crime

      Quinton Spinks
      (2010 photo)

A former Batavia resident who was arrested on drug dealing charges in August of 2017 will be allowed to miss his County Court date for sentencing because it will conflict with federal prosecution he's facing in Maine.

Until recently, local authorities were unsure where Quintin L. Spinks, 34, had gone. He was located in a federal detention facility in Maine where he faces an indictment involving other individual accused of dealing drugs and trafficking in weapons.

Spinks, in the federal indictment, is named in only count one of the indictments, for conspiracy to distribute a mixture of heroin and cocaine.

Attorney Thomas Burns told Judge Charles Zambito in County Court today, where Spinks appeared, escorted by state corrections officers, that his client sought a delay in sentencing for "strategic" reasons related to his pending federal case and a pending case in Monroe County.

While the delay might help his other cases, it may mean he can't make it back for his sentencing once those cases are resolved, so today he waived his appearance for his eventual sentencing. He will allow Burns to accept a sentencing on his behalf.  

How the delay might help Spinks with his federal case was not discussed in open court.

Under a plea agreement, he can expect a prison term of under two years but there is no cap on his post-release supervision. He will also be required to pay the standard fines and make a $200 restitution to the county before he is sentenced.

He was arrested by the Local Drug Task Force on two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

He was arrested by federal authorities in Maine in June. His co-defendants are Rashaad McKinney, Deondray Warren, Sharoz Haywood, and Demario Boler. All face drug charges but McKinney and Warren also face federal weapons charges for making straw purchases of firearms -- buying guns using a fake name.

No date was sent for Spinks to be sentenced.

A person is apparently chasing a bike-theft suspect northbound on Walnut Street, Batavia.

There's no description of the bike thief.

UPDATE 8:43 p.m.: Police are out with the original caller on Walnut Street. No word on the bike thief.

UPDATE 8:48 p.m.: The suspect was last seen westbound on Main Street riding a pink and purple Roadmaster 10-speed.

Photo of two additional dogs that Welch had. Both are at the county animal shelter.

Suspected puppy abuser Brandon Welch made his first court appearance yesterday afternoon since his arrest Oct. 18.

The 23-year-old, who lives in an apartment on East Main Street in the city, was granted bail at his preliminary hearing.

It was requested by his private counsel, Frank Ciardi, on the misdemeanor charges of falsely reporting an incident in the third degree (for claiming he found the starving puppy); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog.

Ciardi, whose criminal defense practice is based in Rochester, advocated his client's suitability for bail by noting that Welch has no criminal history, he's lived here two years and was employed in Churchville at the time of his arrest.

To Ciardi's right stood his diminutive client, silent and stoop shouldered; shackled and wearing orange jail uniform, with his head nearly shorn bald and his brown beard neatly trimmed.

City Court Judge Robert Balbick set Welch's bail at $5,000 cash or $10,000 bond, which was not opposed by First Assistant District Attorney Melissa Cianfrini.

The question of bail for the Class D felony charge of making a terroristic threat was deemed null and void after two witnesses could not get here in time to testify. The charge was brought after investigators learned that the defendant allegedly said he would shoot the next cop who came to his home.

Two female witnesses were to be served with orders of protection from Welch, subpoenaed and brought from the "other side of the state" to Batavia to testify about the threat they allege Welch made against law enforcement. That failed to happen by 11:30 a.m. yesterday.

As of the day before -- Tuesday afternoon -- Welch's case was docketed for 1:30 p.m. Wednesday. Yet the pair of witnesses was apparently scheduled to give statements earlier -- in the morning -- and the deadline could not be met.

The first district attorney said not only were orders of protection requested, and subpeonas sought, but the people requested all of Welch's firearms to be turned over; she was concerned that only two of three known weapons were recovered in Welch's apartment by law enforcement after they got a search warrant.

Judge Balbick said there was no order on file concerning the firearms.

Cianfrini said she had supporting depositions showing that the defense was asked to turn over all weapons and ammunition.

"He freely handed over the weapons he had there," replied Ciardi.

But a third weapon, a rifle which Cianfrini referred to as a "30-'ott'-6" -- which is a caliber, a size of cartridge (.30-06) that is used in various kinds of weapons and is powerful enough to take down a moose -- was not recovered.

The rifle and ammo were missing and a rifle case was "found empty," she said, adding that this made the people uncomfortable because Welch had been seen in possession of the rifle.

Ciardi then asked: "Why would he turn over two weapons and not all three?"

He added that if Welch is released -- he makes bail -- he will advise him to turn over all weapons.

To ensure their costs are covered, a security bond application was filed with the Genesee County Sheriff's Office by Animal Control to recoup costs to shelter, feed and care for Welch's pets.

An emaciated 9.2-pound pit bull mix pup now known as "Opal" was brought to Batavia Police after it was found in Stafford Oct. 4. A tipster later led police to Welch. 

Three other animals in his care were subsequently seized from Welch's home: a bearded dragon lizard, which, like Opal, is now in foster care; and two other mixed breed dogs, which Welch told Judge Balbick are part boxer and part German shephard, respectively. The canines appear healthy, albeit lean, and are at the shelter. They have an eager-to-please, energetic disposition.

Under Article 26 of the state Agriculture and Markets Law, the shelter is eligible to be reimbursed at a rate of $10 per animal per day for any seized animal in its custody, plus vet bills. Vet bills in Welch's case to date stand at $837.38 and counting.

The bond application sought was for more than $4,500, according to Animal Control.

Because Welch forfeited ownership of all four creatures, repayment for costs incurred and vet bills will not be sought and the security bond application was vacated.

Welch's next city court date is 1:30 p.m. on Tuesday, Oct. 30, for discovery on the misdemeanor counts and pre-trial motions.

Inset photo above right: This is an example of the kind of lizard -- a bearded dragon lizard -- Welch kept before relinquishing ownership Wednesday. It is not a picture of the one that belonged to Welch.

Ronnie L. Calloway, 24, of Hutchins Place, Batavia, is charged with third-degree assault. He was arrested on Oct. 23 after city police responded to 22 Hutchins Place. He was jailed on $2,500 bail and was due in Batavia City Court this morning (Oct. 25). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Felicia DeGroot.

Renee L. Sweet, 36, of Prestige Crossing, Batavia, and Danielle E. Winter, 29, of Park Street, Alden, were arrested at 1:58 p.m. on Oct. 20 on East Main Street in Batavia and charged with disorderly conduct. They were allegedly observed by two Batavia Police officers engaging in a physical altercation outside. They are due in Batavia City Court on Oct. 30. Sweet's case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Arick Perkins. Winter's case was handled by Officer Perkins, assisted by Officer Cowen.

Thomas Allen Griffin, 31, of Ellicott Place, Batavia, is charged with second-degree criminal contempt. He was arrested Oct. 22 after allegedly violating a stay-away order of protection at 12:06 p.m. on Oct. 20 by being at the residence of the protected party. He was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Christopher Lindsay.

Katty Lee Jackson, 22, of East Main Street, Batavia, was arrested on a warrant for failing to appear in court on a ticket for criminal trespass. She was arraigned, then released on her own recognizance and is due in Batavia City Court on Nov. 8. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Felicia DeGroot.

Harry R. Silliman, 54, homeless, is charged with second-degree criminal contempt for an alleged violation of a court order. At 4:57 p.m. on Oct. 19, Silliman was arrested for allegedly violating an order of protection. He was arraigned in Batavia City Court and jailed in lieu of $1,000 bail. He was due back in court on Oct. 22. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Chad Richards.

An unidentified individual broke into Chesley's Auto Service & Tire two nights ago and removed items from the business, according to Batavia PD.

Investigators are asking the public's assistance in identifying the individual.

The person who broke in approached Chesley's through the parking lot of a neighboring business, smashed a window out at Chesley's and entered the building.

What items were removed is not being released at this time.

Anyone with information in reference to the case may contact Detective Thad Mart at 585-345-6372 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

A 23-year-old City of Batavia man suspected of starving and neglecting a puppy found by a Good Samaritan in Stafford on Oct. 4 has been arrested.

Brandon Joseph Welch was arrested in the afternoon on Oct. 18 at his residence, 679 E. Main St., apt. 4H, and jailed without bail for allegedly making a terroristic threat to police, among other charges.

Batavia police executed a search warrant at his apartment in connection with the animal abuse case of a pup Volunteers for Animals at the shelter dubbed "Opal." That animal is now in foster care.

According to Batavia Police Det. Eric Hill, police got the warrant after receiving a tip from a witness.

Welch initially told police that he had found the puppy, a fawn-and-white colored female weighing only 9.2 pounds when rescued. The dog was not able to stand on its own and was covered in urine and feces, and was severely dehydrated and malnourished.

The police investigation determined Welch was "supposed to be caring for the dog," Hill said.

Welch said "he was going to shoot the next police officer who came to his apartment," Hill said, and police recovered firearms in Welch's possession.

Welch is charged with making a terroristic threat, which is a Class D felony, as well as falsely reporting an incident in the third degree (for claiming he found the animal); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog.

He was arraigned the same afternoon, last Thursday, and is due in Batavia City Court tomorrow, at 1:30 p.m. on Wednesday, Oct. 24.

The case was investigated by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Opal, meanwhile, is looking like a different creature since she's been in foster care and received veterinary care and some decent nutrition. The pictures below -- sitting up smart and standing up strong on all fours, -- were sent to us yesterday by Volunteers for Animals. (Love those ears! Note the wagging tail!)

John Wesley Mitchell Jr., 44, (above photo) of South Main Street in Oakfield, is charged with failure to provide sustenance. He was arrested at his residence on Oct. 19 on three counts of failure to provide sustenance, a misdemeanor under Section 353 of the state Agriculture and Markets Law. It is alleged that Mitchell deprived two canines of appropriate housing. It is also alleged that Mitchell deprived one of the canines of physical care. Mitchell was issued appearance tickets returnable to the Town of Oakfield Court. He is due there at 6 p.m. on Monday, Nov. 5. The case was investigated by Genesee County Sheriff's Deputy Travis DeMuth.

Richard Anthony Dekenipp, 50, of Fayette Street, Palmyra, is charged with petit larceny. Following a larceny investigation at a business on Ledge Road in the Tonawanda Indian Reservation, Dekenipp was arrested at 4:28 p.m. on Oct. 19. He allegedly stole a carton of Seneca Menthol cigarettes at 3:43 p.m. on Oct. 14 by passing all points of purchase without paying. He was released after being issued an appearance ticket for Town of Alabama Court, where he is due on Nov. 7. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Erik Andre.

As a matter of precaution, the county's Emergency Response Team was called to a residence on Lewiston Road in the Town of Batavia early this morning to help arrest two men who were accused of threatening another person in the Town of Alabama earlier in the morning.

The incident meant Route 63 was closed to all traffic, and residents in the area were told to shelter in place, from about 5:30 a.m. until 10 a.m.

Taken into custody were Kevin M. Fossum, 52, and Charles L. Beach, 50. Both were charged with aggravated harassment, 2nd, and menacing, 2nd.

Fossum is the primary resident at the house where he was arrested, and Beach is apparently a friend and a roommate.

Fossum is accused of threatening a person over the phone at about 2:30 a.m. and then a short time later showing up at that person's home in Alabama with Beach and making specific threats against that person. That person claims Fossum possessed a firearm during the confrontation.

Since that subject knew Fossum, deputies responded to his residence on Lewiston Road. They approached with caution because of the possible presence of a firearm. 

When deputies did not make contact with the men inside, even though Fossum's car was in the driveway, ERT was dispatched.

Sgt. Andrew Hale said Fossum has become known to deputies recently because of other calls to his residence. He is a retired Army Ranger and a black belt.

"He has serious credentials," Hale said.

Hale said that because of the possibility of a firearm, Fossum's recent behavior, and Fossum's background, ERT and extra officers were called in as a matter of caution, not that an actual threat was made against officers or a more serious immediate conflict.

At some point, while the incident progressed, Fossum, apparently unaware of the police presence, got in his vehicle with an apparent intent to leave the residence. At that point, he was taken into custody.

Officers were unable, however, to make contact with Beach. They were unsure of what Beach was doing inside the house. He could very well have been sleeping, Hale said.

Eventually, officers made contact and Beach exited without incident and was taken into custody.

A search warrant was obtained, and the house, yard, and car were searched. No weapons were recovered.

Neighbors told investigators, Hale said, that Fossum was not known to possess firearms.

Fossum was jailed on $7,500 bail, and bail for Beach was set at $5,000.

The Sheriff's Office was assisted by Batavia PD, ERT, the Orleans County Emergency Response Team, and the State Police.

No injuries were reported in the incident.

Haley M. Merrill, 26, of East Main Street, Batavia, is charged with: 10 felony counts of second-degree forgery; 10 felony counts of first-degree offering a false instrument for filing; and 10 Class A misdemeanor counts of second-degree criminal impersonation. On Oct. 13, Merrill was arrested in the Town of Alexander on charges of criminal possession of stolen property in the fourth degree and criminal possession of stolen property in the fifth degree. Upon entering GC Jail, it is alleged that Merrill provided false information -- a false identity -- in an attempt to benefit herself. On Oct. 16, she was arrested and arraigned on charges pertaining to false identification and then jailed without bail. She was due back in Batavia City Court on Oct. 17. The case was investigated by Deputy Ryan M. DeLong and Senior Correction Officer Matthew Burgett, assisted by Deputy M. Lute, Deputy K. McCarthy, Deputy K. Forsyth and Deputy J. McClellan.

Ryan Matthew Norton, 44, of Bloomingdale Road, Alabama, is charged with aggravated DWI, and DWI. At 11:20 p.m. on Oct. 14 on Alleghany Road, Alabama, deputies responded to the report of a motor-vehicle accident in the Town of Alabama. They located a vehicle with heavy front and side damage. Deputy Ryan Young located the operator walking away from the vehicle. Following an investigation, it is alleged that Norton was driving while intoxicated and his blood alcohol level was above .18 percent. It was determined that Norton allegedly struck a parked car in Orleans County before being stopped in Genesee County. He is due in Alabama Town Court on Nov. 14 to answer the charges. Deputy Young was assisted by Deputy Andrew Mullen in this case.

Eric Charles Dockstader, 34, of Council House Road, Tonawanda Indian Reservation, is charged with second-degree criminal contempt. On Oct. 13 at about 2:48 p.m., deputies responded to Meadville Road in the Town of Alabama for a report of a violation of a court order of protection. Dockstader was subsequently arrested. He was issued an appearance ticket and is due in Town of Alabama Court on Nov. 1. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

John J. Saddler, 31, of East Main Street, Batavia, is charged with violating an order of protection. Saddler was arrested at 9 p.m. on Oct. 14 on Watson Street in Batavia and arraigned in Batavia City Court on the charge. He was jailed on $2,500 cash bail or $5,000 bond. The defendant is due in court Oct. 23 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Todd J. Pangrazio, 42, of Pleasant View Drive, Lancaster, is charged with failure to appear in court after an appearance ticket was served. He was served with an appearance ticket after failing to go to court after being issued a ticket following a traffic stop in March 4 in the City of Batavia. He was arraigned on Oct. 17 and jailed on $1,000 cash or bond. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Chad Richards.

Iszon C. Richardson, 18, of Lewis Place, Batavia is charged with: criminal contempt in the first degree -- with physical contact; criminal obstruction of breathing / blood circulation; burglary in the second degree -- illegal entry of a dwelling; resisting arrest; and fourth-degree criminal mischief. Richardson was arrested following an investigation into a domestic violence incidence that was conducted by Officer Lawrence. The defendant is accused of illegally entering the residence of a protected person on Jackson Street in Batavia at 12:34 p.m. on Oct. 14. The victim has a stay-away order of protection against Richardson, who is accused of choking that person and damaging property. Richardson was located in the area by Officer Ivison and Officer DeFelice. Richardson resisted arrest and fled on foot before being apprehended a short time later. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Catherine Mucha.

Michael Lettice, 71, of Lehigh Station Road, Henrietta, is charged with grand larceny, second-degree forgery, and issuing a bad check. On Oct. 12, Lettice was arrested for allegedly fraudulently endorsing two checks on May 21. He was arraigned and put in Genesee County Jail without bail. He was due in City Court on Monday (Oct. 15). The case was investigated by Batavia Police Officer Catherine Mucha.

Mitchell Merrill, 33, and Haley Merrill, 26, both of East Main Street, Batavia, are charged with: five counts each of criminal possession of stolen property in the fourth degree; and four counts each of criminal possession of stolen property in the fifth degree. They were arrested following an investigation by the Genesee County Sheriff's Office following a report of larceny to a vehicle at 12:40 a.m. on Oct. 14 in the Village of Alexander. They were allegedly found in possession of stolen property consisting of five credit cards and other personal property taken from multiple vehicles throughout the village. Mitchell is being held in GC Jail without bail; Haley is held on $5,000 cash bail or $10,000 secured bond. Both were due back in Alexander Town Court this afternoon (Oct. 16). The investigating officers were: Sgt. John Baiocco, Deputy James Stack and Deputy Andrew Mullen.

Carlos Edward Guevara, 45, of Highland Parkway, Batavia, is charged with third-degree assault. It is alleged that at 9:38 p.m. on Oct. 6 that Guevara became combative and began attacking an Emergency Medical Technician who was rendering aid to Guevara. The defendant had been found unresponsive, lying on the sidewalk on Hutchins Street. He is due in City Court on Oct. 23 to answer the charge. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Isaiah J.A. Munroe, 28, and Chercal A. Smith, 23, both of Batavia, were arrested on Oct. 13 on Bank Road in the Town of Middlebury in Wyoming County. Wyoming County Sheriff's deputies stopped to check on a vehicle parked in a parking area off of Bank Road. Munroe was the male driver of a 2014 Hyundai Sonata that was found parked with the engine running; Smith of the front-seat passenger. The odor of marijuana was allegedly detected by the deputies as they approached the vehicle. A subsequent search of the vehicle led to the discovery of three OxyContin pills; one tramadol pill, and concentrated cannabis -- all controlled substances. Smith was also allegedly found to have concealed two pill bottles in her bra containing marijuana and marijuana blunts. Both occupants of the vehicle were arrested and the Sonata was towed. They are charged with three counts each of criminal possession of a controlled substance in the seventh degree. Smith was additionally charged with unlawful possession of marijuana. They were arraigned in Village of Warsaw Court and both were jailed with bail set at $500 cash or $2,500 bond apiece. They are due in Town of Middlebury Court on Oct. 22. Wyoming County Sheriff's Sgt. Colin Reagan handled the case.

Luis A. Ramos-Mercado, 34, of South Main Street, Batavia, was arrested Oct. 16 at 9 a.m. on a bench warrant out of city court. It was issued after he failed to appear for: having a suspended vehicle registration; operating a motor vehicle while his registration was suspended; and having an unregistered motor vehicle. He was arraigned and jailed on $1,000 bail. He had a second bench warrant, also out of city court, for failure in appear on a charge of second-degree criminal trespass. His bail on that was set at $2,500. Ramos-Mercado had a third bench warrant out of city court and it was for failing to appear on a charge of using drug paraphernalia in the second degree. Bail for this was also set at $2,500. The defendant is due in city court on Oct. 18 on all three cases. Batavia Police Officer Arick Perkins handled the cases.

Daniel B. Cochran, 63, of East Bethany, was arrested at 11:38 p.m. on Oct. 9 for: DWI; aggravated DWI; moving from lane unsafely; refusal to take a breath test; and unlawful possession of marijuana. Troopers in Wyoming County arrested him after a traffic stop on Route 20A in the Town of Orangeville. He allegedly failed to maintain his designated lane while driving, prompting the traffic stop. He failed multiple standard field sobriety tests and was transported to State Police Barracks in Warsaw for processing, where he allegedly had a BAC of .18 percent. Cochran was issued traffic tickets for the Town of Orangeville Court and is due there on Oct. 24.

Aaron Lee Klein, 47, of State Street, Batavia, was arrested at 1:40 a.m. on Oct. 15 on Monclair Avenue, Batavia City police responded there for a report of a disturbance and arrested Klein after it was discovered that an order of protection was in place, requiring that Klein stay away from the address. He was arraigned and jailed on $5,000 cash bail or bond and is due in city court on Oct. 18. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Darryle Streeter. He is also charged with criminal use of drug paraphernalia in the second degree and endangering the welfare of a child less than 17, stemming from an incident on Sept. 9, and that case was handled by Batavia Police Officer Jason Ivison.

Marissa S. Adams, 19, of West Main Street Road, Batavia, is charged with fourth-degree criminal mischief. She was arrested at 2:50 p.m. on Oct. 15 on State Street in Batavia after she allegedly took a phone out of the hand of a person attempting to contact police and threw it on the ground, causing it to break. She was issued an appearance ticket and is due in city court on Oct. 23. The case was handled by Batavia Police Officer Jamie Givens.

Steven David Smires, 23, of Clay Street, Le Roy, is charged with trespass. At 2:07 p.m. on Oct. 10, Genesee County Sheriff's deputies responded to Route 19 in the Town of Le Roy for a trespass complaint. After an investigation, Smires was arrested. He allegedly entered a house on Warsaw Road in Le Roy and remained unlawfully in the backyard of a residence. He was issued an appearance ticket and is due in Le Roy Town Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Tiesha Deon Doward, 32, of Pearl Street, Batavia, is charged with petit larceny. She was arrested at 4:01 p.m. on Oct. 10 on East Main Street in Batavia following an incident at Dollar General. It is alleged that Doward entered the store, selected two items from shelves in the store then proceeded to the cash register, where she indicated the intent to return those items using a receipt from several days prior. She was issued an appearance ticket by city police and is due in coity court on Oct. 23. The case was handled by Batavia City Police Officer Chad Richards.

Justin T. Gladney, 29, of North Spruce Street, Batavia, was arrested on a bench warrant on Oct. 11 for failing to appear in court. He was arraigned and jailed in lieu of $1,000 bail. Gladney was due back in city court on Oct. 15. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Jamie Givens.

Mark J. Spath, 48, of Rochester, was arrested by Troopers out of SP Batavia Barracks at 11:55 a.m. on Oct. 10 for criminal possession of marijuana in the fourth degree, no seat belt, and uninspected motor vehicle. Troopers stopped Spath on State Route 19 in the Town of Bergen for no seat belt. While speaking to Spath, the operator, Troopers allegedly detected the odor of marijuana emanating from the vehicle. Spath was placed under arrest after Troopers searched the vehicle and allegedly found Spath to be in possession of approximately 7.76 ounces of marijuana. Spath was transported to SP Batavia where he was issued an appearance ticket for the Town of Bergen Court later this month.

Travis L. Bartz, 23, of Buell St., Batavia, is charged with unlawful possession of marijuana. At 8:58 p.m. on Oct. 12 on Trumbull Parkway in Batavia, Bartz was arrested for allegedly possessing marijuana. He is due in Batavia City Court on Nov. 6 to answer the charge. Also on Oct. 12, Bartz was arrested on an outstanding bench warrant for failure to appear in city court on a charge of unlawful possession of marijuana stemming from August. He was released on his own recognizance until his next court appearance Nov. 6. The cases were handled by Batavia Police Officer Catherine Mucha, assisted by Officer Christopher Lindsay.

A 40-year-old Batavia woman accused of supplying* cocaine to an agent of the Local Drug Enforcement Task Force on two separate occasions was sentenced on reduced charges this afternoon in Genesee County Court.

Denielle Mancuso, who lives on West Main Street Road, will serve three years probation, to run concurrently, on two misdemeanor counts of criminal possession of a controlled substance in the seventh degree.

Before sentencing, Mancuso's lawyer, public defender Lisa Kroemer, asked to read the judge's copy of the presentencing report, which she apparently had not seen yet.

She then synopsized the document by saying it states that Mancuso successfully completed a yearlong "judicial diversion program" and "did everything that was expected of her" during the interim probationary period.

So much so in fact that Kroemer said her client was a "nonsubject of discussion" during staff updates. When her name came up, it was "next" -- let's move on -- because Mancuso's reports were "stellar."

Before sentencing, Judge Charles Zambito said he'd read the presentencing report with its laudable notations and said Mancuso had earned the benefit of her good behavior with a judicial diversion contract that, with its successful completion, reduced four felonies to the pair of misdemeanors cited above.

In addition, she would get one year shaved off probation immediately for time already served in the diversion program. And if she continues on the positive path she's on and comes back in a year and asks the judge to terminate her probation, he will most likely grant her wish, Zambito said. Thus, supervision by the Probation Department could potentially end a year from now. Otherwise, Mancuso's probation is set to expire Oct. 16, 2020.

Kroemer asked for a waiver of a six-month suspension of Mancuso's driver's license, per the presentencing recommendations. The attorney said her client doesn't have anyone to chauffeur her around, and she's self-employed and needs to help her husband with his business, which requires her to buy vehicles and go to the DMV Office regularly. Also, she has a son to shuttle to various sports and activities.

Assistant District Attorney Kevin Finnell offered no resistance to the request for a waiver, and Judge Zambito agreed to it.

Next, Kroemer asked for new language in the defendant's sentencing paperwork that states she is to stay away from places where alcohol is served; language should be added to that stipulation "unless otherwise approved by the Probation Officer." That's because, Kroemer said, Mancuso sometimes goes to places like a racetrack for her son's sporting events and alcohol is served there.

Again, the judge agreed to accommodate Mancuso's attorney's request and add the language.

The judge imposed standard fees: $50 for the DNA database; $175 for the misdemeanor convictions; and $25 for the crime victims' assistance fund.

Zambito asked the chestnut-haired Mancuso, dressed in black slacks and a fitted black blazer over a maroon knit top, if she would like to say anything to the court and she quietly declined.

A Grand Jury indictment was originally issued in this case in June 2017. Mancuso faced four felony counts: two counts of criminal sale of a controlled substance, 3rd; one count of criminal possession of a controlled substance, 3rd; and one count of first-degree criminal nuisance. She was jailed on $25,000 bail or $50,000 bond. 

In September of last year, the people offered a plea deal for one count of criminal possession of a controlled substance, fifth, with "shock-cap" probation -- six months in jail or four months of intermittent incarceration, followed by five years of probation.

Mancuso's attorney countered by asking that the defendant be evaluated for judicial diversion, which Judge Zambito granted.

Now with Mancuso's judicial diversion contract completed triumphantly, Zambito said he agreed she had done well and he congratulated her for it.

* "Supplying" not necessarily selling.

A male was tased about 10 minutes ago after a foot pursuit by police in the area of State Street and Lewis Place. We didn't hear what prompted the chase. After being tased, he ran into a residence on Lewis Place.

Deputies were also called to the scene.

John M. Grabowski is indicted for the crime of predatory sexual assault against a child, a Class A-II felony. It is alleged that on Feb. 16, 2016, in the Town of Oakfield that Grabowski commited first-degree rape -- he being age 18 or older and the victim with whom he is accused of engaging in sexual intercourse was less than 13 years old. In counts two, three, four, five, six, seven, eight, nine and 10, the defendant is accused of second-degree rape, a Class D violent felony. It is alleged in those counts that the adult defendant engaged in sexual intercourse with a person less that 15 in the Town of Oakfield, respectively, on: May 22, 2016; July 4, 2016; Feb. 27, 2017; May 22, 2017; July 4, 2017; Thanksgiving Day (November) 2017; Christmas Day (December) 2017; and Feb. 27, 2018. In counts 10, 11 and 12, Grabowski is accused of third-degree rape, a Class E felony, for allegedly engaging in sexual intercourse as an adult male with three other persons less than 17 on these respective dates in the Town of Oakfield: May 22, 2018; July 4, 2018; and July 23, 2018. In count 13, he is accused of criminal sexual act in the third degree, a Class E felony, for allegedly engaging in oral sexual conduct without the person's consent, and that was due to some reason other than incapacity to consent. In count 14, Grabowski is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count 14 that the defendant knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 and did so between Oct. 1, 2016 and July 24, 2018, in the Town of Oakfield.

Trametrias L. Scott is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on May 27, 2018 in the Town of Bergen, that she drove a 2005 GMC on Route 33 in the Town of Bergen while in an intoxicated condition. In count two, Scott is accused of aggravated DWI, per se, as a Class E felony. It is alleged in count two, that she had a BAC of .18 percent or more at the time. In count three, the defendant is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that Scott knew, or had reason to know, that her driver's license was suspended, revoked or otherwise withdrawn by authorities at the time and that she was under the influence of alcohol or a drug at the time. In count four, she is accused of circumventing an ignition interlock device, a Class A misdemeanor, for driving the GMC which was not equipped with this device she was required to have. In Special Information filed by the District Attorney's Office, Scott is accused of having been convicted of DWI, as a misdemeanor, on Aug. 5, 2016, in the City of Rochester Court, and that conviction was within 10 years of the crimes alleged in the current indictment.

Thomas Dale Young, 38, of Ellicott Street, Batavia, is charged with: criminal sex act in the third degree -- being age 21 or more with a victim less than 17; criminal sexual act in the first degree -- by forcible compulsion; and sex abuse in the first degree -- contact by forcible compulsion. Young was arrested at 4:58 a.m. on Oct. 9 after allegedly committing the crimes for which he is charged. Batavia police were called to a residence on Ellicott Street for an incident that had recently occurred. After an investigation, Young was arrested, arraigned and put in jail in lieu of $50,000 bail or $100,000 bond. He was due in City Court on Wednesday. The case was investigated by Batavia Police Officer Felicity DeGroot, assisted by Officer Nicole McGinnis.

Susan Ann Samanka, 55, of West Main Street Road, Batavia, is charged with a sex offender registry violation. She was arrested at 10 a.m. on Oct. 10 at 4054 W. Main Street Road, Room #7, in Batavia following an investigation for allegedly failing to register her change of address. The registered sex offender was issued an appearance ticket for Town of Batavia Court and is scheduled to appear there on Nov. 1. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Jamie L. Edenholm, 31, of Gabbey Road, Corfu. She was arrested at 4:13 p.m. on Oct. 5 on Richmond Avenue in Batavia and charged with: driving while ability impaired by drugs; criminal possession of a controlled substance in the seventh degree; possession of a hypodermic needle; criminal use of drug paraphernalia; and failure to keep right. The arrest was made after a car vs. telephone pole accident. She was issued appearance tickets and is due in City Court on Nov. 7. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Frank Klimjack.

Katty L. Jackson, 22, of East Main Street, Batavia, is charged with second-degree criminal trespass. She was arrested at 6:45 a.m. on Oct. 8 on Central Avenue in Batavia after previously being told she was not welcome at her ex-boyfriend's residence. She allegedly entered the residence and knocked at the interior door for an extended period of time. She was released on an appearance ticket. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Marc Lawrence.

Elena E. Vega-Vazquez, 36, of Washington Avenue, Batavia, is charged with: aggravated DWI -- with a BAC of .18 percent or more; common law DWI; and failure to keep right. She was arrested at 12:17 a.m. Oct. 5 on Harvester Avenue after a traffic stop for allegedly failing to keep right. She is due in City Court again on Oct. 17. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Stephen Cronmiller.

Joshua D. Sumeriski, 33, of Buffalo Road, Alexander, is charged with unauthorized use of a motor vehicle. He was arrested after allegedly operating a motor vehicle at 1:30 p.m. on Oct. 5 on West Main Street in Batavia without the owner's consent. He was arraigned on Oct. 8 in City Court and put in jail in lieu of $1,000 bail. He was due back in City Court on Oct. 9. The case was handled by Batavia Police Officer Jamie Givens.

Janeen A. Young, 21, of William Street, East Randolph, is charged with petit larceny in connection with an incident which occurred at 11:20 a.m. on Jan. 3 at an apartment on Jackson Street in Batavia. Young was arrested on Oct. 5 on an outstanding City Court warrant. She was arraigned and released on her own recognizance. She is due in City Court again on Nov. 20. The case was handled by Batavia Police Officer Catherine Mucha.

Christopher J. Wiegman, 30, no permanent address, Batavia, is charged with failure to appear. He was arrested on a warrant out of City Court for failure to appear on Sept. 27 in court. He was due in City Court on Oct. 9. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

Brian P. Suttell, 41, of Lake Street Road, Le Roy, is charged with criminal possession of marijuana in the fifth degree. He was arrested at 9:20 p.m. on Oct. 6 on East Main Street in Batavia after police allegedly witnessed him smoking marijuana in a public parking lot in the city. He was issued an appearance ticket for City Court and is due there Oct. 23. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Nicole McGinnis.

Joseph Michael Dispenza Sr., 45, of Maple Street, Batavia, is charged with second-degree menacing with a dangerous instrument. At 7:09 p.m. on Oct. 5 on Oak Orchard Road in Elba, Dispenza was arrested following a report and police investigation of a person threatening people in the woods with a knife. He was issued an appearance ticket and is due in Elba Town Court at 5 p.m. on Oct. 15. The case was investigated by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Austin Heberlein.

David Michael Pierleoni, 32, of Whittier Road, Rochester, is charged with fourth-degree grand larceny. At 5:34 p.m. on Sept. 24, Genesee County Sheriff's deputies responded to Kohl's department store for a larceny complaint. Pierleoni was arrested for allegedly stealing $1,097 in merchandise from the store. He was issued an appearance ticket for 1 p.m. on Oct. 15 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Christopher Parker.

Jon T. Magliocco, 41, of Liberty Street, Batavia, is a registered Level 3 sex offender charged with failure to report a change, in this case, to register an Internet account; first offense. He is required by law to register any change in Internet accounts with the NYS Division of Criminal Justice Service. He was jailed without bail and is due in City Court on Nov. 1. He is currently an inmate of the NYS Department of Corrections and Community Supervision -- Clinton Correctional Facility in Dannemora -- and will remain in their custody. The case was investigated by Batavia Police Investigator Eric Hill.

Gary L. Williams, 26, and Matthew Reed, no age provided, of Hutchins Place, Batavia, are charged with disorderly conduct / using obscene language in public. They were arrested at 3:15 p.m. on Oct. 2 on Hutchins Place after allegedly repeatedly screaming obscenities, racial slurs and threats to harm / murder another person -- all while outside in a public place in the presence of neighbors and a gathering of young children. The men continued screaming obscenities despite being warned by police to stop, according to the police report. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Jamie Givens.

Kyle-Jacob T. Fitzpatrick, 29, of Smyrna, was arrested on Oct. 5 by the Le Roy Police Department and charged with: one count of driving a commercial vehicle while intoxicated, a Class A misdemeanor; one count of driving a commercial vehicle while ability impaired by drugs, a Class A misdemeanor; one count of failure to maintain lane, a violation; and one count of failure to keep right, a violation. At approximately 12:30 p.m. on Oct. 5, patrols received a complaint of erratic operation of a tractor-trailer in the Village of Le Roy. Patrols were able to locate the vehicle and while observing it, the vehicle allegedly failed to maintain its designated lane; this caused oncoming traffic to leave their lane to avoid a collision. After a brief investigation, it is believed that Fitzpatrick was operating the vehicle in an intoxicated state. Fitzpatrick was taken into custody without incident evaluated by a drug recognizant expert. He was arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $500 bail. Fitzpatrick's driver’s license is suspended pending outcome of the charges. Fitzpatrick is to return to the Le Roy Town Court on Nov. 5.

Alecia K. Urban, 32, of Hutchins Street, Batavia, is charged with falsely reporting an incident. She allegedly reported a motor-vehicle accident to a police officer, alleging it occurred at a particular location, time and under different circumstances than what actually occurred. She was arrested at 12:20 p.m. on Oct. 1 and was issued an appearance ticket. Urban is due in city court on Oct. 9. The case was investigated by Batavia Police Officer Jamie Givens.

Dylan M. Conte, 25, of Bacon Street, Le Roy, was arrested on Oct. 5 by the Le Roy Police Department and charged with: one count of burglary in the third degree, a Class D felony; one count of criminal mischief in the fourth degree, a Class A misdemeanor; and one count of petit larceny, also a Class A misdemeanor. In the early morning of Oct. 5, the Le Roy Police Department responded to a complaint of a subject breaking windows on a building located in the Village of Le Roy. Upon arrival, patrols located Conte in the area. After a brief investigation, it is believed Conte allegedly entered the building and took an item that was located inside. Conte also damaged a window located on the building. He was arraigned in the Le Roy Town Court and put in Genesee County Jail in lieu of $10,000 bail. Conte is to return to the Le Roy Town Court on Nov. 5.

Ryan David Shumway, 39, of Jackson Street, Batavia, is charged with disorderly conduct. He was arrested at 2:10 a.m. on Oct. 2 on Jackson Street and issued an appearance ticket for city court on Oct. 9. The case was handled by Batavia Police Officer Kyle Krtanik.

Kevin W. Howard, 18, of Chili Avenue, Chili, is charged with failure to appear. On the afternoon of Oct. 2, Howard turned himself in on an active bench warrant for failing to appear in court. He was arraigned in city court and released under the supervision of Genesee Justice. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Frank Klimjack.

     Amanda  Havens    Thomas Williamee

Two Le Roy residents were arrested early Friday morning after police received a complaint that two children had been given them medication to make them sleep and then left alone at a residence in the village.

Amanda E. Havens, 36, and Thomas C. Williamee, 48, both of Munson Street, Le Roy, were charged with counts of endangering the welfare of a child and criminal possession of a controlled substance, 7th.

The couple is accused of leaving the two children unsupervised.

After receiving the complaint early Friday morning, Le Roy PD responded to the residence and tried to contact anybody who might be inside the residence. After their was no response and considering the nature of the complaint, police officers made forced entry into the residence.

Both children were located alone inside but otherwise unharmed.

The age of the children was not released.

After further investigation, Havens and Williamee were located at another location and taken into custody.

Havens was jailed on $3,000 bail and Williamee was jailed on $2,500 bail.

(Submitted photos) The condition of the abused puppy at the time she was found last night in Stafford.

The public is asked to help law enforcement find the owner of this emaciated puppy found last night on Route 33 and Prole Road Extension in Stafford.

The fawn-and-white colored female weighs only 9.2 pounds. The dog is not able to stand on its own. It was covered in urine and feces. It is severely dehydrated and malnourished.

The puppy was picked up by a Good Samaritan and turned over to the Batavia City PD and the case is now being investigated by the Genesee County Sheriff's Office.

Due to the nature of the wounds present on the puppy, this is being investigated as animal cruelty.

The puppy was immediately examined and treated by a local veterinarian and was being cared for at the Genesee County Animal Shelter with the assistance of the Volunteers for Animals. They have named her "Opal" and she is now in a foster home until she is well enough to be adopted.

If you any ANY information about the owner of this puppy, please contact Sheriff's Deputy Kevin Forsyth at (585) 345-3000, ext. 3233.

Below, "Opal" today, clean and wrapped snuggly in fleece at the vet's office.

Press release:

The Genesee County Sheriff’s Office and the City of Batavia Police Department wish to advise residents that they have received several complaints over the past week involving the theft of articles from vehicles parked in private driveways.

The larcenies have occurred during the overnight hours.

Residents are reminded to keep their vehicles locked and to report any suspicious activity that they observe to 9-1-1.

       Morgan Coles

A Batavia man is a suspect in the theft of guns from a firing range in Bergen and may face federal charges.

Morgan R. Coles, 20, of Jackson Street, was arrested Wednesday at his residence following the execution of a search warrant and he was charged with criminal possesion of a weapon in the first degree for allegedly possessing 10 or more firearms.

Last week, 14 guns were stolen from The Firing Pin. Chief Deputy Jerome Brewster said all of the guns reported stolen were recovered at Coles' residence.

While additional state charges may be pending, particularly those related to the break in at The Firing Pin, Brewster said investigators at ATF, who assisted in the investigation, are also considering federal charges against Coles.

Brewster believes Coles intended to sell the guns rather than stockpile them for himself.

Whether Coles has the contacts to move such merchandise is unclear. Brewster said he had a minimal criminal record.

Asked how investigators came to make an arrest so quickly, Brewster said, "Good police work."

"The right people," Brewster said. "The right individuals.

"I'd be the first to tell you," he added, "we were lucky, but you can't solve anything if you're not out there doing your job, asking questions; but there was a little bit of luck involved, and, yeah, it was good, concentrated police work."

Investigator Brad Mazur led the investigation. Members of the Local Drug Task Force, which is involved in most major investigations, also assisted.

Coles was jailed without bail.

A 29-year-old Darien Center man, Alexander Seegar, has been arrested by federal authorities and charged with receipt and possession of child pornography.

According to a press release from the office of U.S. Attorney James P. Kennedy, Seegar posed as a 16- or 17-year-old boy and sexted 10- to 12-year-old female students in a school in Niagara County. The defendant used the Instagram profile “davidlissachi” to communicate with the girls and ask them for sexually explicit photos.

The complaint also states that Seegar was found in possession of numerous photos containing child pornography.

The charge carries a minimum penalty of five years in prison and a maximum of 20 years and a $250,000 fine.

Seegar appeared in Federal Court before U.S. Magistrate Michael J. Roemer today to answer the charges and enter a not guilty plea.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in Charge Gary Loeffert, and the Lewiston Police Department, under the direction of Chief Frank Previte.