Court, City of Buffalo, Erie County and that conviction forms the basis of the suspension or revocation referenced in the current indictment.

Trisha A. Park is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on Nov. 30 in the Town of Le Roy that Park drove a 2012 Chevrolet on Wolcott Street while her ability to do so was impaired by the use of a drug and while a child 15 years of age or less was a passenger. In count two, she is accused of driving while ability impaired by drugs, as a misdemeanor. In count three, she is accused of endangering the welfare of a child by knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

A woman has been struck by a vehicle on Judge Road and police are in pursuit of the vehicle.

The pursuit apparently started in Orleans County before the woman was struck.

Alabama fire and Mercy EMS are responding to Judge Road.

The vehicle has reportedly returned to Orleans County. Genesee County units are not pursuing the vehicle into Orleans County but have advised patrols in Orleans County of its location.

No word on whether the woman struck suffered serious or non-serious injuries.

UPDATE 11:47 p.m.: Dispatchers are checking on the availability of Mercy Flight.

UPDATE 11:50 p.m.: Orleans patrols lost sight of the vehicle.

UPDATE 11:59 p.m.: The vehicle has apparently been located. Genesee County units told they can stand down. Report from the accident scene, Mercy Flight can stand down.

UPDATE 12:47 a.m.: The vehicle was impounded by State Police and the woman was transported to ECMC.

Brian Wilson, 30, no address noted, of Corfu, was arrested on two counts of reckless endangerment after deputies say he was driving in wintry conditions without his headlights on. Wayne County Sheriff's deputies said he drove without headlights in two separate incidents on Route 104 and Lake Avenue in Williamson early this morning in the predawn hours (March 4). Deputies allege he was driving at a high rate of speed on Lake Avenue. Both of those incidents, deputies say, took place before sunrise and during snowy weather conditions, with roads covered in snow. Wilson was put in Wayne County Jail on $250 cash or $500 bond.

Armando M. Teruel, 35, of Black Spruce Court, Amherst, is charged with second-degree contempt. He was arrested on Feb. 25 on a Batavia City Court warrant. He is accused of violating a stay away order of protection that was issued on May 13 by contacting the protected party. He was released on his own recognizance. The case was handled by Batavia Police Officer Jason Ivison.

Spencer Alan Luthart, 22, of Mill Street, Middleport, is charged with: driving while intoxicated -- first offense; DWI with a BAC of .08 percent or more; unlawful possession of marijuana; operating a motor vehicle without an inspection certificate. Luthart was arrested at 1:32 a.m. on March 3 on Wolcott Street in Le Roy after he was stopped for alleged traffic and vehicle violations. He was issued an appearance ticket and is due in Le Roy Town Court on April 11. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Jenna Ferrando.

Aiken R. Ahdeosun, 20, of Ellicott Avenue, Batavia, was arrested March 1 by Batavia police after he was spotted walking on Thorpe Street. He had a bench warrant out of Batavia City Court for failure to appear on a charge of petit larceny that occurred at 1:30 p.m. on Jan. 18 at the M&T Express Mart at 100 W. Main St. in Batavia. He was also charged with bail jumping back in September for failing to appear in court on another matter in August. After his arraignment, he was jailed in lieu of $5,000 cash or $10,000 bond. He was due to return to city court today (March 4). The cases were handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Stephen Quider.

Joseph W. Freeman, 34, no address provided, is charged with petit larceny. He was arrested at 10:27 a.m. on Feb. 27 at Tops Market in Batavia after allegedly shoplifting. He was arraigned in Batavia City Court and found to have a bench warrant issued Jan. 31 for failure to appear concerning an unspecified incident. After arraignment, he was jailed in lieu of bail and is due in city court on Tuesday (March 5). The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Frank Klimjack.

County patrols have been told to be on the lookout for a 2007 blue Hyundai Sonata​ that was reported stolen at about 12:30 p.m. from the parking lot of Walmart.

The driver who left in the vehicle is described as a white male, late 40s or early 50s, wearing a white jacket.

The vehicle was last seen southbound on Route 63.

Michael L. Jackson, 38, no address provided, was charged at 10:45 a.m. on Dec. 3 with aggravated unlicensed operation of a motor vehicle in the second degree and unlicensed operation of a motor vehicle. He was arrested at or near the JCPenney store in Batavia City Centre, arraigned in Batavia City Court and released on his own recognizance. He was to appear in city court at 9 a.m. on Jan. 10 to answer the charge. Then at 7:30 p.m. on Dec. 18, he was arrested at the Sav-A-Lot grocery store on Ellicott Street in Batavia and charged with petit larceny. He was also to appear in city court at 9 a.m. on Jan. 10 to answer the second charge. When he failed to appear at the appointed time in city court to answer the charges, an arrest warrant(s) was issued for him. He was subsequently arrested on the warrant(s) by the Genesee County Sheriff's Office and turned over to Batavia police. After his arraignment at 4:47 p.m. on Feb. 25, he was jailed in lieu of an unspecified amount of bail and is due in city court Thursday (Feb. 28). The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Felicia DeGroot.

Othello Garwo, 19, of Halford Street, Rochester, is charged with: operating a motor vehicle while registration suspended; unlawful possession of marijuana; unlicensed operator; and driver's view obstructed. At 2:26 a.m. on Feb. 26, Sheriff's deputies conducted a traffic stop on Clinton Street Road in Stafford (Route 33) and Garwo was arrested on the charges. He was issued an appearance ticket and is due in Stafford Town Court on March 28. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Andrew Mullen.

       Daryl Leach

A robbery at the Speedway at Oak and Main in Batavia was reported at about 9:55 p.m., Tuesday.

Det. Eric Hill said Daryl Leach, 37, of State Street, Batavia, has been identified as the suspect and taken into custody.

Leach, who is currently on parole, made off with an undisclosed amount of cash.

The suspect was found at a location on Swamp Road and taken into custody with the assistance of NYS Parole and the Sheriff's Office.

It's believed Leach acted alone.

Nobody was hurt in the robbery.

In October 2003, Leach was sent to prison by a judge in Livingston County on a 12- to 15-year sentence on convictions for grand larceny, 4th, attempted robbery, 1st, attempted assault, 1st, and robbery, 3rd. He was released from prison in July with parole lasting into 2023. He also had an attempted robbery conviction in 1999.

Brian Andrew Simpson II, 38, no permanent address, is charged with: promoting prison contraband in the first degree, which is a felony; criminal possession of a controlled substance in the seventh degree; criminal use of drug paraphernalia in the second degree; driving while ability impaired by drugs; unlawful possession of marijuana; and a window tint violation. At 11:04 a.m. on Feb. 12, Simpson was stopped on Ellicott Street in the City of Batavia following the alleged observation of a vehicle and traffic violation. After an investigation, the defendant was allegedly found to be driving while impaired by drugs. After Simpson's arrest, he was processed at the Genesee County Jail and allegedly found to possess drug paraphernalia and a white powdery substance identified as cocaine. Simpson was arraigned in Town of Batavia Court and jailed without bail. In the same incident, his passenger was charged with unlawful possession of marijuana: Walter S. Bennett, 29, no address noted, of Rochester, was issued an appearance ticket for City of Batavia Court. The case was investigated by Deputy Ryan DeLong, assisted by Deputy Lonnie Nati, and other members of the Genesee County Sheriff's Office, including Corrections officers.

Paul G. Avery, 41, of Indian Falls Road, Pembroke, is charged with: driving while intoxicated; aggravated DWI wwith a BAC of .18 percent or more; throwing trash on a highway; driving left of pavement marking; and failure to keep right on a highway with four lanes or more. Avery was arrested at 9:21 p.m. Feb. 23 on West Main Street Road in Batavia following a traffic stop. Avery is due in Batavia Town Court on March 21. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Dpeuty Lewis Henning.

Nathan S. Bowes, of Buffalo Street Road, Alexander, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; and moving from lane unsafely. He was arrested at 6:41 p.m. on Feb. 23 following the investigation of a motor-vehicle accident in the Town of Alexander. He was released on an appearance ticket and is due in Alexander Town Court on March 19. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Travis DeMuth.

Joseph Dimitri Rivera, 36, of Cole Avenue, Gates, is charged with unlawful possession of marijuana. Rivera was arrested on the charge at 4:30 p.m. Feb. 24 on Lake Avenue in Bergen following a traffic stop. He is due in Bergen Town Court on March 13. The case was handled by Genesee County Sheriff's Deputy James Stack.

Kelly Anne Vanbortle, 32, of Parkwood Lane, Hilton, is charged with unlawful possession of marijuana. It is alleged that she possessed a quantity of marijuana and a glass smoking pipe with burnt marijuana residue following a traffic stop at 5:14 p.m. Feb. 23 on Clinton Street Road, Bergen. She was issued an appearance ticket and is due in Bergen Town Court on March 13. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Phillip P. Heale, 40, of Linwood Avenue, Batavia, is charged with aggravated unlicensed operation in the second degree and inadequate or no stop lamps. Heale was arrested at 3:54 p.m. on Feb. 17 on Cedar Street in Batavia after he was allegedly observed driving a vehicle and he has a suspended driver's license. Additionally, he was ticketed regarding the stop lamps. He was arraigned in Batavia City Court and is due to return there at a later date. The  case was handled by Batavia Police Officer Stephen Quider.

Michael E. Weichman, 24, of Pratt Road, Batavia, is charged with petit larceny and criminal possession of a hypodermic instrument. Weichman was arrested at 12:30 p.m. on Feb. 23 at Tops Market in Batavia after he allegedly attempted to leave the store with a cart full of items which he did not pay for. He was also allegedly found in possession of a hypodermic instrument at the time of his arrest. He is due in Batavia City Court on Tuesday, Feb. 26. The case was handled by Batavia Police Officer Mitchell Cowen.

Brittany L. Bolton, 18, of Cedar Street, Batavia, is charged with petit larceny. She was charged after a complaint of a larceny of a gold chain from a vehicle. The defendant turned herself in at Batavia Police Department headquarters and was processed. She was issued an appearance ticket for Batavia City Court and is due there Tuesday, Feb. 26. The case was handled by Batavia Police Officer Darryle Streeter.

      Darius L. Jones        Lynda Harris

The Genesee County Local Drug Enforcement Task Force announced the arrest of three people on Friday morning on Hutchins Street in the City of Batavia.

Arrested were:

• Darius AKA "D" L. Jones, 27, of Dewey Avenue, Rochester, who is charged with criminal possession of a controlled substance in the third degree, a Class B felony, and criminal possession of a controlled substance, 7th, a Class A misdemeanor;
• Lynda Harris, 59, of Hutchins Street, Batavia, who is charged with criminal possession of a controlled substance in the third degree, a Class B felony, and unlawful possession of marijuana, a violation;
• and Jenna M. Morrill, 25, of Hutchins Street, Batavia, who is charged with criminal possession of a controlled substance, 7th, a Class A misdemeanor.

On Feb. 22, the Drug Task Force and the Batavia Emergency Response Team executed a search warrant at a residence on Hutchins Street. Subsequently, Jones was allegedly found in possession of a quantity of fentanyl, crack cocaine and U.S. currency. Harris was allegedly found in possession of a quantity of crack cocaine and marijuana. Morrill was allegedly found to possess a quantity of crack cocaine and she was issued an appearance ticket.

Jones and Harris were arraigned in Batavia City Court. Then Jones was put in Genesee County Jail with no bail and Harris was released under supervision of Genesee Justice.

The Drug Task Force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. It investigates the possession, transportation and sale of narcotics locally.

Members were assisted by Batavia police officers, the Batavia Emergency Response Team and the Genesee County District Attorney's Office.

Kayleigh Marie Perez, 29, of Cone Street, Batavia, is charged with two counts of fourth-degree grand larceny, a Class E felony. She was arrested on Feb. 21 for two crimes. In the first incident, she allegedly stole a debit card from Walmart at 7:49 p.m.. on Jan. 13 and used it at several locations. Perez was released on an appearance ticket returnable to Batavia Town Court on March 7. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Mathew Clor. In the second incident, she allegedly stole a credit card from a resident who lives on Main Street in Oakfield. She was also released on an appearance ticket for that and is due in Oakfield Town Court on March 11. The Oakfield case was handled by Deputy James Stack, assisted by Deputy Minuto.

Jeremy Ryan Eaton, 41, of Ellicott Street, Batavia, is a registered Level 2 sex offender who is on parole and is accused of failure to register a change with authorities as specified in NYS Correction Law 168-F, Section 4 (Must register within 10 days any change of residence, employment, Internet account access provider, enrollment or attendance at any institution of higher education.) Eaton was being held in GC jail on a parole violation at the time of his arrest on Feb. 4. Following his arraignment in Batavia City Court, he was put back in jail with no bail. He is due in city court again at 11 a.m. on March 21. The case was handled by Batavia Police Det. Eric Hill.

Christian Dean Boyce, 55, of Watson Road, Elba, is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; unlicensed driver; operating a motor vehicle out of class; and unregistered motor vehicle. At about 8:30 a.m. on Feb. 9, Boyce was arrested following a traffic stop on North Byron Road in Elba. It is alleged that the defendant had an arrest warrant and a bench warrant out of Town of Elba Court and that he was operating a tractor-trailer without a license. Boyce was recognized by Genesee County Sheriff's Deputy Jeremy McClellan, who initiated the traffic stop. Boyce was arraigned in Town of Batavia Court and put in jail in lieu of $500 cash bail. He was due in Town of Elba Court on Feb. 20 to answer the charges. Deputy McClellan was assisted in the case by Deputy Christopher Erion.

Jill M. Turner, 36, of Burke Drive, Batavia, is charged with dog running at large. It is alleged that she allowed her dog to run at large onto her neighbor's property on Burke Drive at 5:19  p.m. on Feb. 17. Turner is issued an appearance ticket and is due in Batavia City Court on March 5. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer James Sheflin.

      Richard Hanes

At an evidence hearing today in the murder case proceedings against Richard D. Hanes, his defense attorney argued that Judge Charles Zambito should not allow his client's mobile phone and its content to be presented to a jury if the case goes to trial.

Hanes, 36, is accused of beating to death Raymond Morgan on July 24 at 111 Liberty St. Batavia.

According to court testimony today by Det. Thad Mart, Hanes showed up at the Batavia PD headquarters and presented himself to police for questioning without being summoned there. At the time, he wasn't a suspect and police had yet to obtain DNA, fingerprints or palm prints that linked him to the case.

The interview with Hanes was videotaped and that evidence was also submitted to the court today (though not played in court).

Mart said on the stand that Hanes does not confess to the murder during the interview nor did he implicate himself while at the police station.

It was during the interview at Batavia PD that parole officers who supervised Hanes showed up and the officers took his mobile phone, apparently, in connection with an alleged parole violation. The parole officers then turned the phone over to a Batavia PD patrol officer.

Defense attorney Fred Rarick argued that if the phone was linked to an actual parole violation, parole officers would have kept it as evidence in that case and would not have turned it over to a police officer.

Rarick argued that the police didn't have probable cause to seize the phone and that parole taking the phone and giving it to police is an attempt to circumvent the need for a warrant.

"There is no probable cause because we don't know why he was arrested on a parole violation," Rarick said. "If there was something on his phone relative to his parole, they would have retained possession of that phone."

District Attorney Lawrenece Friedman said there is no evidence that parole and police communicated about the phone prior to the police obtaining it, that there is no evidence of any agreement for the officers to work togther to obtain the phone.

"It's all very speculative," Friedman said. He added later, "It really doesn't matter why a parole officer took the phone because they were not acting as an agent for the police."

He compared it to a private citizen obtaining the phone, walking out with it and then deciding to hand it over to police.

Outside of court Friedman said he couldn't discuss the significance of the phone to the case.

There is reportedly DNA evidence that links Hanes to the crime scene and investigators have said they believe the murder was premeditated.

Zambito said he will reserve his decision on the admissibility of the phone until a later date. Hanes is scheduled for another court appearance at 2:45 p.m., March 13.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is calling for all (54) state prisons to remain open and operating today amid a subtle announcement by the governor late Friday to close three unspecified New York prisons.

The plan was buried in a release of Gov. Cuomo’s 30-Day Amendments as changes to his Executive Budget proposal.

“Closing any state prisons would have dire consequences for public safety and the brave correctional officers who work with our incarcerated population,” Hawley said. “By consolidating the prison population, we run the risk of double bunking inmates and exacerbating the high number of violent attacks against corrections officers we have seen in recent years.

"This is not about a declining prison population, this is about the governor scrambling to save money to cover up his $2.3 billion budget shortfall – a terrible solution for an even worse self-inflicted problem.”

Darnel J. Tillmon is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Aug. 2 in the Town of Le Roy that Tillmon acted with intent to prevent a police officer -- a New York State trooper -- from performing a lawful duty and his actions caused serious physical injury to the officer. In count two, Tillmon is accused of second-degree assault, a Class D violent felony, by acting intentionally to prevent the officer from performing a lawful duty and his actions caused physical injury to the officer. In count three, Tillmon is again accused of second-degree assault for allegedly recklessly causing serious physical injury to the trooper by means of a deadly weapon or instrument, in this case a motorcycle. In count four, the defendant is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person -- the trooper. In count five, the defendant is again accused of third-degree assault for acting with criminal negligence, causing physical injury to the trooper by means of a deadly weapon or dangerous instrument -- the motorcycle. In count six, Tillmon is accused of reckless endangerment in the second degree, a Class A misdemeanor, for allegedly recklessly engaging in conduct which created a substantial risk of serious physical injury to another person. In count seven, Tillmon is accused of the crime of unlawfully fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count seven that Tillmon knew he had been directed to stop his motor vehicle by a uniformed police officer or a marked police vehicle by the activation of either lights or lights and sirens, and he attempted to flee by engaging in reckless driving. In count eight, Tillmon is accused of resisting arrest, a Class A misdemeanor, for allegedly intentionally preventing or attempting to prevent an officer from arresting himself or another person. In count nine, Tillmon is accused of the crime of third-degree escape, a Class A misdemeanor, for escaping from custody. In count 10, Tillmon is accused of failing to comply with the lawful order of a police officer or flagperson. It is alleged in count 10 that the defendant drove a 2006 Kawasaki and failed or refused to comply with the lawful order or direction of a police officer or flagperson duly empowered to regulate traffic. In count 11, Tillmon is accused of the offense of improper passing for operating the Kawasaki and overtaking or passing another vehicle on the right shoulder of the NYS Thruway. In count 12, Tillmon is accused of moving from lane unsafely, a violation of Vehicle and Traffic Law, by riding the Kawasaki on a roadway divided into clearly marked lanes and failing to drive within a single lane and moving from a lane without regard to doing so safely. In count 13, Tillmon is accused of unsafe starting, a violation of Vehicle and Traffic Law, by moving the Kawasaki, which had been stopped, standing or parked, without first determining if movement could be made with reasonable safety. In count 14, Tillmon is accused of failing to use signal lamps, contrary to Vehicle and Traffic Law, by riding the Kawasaki and changing lanes or entering an exit ramp of the Thruway without using signals by hand and arm, or signal lamps. In count 15, Tillmon is accused of speeding for operating the Kawasaki that summer day at a speed greater than was reasonable and prudent under the conditions and without regard to the actual and potential hazards at that time. In count 16, Tillmon is accused of speeding for operating the Kawasaki at 135 mph in a 65-mph zone. In count 17, Tillmon is accused of reckless driving, a violation of Vehicle and Traffic Law, for operating the Kawasaki on I-90 in a manner which unreasonably interfered with the free and proper use of a public highway or unreasonably endangered users of a public highway.

Erica R. Leach is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Aug. 24 in the Town of Darien that Leach knowingly and unlawfully possessed a controlled substance: cocaine with a weight of 500 milligrams or more.

Latashia M. Sanchez is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Oct. 18 in the Town of Stafford that Sanchez drove a 2011 Chevrolet on Main Road -- Route 5 -- while intoxicated. In count two, she is accused of DWI, per se, as a misdemeanor, for having a BAC or .08 percent or more at the time. In count three, Sanchez is accused of first-degree aggravated unlicensed operation, a Class E felony. It is alleged in count three that Sanchez knew or had reason to know that her driving license was suspended and that she was driving without a license while intoxicated. In count four, she is accused of driving her vehicle in excess of 55 mph. In Special Information filed by the District Attorney, the defendant is accused of having been charged with DWI, per se, in Town of Le Roy Court on July 31. The prosecution of that crime forms the basis for the suspension referred to in count three. As a result of the prosecution, her license was suspended at 2 p.m. on Oct. 18 and was therefore in effect at 5:19 p.m. Oct. 18, when she allegedly violated the laws resulting in the current indictment.

Jeffery C. Rogers is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Aug. 25 he drove a 2011 Chevrolet with Tennessee plates on West Main Street in the City of Batavia while intoxicated. In count two, Rogers is accused of aggravated  DWI, per se, as a Class E felony, for allegedly having a BAC of .18 percent or more at the time. In count three, Rogers is accused of exceeding the maximum established speed limit. In Special Information filed by the First Assistant District Attorney of Genesee County, the defendant is accused of having been convicted of driving under the influence, as a misdemeanor, on April 13, 2015, in General Sessions Court, Knox County, Tenn. That conviction was within 10 years previous to the crimes alleged in the current indictment.