crime

Brenda Yvette Colon-Cruz, 45, of Watson Street, Batavia, is charged with: driving while ability impaired by drugs, as a felony, with two prior convictions within the last 10 years; holding more than one driver's license; and operating an unregistered motor vehicle on a highway. On Sept. 13 at 4:06 a.m., she was arrested following a complaint in the area of Lake Street Road in the Town of Le Roy. She was arraigned then released under supervision of Genesee Justice. She was due back in Le Roy Town Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Charles Kibicho Kairu, 37, of South Valley Lane, Springfield, Mo., was arrested at 6:25 p.m. on Sept. 22 on Main Road in Pembroke following a traffic stop. He allegedly operated a commercial vehicle while intoxicated. He is charged with: unregistered motor vehicle; aggravated unlicensed operation of a motor vehicle in the first degree; DWI -- first offense; aggravated DWI -- having a BAC of .18 percent or more; drinking alcohol in a motor vehicle; and operating with brakes out of service. Kairu was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash or $20,000 bond. He is due back in Town of Pembroke Court on Oct. 4. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Mathew Clor.

Nicholas F. Kerwin, 18, of Route 77, North Java, is charged with third-degree criminal mischief and fifth-degree conspiracy. Following a property damage complaint of damage to a motor vehicle on Molasses Hill Road in Alexander at 1:30 a.m. on June 10, Kerwin was arrested and released on an appearance ticket. He is due back in Town of Alexander Court on Oct. 9. He allegedly caused damage to the vehicle in excess of $250. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Christopher Parker.

Three youths were arrested by the Le Roy Police Department in connection with a nighttime residential burglary in the village on Sept. 10. It was reported by the homeowner that unknown an unknown or persons entered the residence during the late night or early morning hours and stole multiple packs of cigarettes while the resident was sleeping. A follow-up investigation allegedly determined three youths ages 16, 13 and 12 were involved and some of the cigarettes were recovered as evidence. The 16-year-old, who was already on a court-ordered, 24-hour curfew due to unrelated prior criminal conduct, was charged in Le Roy Town Court with one count each of second-degree burglary, a Class C felony, and petit larceny, a Class A misdemeanor. The 16-year-old was jailed and an undisclosed amount of bail was set. The two younger suspects were "petitioned to the Genesee County Youth Court."

Kevin M. Fossum, 52, of Batavia, was arrested by State Police from the Warsaw barracks on Sept. 15 and charged with driving while ability impaired and unlawful possession of marijuana. During a traffic stop on Route 246 in the Village of Perry, troopers detected an odor of marijuana coming from Fossum while being interviwed. Field sobriety tests were issued and he was taken to Warsaw for processing, then issued an appearance ticket for Village of Perry Court at a later date. He was released to a sober third party.

Earlier tonight a caller on State Street reported a disturbance involving a large group of people at State and Lewis with the suggestion "you better send anybody."

Multiple units from Batavia PD, the Sheriff's Office, and State Police responded.

There was no physical altercation though some officers have remained on scene as area residents have continued to mill about in their yards with several people gathered at 131 State St.

At 9:30 p.m., even with officers there, a caller reported to dispatch that there was another disturbance though officers could not confirm any other disturbances in the area.

Witnesses said the disturbance started with a group of youths and then the adults got involved.

That has been the pattern most of the week they said.

The first disturbance was after Friday night's football game.

Police have made no arrests and no injuries have been reported.

A woman with a large bag has reportedly just left the Totem Pole on Ledge Road in Basom with a stash of stolen cigarettes.

The thief jumped into a maroon four-door sedan with a white male driver behind the wheel and headed east on Ledge Road.

Law enforcement is responding to the area to look for the vehicle.

UPDATE 8:43 p.m.: A BOLO (be on the lookout) for the vehicle has been issued to local law enforcement. It is a 2015 Nissan Sentra, color red.

Rachel B. Solomon, no age provided, no residence provided, is charged with two counts of criminal contempt, 2nd, obstructing governmental administration, resisting arrest, and three counts of harassment, 2nd. Solomon was arrested following an investigation in an alleged violation of an order of protection. She was jailed on $2,500 bail or $5,000 bond.

Frank Bergholtz, 41, of Franklin Street, Batavia, is charged with possession of a dangerous weapon. Bergholtz allegedly possessed a knife while at the Probation Department office.

Paul J. Doctor, 40, no permanent address, was arrested on a warrant for alleged failure to appear. Doctor was jailed on $500 bail or $2,000 bond.

Zackary Seeley, 21, of Central Avenue, Batavia, is charged with criminal contempt, 2nd. Seeley is accused of violating an order of protection.

Danny D. Williams, 29, no permanent address, is charged with two counts of criminal contempt, 2nd. Williams allegedly violated two orders of protection during a disturbance on Thorpe Street at 9:41 p.m., Sept. 13.

Joshua D. Beardsley, 29, of Groveland, was arrested on a warrant for alleged failure to appear. Beardsley allegedly failed to appear in City Court on an appearance ticket stemming from a traffic ticket. He posted $250 police bail and was released.

Douglas Scott Sprague, 51, of Judge Road, Alabama, is charged with criminal mischief, 4th. Sprague is accused of breaking items in a residence on Judge Road at 6 p.m. Monday during an argument. He was jailed without bail.

D'andre J. Cramer, 19, of West Main Street, Batavia, is charged with: third-degree burglary; fourth-degree criminal mischief; and petit larceny. Cramer was arrested and arraigned on Sept. 11 following an investigation into a burglary which occurred a year ago this month at a shop in the City Centre mall. He was jailed and bail was set at $5,000. The defendant is due in Batavia City Court on Sept. 20. The case was investigated by Batavia Police Det. Thad Mart.

Rachel M. Penepinto, 27, of Vine Street, Batavia, is charged with second-degree harassment. Penepinto was arrested on Vine Street at 4:20 p.m. on Sept. 15 after being accused of threatening to fight a neighbor and kill their dog. She was released on an appearance ticket and is due in Batavia City Court on Sept. 18. The case was handled by Batavia Police Officer Jason Ivison.

Ryan Matthew Norton, 44, of Bloomingdale Road, Alabama, is charged with fourth-degree criminal mischief and second-degree harassment. Following an investigation into a domestic incident which occurred 8:15 p.m. on Sept. 11 on Bloomingdale Road. Norton was arrested, arraigned and put in jail on $2,500 bail. He is due in Alabama Town Court on Oct. 4. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Danny D. Williams, 29, of Pearl Street, Batavia, is charged with first-degree criminal contempt and second-degree harassment. Williams was located on Thorpe Street in Batavia and arrested following an investigation into an incident which occurred at 3:39 a.m. on Sept. 8 on Wood Street in Batavia. He was jailed on $20,000 cash or bond bail. He is due in City Court on Sept. 20. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

Marissa B. Royse, 28, of South Main Street, Batavia, is charged with: driving while ability impaired by drugs -- combined influence of drugs; following to closely; speed not reasonable and prudent; moving from lane unsafely; and failure to keep right on a two-lane road. She was arrested on Sept. 10 at 11:12 a.m. at 27 Walnut St. in Batavia following an investigation into an accident with injuries. She was issued multiple tickets and released; she was due in City Court this morning (Sept. 17). The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Stephen Quider. Forty minutes later, at 17 Walnut St., she was allegedly found to be in possession of marijuana following the investigation into the personal injury motor-vehicle accident earlier that hour at 27 Walnut St. She is due in City Court on Tuesday, Sept. 18 to answer that charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Marc Lawrence.

Aaron M. Hatt, 22, no permanent address, Batavia, is charged with: unlawful possession of marijuana, criminal obstruction of breathing; criminal mischief in the fourth degree; and second-degree harassment. Hatt was arrested following an investigation into a domestic incident which occurred at 2:30 p.m. Sept. 14 at an apartment on Thomas Avenue, Batavia. He was arraigned and jailed on $2,000 cash bail or $4,000 bond. He was due in Cioty Court this morning (Sept. 17). The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Christopher Lindsay.

Latiqua Shonnel Jackson, 25, of East Main Street, Batavia, is charged with introducing dangerous contraband into prison in the first degree and criminal use of drug paraphernalia in the second degree. On Sept. 10 at about 2:20 p.m., Jackson was being processed into GC Jail. It is alleged that she knowingly entered the jail while in possession of a controlled substance and drug paraphernalia. She was arrested on the charges Sept. 13 and jailed on $10,000 cash bail. She is due back in City Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Susan Mattice.

Joseph Buckley, 57, is charged with having an open container of alcohol in a city park. At 10:23 a.m. on Sept. 12, Buckley was arrested in Austin Park on Jefferson Avenue. He was jailed on $250 bail and was due in City Court on Sept. 13. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Kevin DeFelice.

Scott D. Larnder, 42, Tracy Avenue, Batavia, is charged with failure to appear. He was arrested on Sept. 13 for failing to appear on previous charges. After arraignment, he was released on his own recognizance. He was due back in City Court on Sept. 14. The  case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

On two occasions, a cash box from a produce stand, The Cornercopia, at Route 77 and Route 20 in Darien has been stolen. 

After the first burglary, a more secure lock was installed and the thieves took the entire red plate steel cash box.

A cash reward is being offered for information leading to the arrest and successful prosecution of the suspects.

The two people in this video (who brought their dogs with them, and one of the men can be seen apparently hitting one of the dogs at about the 1:50 mark) are possible suspects and the owners of the fruit stand are asking anybody with information to come forward and contact local law enforcement. 

The State Police are handling the investigation. To report any information that may assist in the investigation, call (585) 343-5000.

Andrew Michael Pridmore, 34, of Mechanic Street, Elba, is charged with grand larceny with a credit card, petit larceny and criminal possession of stolen property -- a credit card. Pridmore was arrested at 11:48 a.m. on July 26 on Cedar Street in Batavia. He allegedly stole a credit card belonging to his employer and withdrew money from numerous ATMs throughout Genesee County on two different days. He was arraigned in Batavia City Court on Sept. 12 and released under supervision of Genesee Justice. He is due in City Court again on Sept. 26. Additional charges are pending in the towns of Le Roy and Pavilion. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus.

Patrick O. Spikes, 37, of South Swan Street, Batavia, is charged with third-degree assault -- with intent to cause physical harm, and criminal obstruction of breathing. He was arrested, arraigned and jailed on Sept. 9 following a domestic incident which occurred at 3 p.m. on Sept. 2 at an apartment on Hutchins Street in Batavia. He is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Stephen Quider.

Erica Bomberry, 38, of 18 Crittenden Way in the City of Rochester, is charged with one count of petit larceny, a Class A misdemeanor. She was arrested Sept. 10 by Le Roy Police Department following a four-month investigation. She is allegedly a member of a Rochester-based larceny ring. The investigation started on May 14 when a business on West Main Street in the Village reported a larceny in progress. The suspect vehicle was located by patrols; the alleged thieves fled, creating a short-lived police chase which was called off because of the dangers it posed. A follow-up investigation tracked the alleged thieves showing numerous similar cases both in the City of Rochester and in different towns in Monroe County. Eventually there was allegedly enough evidence to charge one member of the ring and an arrest warrant was issued. The investigation is ongoing. Bomberry was transported to the Le Roy Court from the Monroe County Correctional Facility for arraignment and put in Genesee County Jail. Bail was set at $1,000.

Christopher J. Parker, 29, of Morse Place, Batavia, is charged with criminal mischief. On Sept. 10, Parker was arrested for allegedly damaging property at another person's residence. The incident took place shortly after midnight on Sept. 8 on Thorpe Street in Batavia. He was jailed in lieu of $1,000 bail and is due in City Court on Sept. 18. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Sgt. Dan Coffey.

Paulette M. Conley, 42, of Mill Street, Le Roy, is charged with DWI -- common law, no headlights, and DWI with a BAC of .08 percent or greater. She was arrested at 2:27 a.m. on Sept. 9 on Main Street in Batavia following a traffic stop. She was arrested, processed and is due in Batavia City Court on Sept. 26. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Matthew Lutey.

Sasha M. McDuffie, 26, of 14th Street, Buffalo, was arrested at 7:14 p.m. on Sept. 11 on East Main Street in Batavia for speeding and driving with a suspended driver's license. Following a traffic stop, an investigation found McDuffie's license was suspended. She was arrested, processed, then posted bail and was released. She is due in City Court on Sept. 26. The case was handled by Batavia Police Officer Nicole McGinnis.

Tyrone L. Richardson, 43, of Brooklyn Avenue, Batavia, was arrested on Sept. 10 on a bench warrant out of Batavia City Court. He posted bail and was due in City Court on Sept. 11. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

James E. Murray Jr., 29, of North Spruce Street, Batavia, was arrested on Sept. 8 on an arrest warrant out of Batavia City Court. He allegedly failed to appear in court after being issued an appearance ticket to be there on Aug. 28. He was due back in City Court on Sept. 10. The case was handled by Batavia Police Officer Mitchell Cowen.

Justin T. Gladney, 29, or North Spruce Street, Batavia, was located and arrested on East Main Street in Batavia after police were called to the area for an unrelated matter. He was found to have an active bench warrant out of Batavia City Court and was arrested on Aug. 10. He was due back in City Court on Sept. 11. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Matthew Lutey.

A woman accused of driving drunk, fatally hitting an 18-year-old on Sumner Road in Darien, fleeing the scene, and not telling police about it later when she was arrested after nearly striking a Sheriff's patrol vehicle, was in court today with a pair of new, sharply dressed attorneys from Buffalo.

Frank LoTempio tried to convince Judge Charles Zambito, that his client, Jennifer L. Serrano, 48, of Charles Street, Irving, should get her bail reduced.

She was indicted by a grand jury this week on second-degree vehicular manslaughter, leaving the scene of an accident that resulted in death, DWI, and aggravated unlicensed operation. She faces a prison term of up to 14 years.

She came into court shackled and in a tan Niagara County Jail jumpsuit, still in custody on $100,000 cash bail or $200,000 bond.

LoTempio argued that Serrano has strong local ties. He said she owns a home in Irving that is worth $115,000 and she has $30,000 equity in the property, that she owns her own business -- Jenny Marketing Group -- and has four significant clients, and that she has joint custody of her three children -- ages 12 through 21.

"She's very involved in their lives and she's a very good mother," LoTempio said.

While she has suffered from depression, LoTempio said he and co-attorney Jack Sanchez had met with her and felt she had no current mental health issues. He said her depression stemmed from her divorce a year and a half ago.

She also has no prior criminal record.

"I feel cash bail of $25,000 to $40,000 is reasonable," LoTempio said.

Zambito heard these same arguments the last time Serrano appeared in court but District Attorney Lawrence Friedman said he felt it necessary to address the counter-argument to LoTempio's assertions.

While Serrano claims to own a house in Irving, there's no proof of its value or her equity in it, and she says if she's out of jail, she's going to live with her sister in Amherst. Also, she claims to own a business but Friedman has seen no documentation to prove that she does. 

As for her children, "According to our investigation, we're told they are estranged from her," Friedman said.

He also said he doesn't believe her attorneys are qualified to assess her mental health. 

As for the crime itself, Friedman said, she's accused of killing Connor Lynskey, of Hinckley, on Sumner Road, on Aug. 11, and fleeing the scene. Lynskey's body landed in a ditch and he wasn't found until the following day. About 30 minutes later, Serrano's vehicle was stopped after she nearly struck a patrol vehicle on Route 77 and she was charged with DWI. Friedman said Serrano went through the arrest process, through court, through booking at the jail, and she never said a word to anybody that she might have struck a pedestrian. 

At that time, police didn't know Lynskey had been struck by a car but he had been reported missing.

As Friedman completed this narration of events, Lynskey's mother, sitting in the first row of the gallery with a box of tissues her hands, began to sob.

Friedman also pointed out that Serrano went back to her car after being released from custody and drove to Amherst. He said his office has reason to believe she was still intoxicated at that time and she certainly knew her driver's license had just been revoked but she drove anyway.

"I don't understand how defense counsel can say she is not a flight risk," Friedman said. "She's already fled. Now she's been indicted and has even more reason to flee."

Zambito, in denying her bail reduction, cited many of the reasons Friedman just shared -- she left the scene and she didn't notify law enforcement even while in custody, and that her flight risk was a "significant concern."

Serrano is due in court again at 1:30 p.m., Nov. 15, when attorneys will address any motions filed in the case.

Jennifer L. Serrano is indicted for second-degree vehicular manslaughter, a Class D felony. It is alleged that on Aug. 11 on Sumner Road in the Town of Darien that she caused the death of a male, and she drove a 2014 Jeep in violation of the law, and as a result of intoxication or impairment by use of a drug or the combined influence of drugs or alcohol, drove the Jeep in a manner that cause the death of a person. In count two, she is accused of leaving the scene of an accident with reporting it, a Class D felony, and the personal injury involved resulted in death. In count three, she is accused of driving while intoxicated, as a misdemeanor, for driving on Sumner Road and on state Route 77 on Aug. 11 in Darien while intoxicated. In count four, she is accused of aggravated unlicensed operation of a motor vehicle in the second degree, a misdemeanor. It is alleged in count four that she drove that day while knowing, or having reason to know, that her driver's license in New York was suspended, revoked or otherwise withdrawn by authorities; and the revocation was based on a refusal to submit to a chemical test, in violation of vehicle and traffic law.

Ralph E. Stevenson is indicted for the crime of failure to verify as a sex offender, a Class E felony. It is alleged that this convicted Level 3 sex offender, in the Town of Bergen, on Jan. 26 failed to provide a current photograph of himself in the manner and within the time periods provided by law.

Jessie P. Polito AKA Jesse P. Polito is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Oct. 8 in the Town of Le Roy that the defendant stole property -- a Capital One Mastercard. In counts two and three, he is accused of the same crime for allegedly stealing a second Mastercard and a Le Roy Federal Credit Union card, respectively. In count four, he is accused of petit larceny, a Class A misdemeanor, for stealing property.

Shawn Michael Walburn, 45, of East Main Street Road, Le Roy, is charged with: DWI; driving while ability impaired with alcohol; driving without a vehicle inspection; and speeding. Walburn was stopped at 3:07 a.m. Sunday on Main Road, Stafford, by Deputy Andrew Mullen.

Ryan Brent Callison, 41, of 14th Street, Zimmerman, Minn., is charged with: DWI; driving with a BAC of .08 or greater;and failure to yield right of way. Callison was stopped at 9:39 p.m. Monday on Main Street Road, Batavia, by Deputy Howard Wilson.

Karen M. Gath, 57, of Rochester, is charged with conspiracy, 6th, and petit larceny. Gath was arrested by State Police and ordered held on bail for an incident in the Town of Batavia. No further details released.

Jacob R. Lorek, 24, of Rochester, is charged with two counts of unlawful possession of marijuana and speeding. Lorek was stopped by State Police at 6:04 p.m. Thursday on Route 19, Bergen.

Stevie R. Marshall-Carter, 20, of Rochester, is charged with unlawful possession of marijuana. Marshall-Carter was stopped on Route 33, Bergen, by State Police.

Dale J. Wissinger, 38, of Oakfield, is charged with assault; 3rd; and criminal mischief. Wissinger was arrested by State Police on charges related to an incident reported at 1:47 a.m. Saturday and ordered held on bail. No further details released.

Todd A. Gailie Jr., 27, of Myrtle Street, Le Roy was arrested on Sept. 7th by the Le Roy Police Department for petit larceny and obstructing governmental administration in the second degree, Class A misdemeanors. Le Roy Police Department responded to a business on Lake Street in the Village after receiving a complaint of a male allegedly leaving a restaurant without paying for food and drinks that he consumed. Upon arrival, the patrols located Gailie on the railroad tracks in the area and when the patrol confronted Gailie, he allegedly ran from officers. After a brief foot chase Gailie was taken into custody. Gailie was arraigned and put in Genesee County Jail in lieu of $1,500 cash or $3,000 bond. Gailie is to return to Le Roy Town Court on Sept. 20th.

Roy A. Watson Jr., 29, of Porter Avenue, Batavia, is charged with having two unlicensed dogs. He was arrested at 9:35 a.m. on Sept. 4 at 24 Porter Ave. following an investigation into a complaint that his dogs were unlicensed. He was issued an appearance ticket for City Court and is due there Sept. 18. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer James Sheflin.

Marissa Eve Michaels-Connors, 26, of LaSalle Avenue, Buffalo, is charged with: first-degree aggravated unlicensed operation of a motor vehicle; DWI, first; operating a vehicle while using a cell phone; refusal to take breath test; and moving from lane unsafely. She was arrested at 5:09 p.m. on Sept. 9 on Vallance Road in Le Roy after a one-vehicle accident in which her vehicle struck a guard rail. It is alleged that she was driving while intoxicated and that she drove while her license was suspended for alcohol-related circumstances. She was jailed in lieu of $1,500 cash or $3,000 bond. The case was handled by Genesee County Sheriff's Deputy Howard Wilson.

Matthew Vincent Pragel, 23, of Forest Hill Drive, Williamsville, is charged with: operating a motor vehicle while impaired by drugs; driving while ability impaired -- combined influence of drugs; unlawful possession of marijuana; and moving from lane unsafely. At 10:30 p.m. on Sept. 4 on Bloomingdale Road in the Tonawanda Indian Reservation, Pragel was arrested after an investigation of a single-vehicle accident. He is to appear in Alabama Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Adam Robyn Chaddock, 31, of Virginia Manor Road, Rochester, is charged with: DWI; DWI with a BAC of .08 percent or higher; failure to keep right. Chaddock was arrested at 10:46 p.m. on Sept. 9 on Clinton Street Road in Stafford following a traffic stop. He was issued an appearance ticket and is due in Stafford Town Court on Oct. 19. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Mullen.

Giancarlo A. Miranda, 20, of West Saile Drive, Batavia, is charged with possession of a dangerous weapon on county property. At 2:32 p.m. on Sept. 4, Miranda was arrested for allegedly possessing a knife while entering the Genesee County Probation Building. He was issued an appearance ticket for City Court and is due there Sept. 11. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Chad Richards.

Ian Kyle Leblanc Chatt, 33, of Hart Street, Batavia, is charged with: petit larceny; criminal possession of a controlled substance in the seventh degree; criminal possession of a hypodermic instrument; criminal use of drug paraphernalia; and sixth-degree conspiracy. Le Blanc Chatt was arrested at 1:59 p.m. on Sept. 7 following a larceny complaint at Walmart in Batavia. It is alleged that he walked past the point of sale with an 18-ounce can of Rain X. He was arrested and released with an appearance ticket for Town of Batavia Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Andrew Hale, assisted by Deputy Lonnie Nati.

Brandon James March, 33, of South Main Street, Batavia, is charged with: criminal possession of a controlled substance in the seventh degree; possession of a hypodermic instrument; criminal use of drug paraphernalia; and sixth-degree conspiracy. March was arrested at 1:59 p.m. on Sept. 7 following a larceny complaint at Walmart in Batavia. March allegedly conspired with another person to steal property and was found in possession of a controlled substance and drug paraphernalia. He was arrested and released with an appearance ticket for Town of Batavia Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Andrew Hale.

The police surveillance video of Central Avenue, Batavia, the night of May 17, when Nathaniel D. Wilson Jr., murdered Terry J. Toote with a knife, shows that Wilson was a threat to harm other people in the area, according to an attorney for Jennifer K. Urvizu-Hanlon.

Urvizu-Hanlon, former owner of La Mexicana store on East Main Street, is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd. She is accused of giving a handgun, which she was permitted to carry, to Samuel R. Blackshear, a 17-year-old who is accused of shooting Wilson.

"This individual was trying to keep the other individual from stabbing other people, which I believe is legally justifiable," said attorney Christian Kennedy.

Today's County Court appearance for Urvizu-Hanlon was a hearing related to motions filed by both the defense and the prosecution with arguments for further hearings in the case.

Kennedy revealed his theory of the case while arguing that the prosecution needs to turn over to him a list of witnesses along with any statements they made to police and reports generated from witness statements.

Under the rules of evidence, the defense isn't automatically entitled to this material. There are rules regarding "discovery," or evidence the people must turn over, and then what is known as "Brady material" (the name comes from a precedent-setting case dealing with evidence). Brady materials are statements and reports that the defense believes may contain information that would support a defendant's claim of innocence. 

Kennedy argued that given the number of witnesses, the statements he believes the police collected (there's no information available to indicate such statements were obtained) would almost certainly contain contradictory views of events, which then would almost certainly be Brady material. And if all the statements agree, he said, that might indicate the police relied on a single witness statement, which under the circumstances, could be used by the defense to demonstrate a problem with the investigation.

Either way, Kennedy argued, it's Brady material.

Judge Charles Zambito pressed him for more definitive information that would indicate Kennedy knew there was information in the material favorable to his client, and Kennedy said he couldn't know that without seeing the material but that in Monroe County the material is always provided to the defense for the reasons he outlined.

Zambito said he would review the material to determine if it contains information favorable to the defense and turn it over if necessary.

During the discussion in court today, it was suggested that Urvizu-Hanlon had said to Kennedy that she gave the gun to Blackshear to protect others. Kennedy corrected the statement, saying that he hadn't indicated one way or the other what his client may have said to him. He was stating, he said, that the video itself indicated Wilson was threatening others at the scene.

He said while the video clearly shows events on Central Avenue that night, it is too grainy to help the defense identify witnesses.

Blackshear is charged with: attempted murder, 2nd; attempted assault, 1st; assault, 2nd; and two counts of criminal possession of a weapon, 2nd.

Urvizu-Hanlon, 48, apparently made statements to police after being read her Miranda warnings. A hearing on whether the proper procedures were followed by police will be held at 3 p.m., Oct. 19.

He's also seeking a probable cause hearing, arguing his client was arrested May 18 without a warrant, so he wants to probe whether police had at that point probable cause to take her into custody. Zambito is reviewing that request.

The 31-year-old Wilson entered a guilty plea to murder in the second degree Aug 20. 

At his plea hearing, District Attorney Lawerence Friedman cited witness statements indicating Wilson approached the scene making statements that indicated he intended to "kill everybody." He then attacked Toote.

Several people then jumped on Wilson and Wilson continued to fight with them.

Wilson entered his guilty plea on an Alford basis, which means he didn't admit to facts of the case, only that he would likely be found guilty if the case went to trial, so he was, therefore, accepting a plea deal more favorable than what he might receive if found guilty by a jury.

He faces a possible prison term of 20 years to life.

Dakota R. White, 20, of Central Avenue, Batavia, and Meghan B. Blodgett, 22, of Soccio Street, Batavia, were both arrested at 3:20 a.m. on Aug. 27 at Williams Park at 101 Pearl St. in the City of Batavia. Batavia police were called there for subjects in a physical altercation. After an investigation, the defendants were arrested for a Batavia Municipal Code violation -- In Park After Hours ( 10 p.m. to 7 a.m.). They were released with appearance tickets and were due in City Court on Aug. 28. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Arick Perkins.

Stefanie M. Lawlis, 35, of Central Avenue, Batavia, is charged with having a dog running at large, having an unlicensed dog and having an unvaccinated dog. She was arrested at 7:20 p.m. on Aug. 22 on Central Avenue in Batavia following an animal bite complaint. She was issued an appearance ticket for City Court and was due there Sept. 4. The case was handled by Batavia Police Officer Stephen Cronmiller.

David J. Barton, 54, of Ellicott Street, Batavia, is charged with forcible touching. At 5:15 p.m. on Aug. 28, Barton was arrested Batavia police following a complaint that Barton allegedly touched a female companion inappropriately with her consent. He was issued an appearance ticket and was due in City Court Sept. 4. The case was handled by Batavia Police Officer Arick Perkins.

Aaron L. Klein, 47, of Montclair Avenue, Batavia was arrested at 10:08 p.m. on Aug. 26 after a traffic stop on Monclair Avenue, where it was found the he was driving on a suspended license. It was also found that he was in violation of an ignition interlock device restriction and he allegedly had an open container of alcohol in the vehicle. He was issued tickets and is due in City Court on Sept. 12. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Dan Coffey.

Jeffery C. Rogers, 33, of Old Washington Pike, Knoxville, Tenn., was arrested at 7:56 p.m. on Aug. 25 on West Main Street Road in Batavia following an investigation into a possible hit-and-run accident. He is charged with DWI; aggravated DWI; aggravated unlicensed operation of a motor vehicle in the third degree; unlicensed operation of a motor vehicle; speeding; and unlawful possession of maijuana. He was jailed in lieu of $2,500 bail or bond and was due in City Court on Aug. 27. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Mitchell Cowen.

Derek Elijah Wilcox, 30, of Congress Avenue, Rochester, is charged with seventh-degree criminal possession of  controlled substance. The arrest was made at 9:55 p.m. on Aug. 23 on Ellicott Street in Batavia following the investigation into a suspicious vehicle where Wilcox was allegedly found to possess crack cocaine. He was due in City Court Aug. 28 to answer the charge. The case was investigated by Batavia Police Officer Christopher Lindsay.

Noah Charles Stiles, 18, of Westcott Road, Medina, is charged with petit larceny. He was arrested at 5:30 p.m. on Aug. 27 on South Main Street in Batavia after it was determined he allegedly stole several items from a house. He was issued an appearance ticket and is due in City Court on Sept. 11. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Christopher Lindsay.

A 16-year-old male lives in the City of Batavia was arrested at 8:30 p.m. on Aug. 18 after he allegedly stole an iPhone was another person. The incident occurred on Lewis Place, Batavia. He was processed and released with a ticket to appear in City Court on Aug. 28. The case was handled by Batavia Police Officer Mitchell Cowen.

Bailey M. Burns, of Prospect Street, Attica, was arrested on a bench warrant on Aug. 23 after he failed to appear at the Genesee County Jail for his sentenced weekend incarceration. He was jailed in lieu of $2,000 bail or bond and was due back in City Court on Aug. 24. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

Bleyke Z. Culver, 22, of Walnut Street, Batavia, was arrested on Aug. 16 on a bench warrant out of City Court for failing to appear on a charge was second-degree criminal contempt. He was jailed in lieu of $1,500 bail or bond and is due in City Court on Sept. 13. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

A year ago, Assistant County Manager Matt Landers really wasn't sure why DWI the number of arrests were down for the first part of 2017 but it was a countywide trend.

It's still not clear why arrests took a dip for more than six months but an interesting thing happened after a report was published about the dip -- the number of DWI arrests reported increased. The trend has continued in 2018, Landers said.

Yesterday, like last year, Landers, who is the STOP-DWI coordinator for the county, delivered his annual report on the program to the County Legislature's Ways and Means Committee.

The problem the program is facing this year is -- despite holding steady on the total number of arrests -- revenue is down for the program.

STOP-DWI is funded through fines imposed on convicted drunken drivers. Landers said he doesn't know if revenue is down because collections are down or if justices are imposing smaller fines.

With the drop in revenue, Landers is proposing a budget for 2019 that spends 40 percent less than 2018, though there will be no cuts to the amount spent on enforcement.

The STOP-DWI program provides funds to participating local law enforcement agencies for extra patrols focused entirely on DWI detection.

The $25,000 reduction in spending will mean some expenses, such as a portion of Lander's salary, will likely be shifted to the general fund.

Members of the committee said they recognized there is still a need for the program, which also assists in detecting and arresting people driving under the influence of drugs, which is a growing problem, even though there are probably fewer drunks on the road these days.

"It is better than the '80s and '90s but there’s still a need for the program," Landers agreed. "it’s a successful program."

Colin R. Wickings is indicted for first-degree sexual abuse, a Class D violent felony. It is alleged in count one that in late June or early July, 2016, in the Town of Bergen, that Wickings subjected a 9-year-old female to sexual contact. In count two, he is accused of the same crime for allegedly subjecting the girl to sexual contact by forcible compulsion. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. In count four, he is accused of first-degree sexual abuse for allegedly subjecting a 6-year-old male to sexual contact on Sept. 16 in the Town of Stafford. In count five, Wickings is accused of endangering the welfare of a child for acting in a manner likely to be injurious to the 6-year-old male.

Walter B. Hale Jr. is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on May 15 in the City of Batavia that Hale rode a 1984 Kawasaki on various public highways while intoxicated. In count two, he is accused of aggravated driving while intoxicated, as a Class E felony, for allegedly doing so while a child age 15 or less was a passenger. In count three, the defendant is accused of the crime of circumvention of an interlock device, a Class A misdemeanor, for operating a motorcycle not equipped with an ignition interlock device, which he was court-ordered to have. In count four, he is accused of reckless driving, as a misdemeanor. It is alleged in count four that he rode the Kawasaki in a manner that unreasonably interfered with the free and proper use of a public highway -- while intoxicated, traveling at a high rate of speed, failing to yield to an emergency vehicle, failing to stop at a number of stop signs, all while a child age 15 or less was a passenger. In count five, he is accused of endangering the welfare of a child for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. In count six, Hale is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony, for riding the motorcycle when he knew or should have known that his driver's license was suspended, revoke or otherwise withdrawn by authorities. In count seven, Hale is accused of the offense of speeding, for riding on Washington Avenue in the City of Batavia May 15 in excess of the maximum speed of 30 mph. In count eight, the defendant is accused of failing to stop at a stop sign at the intersection of Washington Avenue and State Street. In count nine, he is accused of failing to stop at the stop sign at Washington Avenue and Summit Street. In count 10, he is accused of failing to stop at the stop sign at Summit Street and North Street. In count 11, he is accused of failing to stop at the stop sign at Ross Street and North Street. In count 12, he is accused of failing to stop at the stop sign at North Street and Vine Street. In count 13, Hale is accused of failing to stop at the stop sign at Vine Street and East Avenue. In count 14, he is accused of failure to stop for an emergency vehicle. It is alleged in count 14, that while operating the 1984 Kawasaki on May 15, that Hale failure to yield the right of way to a City of Batavia police vehicle blaring its siren. In Special Information filed by the District Attorney, Hale is accused of having been convicted of the crime of aggravated DWI, as a Class E felony, on Nov. 28, 2012 in Genesee County Court; and DWI, as a Class E felony, on Sept. 18, 2008, and those convictions were within 10 years of the crimes alleged in the current indictment.

Jacob J. Szumigala is indicted for the crime of aggravated vehicular assault, a Class C felony. It is alleged that on April 18 on West Main Street in the Village of Corfu that Szumigala committed reckless driving by operating a 2008 Hyundai Sonata with North Carolina plates in a reckless manner. In so doing, he allegedly caused serious physical injury to another person. It is further alleged that he was intoxicated and had a BAC of .18 or more at the time. In count two, he is accused of first-degree vehicular assault, a Class D felony. It is alleged in count two that Szumigala caused serious physical injury to a person on West Main Street while having a BAC of .18 percent or more at the time. In count three, he is accused of second-degree assault, a Class D felony, for recklessly causing serious physical injury to a person by means of a dangerous instrument -- a motor vehicle. In count four, he is accused of aggravated DWI, per se, as a misdemeanor for allegedly driving the Sonata while having a BAC of .18 percent or more. In count five, he is accused of misdemeanor DWI, for allegedly driving while intoxicated on April 18. In count six, the defendant is accused of first-degree aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count six that Szumigala drove while his driver's license was suspended, revoked or otherwise withdrawn by authorities, and he did so while under the influence of alcohol. In Special Information filed by the District Attorney, the defendant is accused of having been charged with aggravated driving while intoxicated, per se, as a misdemeanor, in Oakfield Town Court. The suspension referred to in count six was mandatory pending prosecution April 9, 2018, for the violation of Vehicle and Traffic Law in Oakfield and was still in effect when he drove without a license on April 18 in Corfu.

Domingo Gomez-Gomez is indicted for the crime of first-degree rape, a Class B violent felony. It is alleged that in the Town of Alexander on April 28 that Gomez-Gomez engaged in sexual intercourse with another person by forcible compulsion. In count two, he is accused of criminal possession of a forged instrument in the second degree, a Class D felony. It is alleged in count two that on May 4 in the Town of Alexander that he possessed a forged Social Security card with intent to defraud, deceive or injure another.

Jennifer A. Roskey is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on July 14 in the Town of Oakfield that Roskey possessed a dangerus knife or instrument -- a kitchen knife with an eight-inch blade, with intent to use it against another person. In count two, she is accused of second-degree menacing, a Class A misdemeanor, for allegedly intentionally placing a person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon or dangerous instrument. In count three, she is accused of endangering the welfare of a child, a Class A misdemeanor, for knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count five, Roskey is accused of second-degree reckless endangerment, a Class A misdemeanor. It is alleged in count four that on July 5 while in a private vehicle on the Thruway in Erie County, that she engaged in conduct which created a substantial risk of serious physical injury to another person. In counts five, six and seven, respectively, the defendant is accused of three more counts of endangering the welfare of a child, for acting in a manner likely to be injurious to the physical, mental or moral welfare of three children less than 17 while traveling on the Thruway July 5 from Genesee County to Erie County in a private vehicle. In Special Information filed by the District Attorney, Roskey is accused of having been convicted of aggravated DWI with a child passenger, a Class E felony, on Sept. 23, 2015 in Erie County Supreme Court, and this conviction forms the basis for count one in the current indictment.

Raymond J. Radley is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged on in the first week of March in the City of Batavia that Radley violated a duly served Order of Protection by intentionally being in the presence of the protected party. In counts two through 10, he is accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in counts two through 10, respectively, that he contacted the protected party in violation of the court's Order of Protection, all in the Town of Le Roy: April 16 by telephone; April 16 by phone; May 8 by phone; May 9 by phone; May 14 by phone; May 16 by phone; May 7 via the website Plenty of Fish --- www. pof.com; first week of March, via Facebook Messenger/Video Chat; and last week of March, via Facebook Messenger/Video Chat. In Special Infomation filed by the District Attorney, Radley is accused of having been convicted of criminal contempt in the first degree, a Class E felony, on July 26, 2016, in Livingston County Court, and that conviction was for a violation of a stay away family offense order of protection and it was within five year previous to commission of the crime alleged in the current indictment,

Antonio M. McKinney is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on April 7 in the City of Batavia that McKinney drove a 2002 Mercedes-Benz in the Speedway parking lot at the intersection of routes 5 and 98 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving while his license was suspended, revoked or otherwise withdrawn by authorities. In Special Information filed by the District Attorney, McKinney is accused of having been convicted of DWI, as a misdemeanor, on Oct. 12, 2016 in the Buffalo City Court, Erie County, and the conviction was within 10 years of the crimes alleged in the current indictment.

Melanie M. Matesz is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. It is alleged in counts one and two that on April 19 in the area of the Batavia City Court offices, located in the Genesee County Courts Facility, that she possessed a forged, fraudulent Order of Protection.

Jonathan E. Seiger is indicted for the crime of second-degree bail jumping, a Class E felony. It is alleged that Seiger was released from custody or allowed to remain at liberty, upon the condition that he would subsequently appear personally in Genesee County Court connection with a felony charge against him and that he failed to appear in court on Oct. 12 or voluntarily within 30 days thereafter.

The following people were arrested by the Genesee County Sheriff’s Office during the 5 Finger Death Punch/Breaking Benjamin Concert at Darien Lake Performing Arts Center on Monday:

Gage L. Ellis, 27, of Thompson Avenue, Little Valley, is charged with criminal trespass, 3rd, after allegedly reentering Darien Lake property after being ejected and told not to return. Gage was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Jason M. Raiser, 38, of Presbyterian Road, Knowlesville, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Cynthia A. Krause, 37, of Goodrich Road, Clarence, is charged with Disorderly Conduct after allegedly causing a disturbance while being ejected from the concert venue.

Kevin T. Smith, 34, of Buffalo Avenue, Buffalo, is charged with trespass after allegedly refusing to leave the concert venue while being ejected.

Melissa A. Barrett, 36, of Lincoln Avenue, Salamanca, is charged with trespass after allegedly refusing to leave the concert venue after being ejected and told not to return.

Cassandra J. Boyea-Baker, 22, of Center Point Road, Canandaigua, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Jessica P. Seamans, 24, of Merrian Heights, Wellsville, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Lindsay L. Harris, 24, of North Brooklyn Avenue, Wellsville, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

William D. Rutland, 39, of Ridge Road, Ransomville, is charged with disorderly conduct after allegedly engaging in a fight inside the concert venue.

Caitlin E. Richardson, 24, of Route 29, Wayland, is charged with criminal mischief, 4th (3 counts), after allegedly breaking the mirrors off three cars in the parking lot.

Mark David Jackett, 48, of Batavia Oakfield Townline Road, Oakfield, is charged with second-degree criminal contempt of court. At about 5:30 p.m. on Labor Day (Sept. 3), deputies responded to the Oakfield Labor Daze Festival on Main Street in the Village of Oakfield for a report of a violation of an order of protection. Following an investigation, Jackett was arrested for allegedly violating a court order of protection against a protected party. He is due in Oakfield Town Court on Sept. 10 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Donald Oscar Summers Jr., 48, of Clinton Street, Buffalo, is charged with DWI and operating a motor vehicle with a BAC of .08 percent or greater. On Sept. 3 following the investigation of a minor motor-vehicle accident on Alleghany Road in Darien, which led to the driver fleeing on foot, the defendant was arrested at 11:18 p.m. He was issued appearance tickets and is due in Town of Darien Court on Oct. 16. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Mathew Clor.

Colton Douglas Chappius, 29, of South Main Street, Elba, is charged with second-degree criminal contempt. He was arrested at 12:30 p.m. on Sept. 1 on North Main Street in Elba after he allegedly violated an Orleans County Family Court Order of Protection directing him to refrain from offensive conduct. He is accused of refusing to return property and using loud and vulgar language during a custody exchange in the presence of protected persons. He was issued an appearance ticket for Elba Court and is due there Sept. 26. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Christine Charlene McBride, 24, of Kenmore Avenue in Buffalo, is charged with petit larceny. Following a larceny-in-progress complaint from a business on Veterans Memorial Drive, McBride was arrested at 8:38 p.m. on Sept. 2. She allegedly stole $366.45 worth of merchandise by concealing it in plastic bags and passing all points of purchase without paying for the items. She is due in Town of Batavia Court on Sept. 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Kevin Forsyth.

Matthew J. Arelline, 49, of Wolcott, was arrested in the late evening of Sept. 3 by the Le Roy Police Department. Arelline was charged with: driving while intoxicated as a Class A misdemeanor; felony aggravated DWI with underage child passenger; failure to use designated lane; consumption/alcohol in a motor vehicle; and refusal to take breathe test. At approximately 10:47 p.m. on Sept. 3 an officer assigned to DWI Crackdown Patrol observed a vehicle allegedly operating failing to maintain its designated lane on Clay Street in the Village of Le Roy. Patrols initiated a lawful traffic stop and identified the operator as Arelline. After a subsequent investigation, it was believed he was intoxicated. Arelline had a child passenger in the vehicle. Arelline was taken into custody and processed without incident. He was arraigned in Le Roy Town Court put in County Jail on $2,500 cash/ $5,000 bond. Arelline is due back in court on Sept. 14^th and Oct. 1^st to answer the above charges.

Aaron G. Lynch, 27, of Churchville, was arrested in the early morning of Sept. 3 by the LeRoy Police Department. Lynch was charged with: driving while intoxicated; driving with a blood alcohol content greater than .08 of 1 percent, both class A misdemeanors; failure to use designated lane; driver's view obstructed; two counts of consumption/alcohol in a motor vehicle; and uninspected motor vehicle. At approximately 2:35 a.m. on Sept. 3, an officer assigned to DWI Crackdown Patrol observed a vehicle allegedly operating failing to maintain its designated lane on Wolcott Street in the Village of Le Roy. Patrols initiated a lawful traffic stop and identified the operator as Lynch and after a subsequent investigation, it was believed he was intoxicated. Lynch was taken into custody and processed without incident. Lynch was released with an appearance ticket and is due back in Town of Le Roy Court to answer the above charges on Oct. 1^st.

Police are looking for a red Jeep with front-end damage after it reportedly hit a black vehicle on South Swan Street, Batavia, and then fled the scene.

Rachel Brittany Solomon, 26, of Meadville Road, Tonawanda Indian Reservation, is charged with criminal mischief, endangering the welfare of a child, resisting arrest, and harassment, 2nd. Solomon is accused of damaging the property of another person at 6:39 p.m. Thursday at a location on Meadville Road. Solomon allegedly resisted arrest and kicked a deputy while holding a child. Solomon was jailed on $2,000 bail or $4,000 bond.

Nicholas David Frayne, 21, of Two Rod Road, Alden, is charged with grand larceny, 4th, and criminal trespass, 3rd. Frayne allegedly stole scrap metal from an enclosed property on Sumner Road, Darien, on July 21 and Aug. 9. The case was investigated by Deputy Kyle Krzemien and Investigator Joseph Loftus. Also charged, Dalton James Offhaus, 21, of Brookville Road, Alexander.

Robert C. Hayes, 28, of Le Roy, is charged with unlawful possession of marijuana. Hayes was stopped by State Police at 4:45 p.m. Wednesday on Route 20 in Pavilion.