crime

Defense attorney Brian Degnan admitted in court today that he was surprised to learn less than an hour before his client was scheduled to be sentenced on a burglary charge, that the client didn't understand one of Judge Robert Noonan's questions when he entered a guilty plea July 15.

The question, one asked of every defendant about to enter a guilty plea: "Have you consumed any drugs or alcohol today?"

Ricky L. Miller said he had not, but today, Miller told Degnan that he was actually on prescribed painkillers when he entered his guilty plea and didn't understand what he was doing.

Miller was an inmate in the Genesee County Jail on July 15 and any medication he received would have been administered by jail staff.

The drugs supposedly taken by Miller on July 15 where Neurontin and Tramadol.

Degnan asked for an adjournment of the scheduled sentencing to give him time to research the veracity of his client's claim and whether the allegedly prescribed painkillers could alter his judgment.

"We should not be adjourning a sentencing every time a defendant has a change of heart," said District Attorney Lawrence Friedman.

Friedman characterized Miller's new statements as "an incredible claim that he lied under oath about being on drugs."

Degnan tried to argue that perhaps his client didn't understand the question because he only has an eighth-grade education, but Noonan wasn't buying it.

When Noonan asked if Miller had taken the prescribed medications today, Miller said he had.

"So he has enough of an education to understand what I'm asking him while on drugs today, but not when he entered his guilty plea?" Noonan asked.

He ordered a short recess so Friedman could contact the jail and get information on what drugs Miller may have consumed the day he entered his guilty plea.

About 30 minutes later, Miller's case was recalled and Friedman informed Noonan that on July 15, Miller had not yet been prescribed Neurontin, and about two weeks before the hearing, Miller's dosage of Tramadol had been reduced.

"He was taking it for knee pain," Friedman said. "I'm told it's no more powerful than Motrin tablets and it's not a controlled substance."

Noonan denied Degnan's motion for an adjournment and proceeded with sentencing.

On one count of burglary, 2nd, Miller was given five years in prison, and on one count of possession of a forged instrument, Miller was given three and a half to seven years in prison, to be served concurrently.

"Sir, you have, for a 29-year-old man, you have a horrible record," Noonan said. "You don't seem to have any respect for anybody's else's property. It's important that you be removed from society for a long period of time."

A Massachusetts man will serve two consecutive six-year prison terms for having sex with two 14-year-old girls, one of whom he originally met while she was traveling with her mother in Florida.

Raymond E. Allard, 27, who admitted to two counts of second-degree rape on July 15, told Judge Robert C. Noonan today that he wasn't the kind of person who had sex with children. While Allard has convictions in Florida for burglary and grand larceny, he's never faced sex-crime accusations before.

"I was foolish and I'm willing to face whatever penalty is coming to me for my behavior," Allard said. "I'm sorry to the girls. I'm sorry to the families. I'm sorry to the court. I'm sorry to myself."

Noonan wasn't sympathetic.

"You are a child rapist, a serial child rapist," Noonan said. "For you to stand here and say you're not that kind of person -- you are exactly that kind of person. You are the kind of person who can't be trusted to be in the presence of another child ever again and it's my job to put you away for as long as I can."

Allard was originally indicted on 64 charges of rape, 2nd, and criminal sexual act, 2nd, and agreed to a plea guilty on two counts in exchange for capping his sentence at 12-years maximum.

He'll be on probation for 10 years when he's released from prison.

Allard was indicted in May, accused of having sex with two 14-year-old girls in November and December of 2010.

According to reports at the time, Allard met the mother of one of the girls while in Florida and followed her and her daughter back to Oakfield.

"The circumstances of this case clearly indicated that Mr. Allard is a predator of young girls," Assistant District Attorney Will Zickl said. "His relationsip with one of the victims began outside of New York State as the result of a chance meeting and was continued when Mr. Allard decided to come to this area and continue his grooming of this child for his own sexual purposes."

Zickl said Allard's statements in the pre-sentence investigation further implicated Allard as depraved.

Allard allegedly described one of the victims as "sexually aggressive" and an "overwhelming sexual creature."

"This is Mr. Allard's feeble and feckless attempt to put himself in the best possible light," Zickl said. "I would submit that it puts him in an even worse light because he's blaming a 14-year-old girl for his predation on her."

The mother of one of the girls spoke and said that Allard's actions caused a lot of damage to her relationship with her daughter and they've never really talked about what happened. She said all she knew was what she read in her journals before her daughter was placed in a foster home.

"I'm very angry, very hurt and very distraught about what happened to my daughter," the woman said. "He's done a lot of damage to my family. I don't think he should ever be around children again."

A 21-year-old Batavia man originally accused of rape with a possible sentence of 25 years in prison, received a seven-year sentence today on a reduced charge of sexual abuse.

Patrick J. Donahue, of 44 Williams St., Batavia, was arrested in January and accused of raping a 30-year-old woman at a residence on Walnut Street.

In July, Donahue accepted a plea reducing the charge to sexual abuse.

In court today, Judge Robert Noonan told Donahue his crime was "a slight grade below murder."

Once released, Donahue will spend 10 years on probation.

Reporting for this story provided by Geoff Redick, WBTA.

A 28-year-old Rochester resident was arrested for alleged DWI Sunday after her car became stuck on railroad tracks in the Town of Bergen.

The woman was returning home from the Toby Keith concert at Darien Lake and told deputies that she became stuck on the tracks after following the directions of her GPS.

Charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely was Michelle H. Wilson, of Fallstaff Road, Rochester.

Deputy Tim Wescott and Sgt. Greg Walker responded to the call of a car stuck on the tracks near Town Line Road, Bergen, at 10:50 p.m.

Press release:

The Batavia Police Department is investigating an incident of leaving the scene of an accident. It occurred during the early morning hours of Monday, Sept 5.

The accident was at 59 Jackson St., at the entrance to a parking lot on Jackson Street just north of Ellicott Street. A lamppost and a stop sign were struck during the incident. The lamppost was destroyed and a stop sign was broken off at the base.

Debris left at the scene indicates the vehicle involved is a blue in color Pontiac.

Persons with information regarding this incident are asked to contact the Batavia Police Dispatch at 585-345-6350 or the Batavia Police Confidential Tip Line at 585-345-6370. Persons may also report information via the Suspicious Activity Reporting link on the Batavia Police Department’s website.

UPDATE 7:52 a.m., Wednesday: The female driver has reportedly turned herself in. The investigation is continuing.

Alicia M. Lyons, 31, of 17 1/2 Central Ave., Batavia, is  charged with criminal mischief, 3rd. Lyons was allegedly observed scratching the paint of a vehicle parked off of Central Avenue. Lyons was taken into custody by Officer Marc Lawrence.

Timothy Garrick Fitzgerald, 45, of Windsor Drive, North Tonowanda, is charged with DWI, driving with a BAC of .18 or greater, failure to signal lane change and moving from lane unsafely. Fitzgerald was stopped at 9:53 p.m., Friday, in the area of 4016 W. Main St. Road, Batavia, by Deputy Joseph Graff.

Sarah White Gilmartin, 35, of Norwalk Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, dazzling headlights and no/insufficient tail lamps. Gilmartin was stopped at 2:10 a.m., Aug. 27, on Main Road, Pembroke, by Deputy James Diehl.

Russell R. Miles, 43, of 12 Lake St., Le Roy, is charged with criminal contempt. Miles was arrested following a report of a disturbance at 12 Lake St. Miles was allegedly involved in the disturbance with a person who was the subject of a stay-away court order. Miles was jailed on $1,000 bail.

Brett A. Simcick, 27, of Keeney Road, Le Roy, is charged with felony DWI. Simcick was stopped by Le Roy Police in the early morning hours Saturday for allegedly failing to stop for a stop sign on Hilltop Drive, Village of Le Roy. Simcick was jailed on $5,000 bail.

Matthew Alvin Johnson, 28, of Prestige Crossing Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and no plate lamps. Johnson was stopped at 1:46 a.m., Sunday, on Seven Springs Road, Batavia, by Deputy Patrick Reeves.

The Sheriff's Office reports 10 arrests and 50 citations issued in connection with the Toby Keith concert at Darien Lake Performing Arts Center on Sunday.

Raymond J. Kolas, 29, of Four Mile Run, Pittsburgh, Pa., is charged with harassment, 2nd, after allegedly striking a security guard while attempting to enter the concert venue with a false access pass. Kolas was released on $100 pre-arraignment bail to appear Oct. 11 at 5 p.m. in Darien Town Court.

Thomas E. White, 26, of Fitch Road, Ransomville, is charged with disorderly conduct after allegedly causing a disturbance in the concert grass parking lot.

Adam C. Hellwig, 26, of Olean-Portville Road, Portville, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Andrew J. Whitmire, 25, of Stone Hill Road, Livonia, is charged with trespass after allegedly entering the concert venue without a valid ticket.

Robert D. Farnham, 25, of Campbell Blvd., Lockport, is charged with disorderly conduct and resisting arrest after allegedly causing a disturbance while leaving the concert and then resisting arrest.

Ari J. W. Maio, 26, of Mulberry Street, Rochester, is charged with trespass after allegedly entering the concert venue without a valid ticket.

Durst J. J. Buchebal , 21, of Clay Street, North East, Pa., is charged with unlawful possession of marijuana after allegedly possessing a small quantity of marijuana.

Adrianne M. Ceglia, 48, of Rapids Road, Lockport, is charged with harassment, 2nd, after allegedly pushing a security guard inside the concert venue.

Robert L. Burns, 57, of Barbadus Drive, Cheektowaga, is charged with harassment, 2nd, after allegedly pushing and attempting to punch a security guard inside the concert venue.

Joshua M. Carney, 20, of Wescott Street, Buffalo, is charged with false personation and possession with intent to consume alcohol after allegedly lying about his date of birth after being found in possession of alcohol.

The following people received citations for alleged underage drinking.

Bridget A. Kruszka, 20, of Dover Street, Lakeview
Shannon E. Yates, 19, of Garlow Road, Niagara Falls
Jamie L. Skrlin, 19, of Saunders Settlement Road, Lewiston
Jacob A. Piersc, 20, of Seneca Place, Lancaster
A 17-year-old of Meadowbrook Drive, Albion
Lucas J. Hellwig, 20, of Olean-Portville Road, Portville
A 17-year-old of Nash Road, North Tonawanda
A 17-year-old of Walmore Road, Wheatfield
A 17-year-old of Miller Road, Niagara Falls
A 17-year-old of Saunders Settlement Road, Niagara Falls
A 16-year-old of Center Pine Lane, Williamsville
A 16-year-old of Wood Acres Drive, East Amherst
Joshua M. Cohen, 18, of Valley Brook Lane, East Amherst
A 17-year-old of Driftwood Court, Williamsville
A 17-year-old of Arielle Court, Williamsville
Amira M. Sarkis, 20, of Long Pond Road, Greece
Dominique Estratti, 19, of Northwind Way, Rochester
Sean P. Federow, 19, of Marshall Road, Niagara Falls
A 17-year-old of East Rouen Drive, Cheektowaga
Cody D. Mayer, 19, of 5th Street Court, East Bradenton, Fla.
A 16-year-old of South Academy Street, Albion
A 16-year-old of Gilhooly Road, Alexander
Amanda M. Przybylski, 20, of Penora Street, Depew
Lauren M. Berner, 18, of Town Line Road, Lancaster
Karly D. Manges, 19, of Three Rod Road, Alden
A 17-year-old of David Road, Williamsville
A 17-year-old of Deveaux Street, Niagara Falls
A 16-year-old of North Military Road, Niagara Falls
A 17-year-old of Hermitage Road, Niagara Falls
A 17-year-old of Isherwood Drive, Niagara Falls
A 17-year-old of River Road, Niagara Falls
A 17-year-old of Colin Court, North Tonawanda
A 17-year-old of Switch Road, Stevensville, Ontario, Canada
Jason A. Michaud, 19, of O’Reilly Road, South Wainfleet, Ontario Canada
Brooke M. Lindsay, 20, of Birch Court, Port Colborne, Ontario, Canada
Sean A. G. Parker, 20, of Burnaby Road, Wainfleet, Ontario, Canada
Casey J. Benson, 20, of Union Street, Port Colborne, Ontario, Canada
Dylan D. Edwards, 19, of Knoll Street, Port Colborne, Ontario, Canada
Joshua R. Feith, 19, of Hwy. 3RR1, Wainfleet, Ontario, Canada
Landon S. Minor, 18, of Lakeshore Road, Wainfleet, Ontario, Canada
Sarah L. Pickersgill, 19, of Forest Avenue, Port Colborne, Ontario, Canada
Tage A. Crooks, 19, of Sherk Road, Port Colborne, Ontario, Canada
Jonathan L. Aarts, 20, of Pettit Road, Wainfleet, Ontario, Canada
Mark A. Kramer, 19, of Stanley Street, Port Colborne, Ontario, Canada
Markie L. M. Peyton, 18, of Clarence Street, Port Colborne, Ontario, Canada
A 16-year-old of Lakeshore Road, Port Colborne, Ontario, Canada
Saraya A. Madden, 18, of Shamrock Avenue, Port Colborne, Ontario, Canada
A 17-year-old of Lakeshore Road, Wainfleet, Ontario, Canada
A 17-year-old of Forks Road, Welland, Ontario, Canada

A person is reportedly unconscious after being assaulted by an assailant at the Crooked Creek Driving Range on Sumner Road, Darien.

The location is near Darien Lake Performing Arts Center where there is a Toby Keith concert tonight.

Law enforcement and Darien fire and ambulance in route.

Law enforcement is called to Darien Lake Theme Park in response to a complaint of a patron cutting a stuffed animal at a ring-toss game on the Midway. The stuffing is supposedly "all over the Midway" and the man refuses to heed the directives of security.

A fight is reported on The Hill across from the employee entrance of Darien Lake Theme Park off Sumner Road, Darien. The address is 1516 Sumner Road.

As many as 50 people are said to be involved.

Sheriff's deputies and State Troopers responding.

The Barker Brothers, jailed in June on drug charges, are accused of using their time behind bars to plot murder.

The brothers, Derick, at left, and Justin, allegedly arranged for a friend from Georgia to travel to New York and snuff out an unidentified target. But when the would-be killer couldn't make the trip, the brothers allegedly asked another person to do the deed.

According to the Genesee County Sheriff's Office, money changed hands and an agreement was reached.

The potential target, who was notified by law enforcement about the plot, was never in danger of harm, according to the Sheriff's Office.

Derick W. Barker, 26, of Tera Boulevard, Jonesboro, Ga., and Justin Z. Barker, 22, of North Lyon Street, Batavia, where both charged with one count of conspiracy in the second degree.

The investigation into the alleged conspiracy began two months ago, according to the news release.

Separate from the conspiracy investigation, Justin Barker is also charged with 303 counts of aggravated harassment, 2nd, and one count of criminal contempt, 1st.

Justin is accused of contacting a person protected by court order 303 times by telephone and U.S. Mail between June 1 and Aug. 31.

The order of protection was issued by Justice Thomas Graham in Oakfield Town Court.

Justin is also charged with three counts of forgery and three counts of offering a false instrument for filing, 1st.

Justin and Derick were arraigned in Batavia City Court and jailed without bail.

The Barker Brothers made news in June when police were called to a local hotel where a trio of young men were accused of not paying their bill and refusing to leave a hotel room.

Derick reportedly fled the hotel and was eventually flushed out of a farm field on the opposite side of the Thruway.

The drug charges that put them in the Genesee County Jail in the first place, along with other charges, stemmed from the June 1 incident.

A pair of paving contractors from New Hampshire were jailed yesterday after being accused of soliciting without a permit.

Taken into custody where Stephen C. Batchelder, 31, of Mammoth Road, Hooksett, N.H., and Robert J. Batchelder, 33, of Thorpe Street, Manchester.

The duo was allegedly observed on North Lyons Street in the city soliciting driveway paving jobs. A short time later, Stephen and Robert reportedly arrived at an address on North Lyons to pave the driveway of a resident. 

Sgt. Thomas Sanfratello interviewed the subjects and learned they worked for Affordable Asphalt but allegedly did not have a permit to solicit in the City of Batavia. Sanfratello reports that he learned the duo had been ordered out of service by the federal government.

A State Police inspector was called to the scene. He inspected the vehicle and trailer being used by Stephen and Robert. As a result, Stephen was issued 15 additional license, registration and equipment violations.

Stephen was jailed on $2,500 bail and Robert was jailed on $750 bail.

According to the Nashua Telegraph, Robert and Stephen are tied to the Stanley Paving Company. As The Batavian reported in 2010, some local residents felt they might have been scammed by Stanley Paving.

As we reported in April, Stanley Paving was again reportedly working in Genesee County this summer.

Photos: Stephen Batchelder, top; Robert Batchelder, bottom.

Raymond S. Woeller, 51, of 66 Lake St., Apt. 2, Le Roy, is charged with possession of a forged instrument, 2nd, and grand larceny, 4th. Woeller is accused of forging a friend's signature and withdrawing money from that person's bank account. Woeller was picked up at 11:26 p.m., Wednesday, on a warrant out of Batavia City Court. He was jailed without bail.

A 16-year-old of Mechanic Street, Byron, is charged with endangering the welfare of a child. The youth allegedly ran away from a foster home with two juvenile females.  The youth was jailed on $250 bail.

A 16-year-old of Spencer Court, Batavia, is charged with petit larceny. The youth is accused of stealing $52.58 worth of merchandise from Kmart.

Russell Ray Miles, 43, of East Main Street, Le Roy, is charged with harassment, 2nd. Miles is accused of pushing another person during an argument in the parking lot of the Le Roy Country Club. The incident was reported at 8:11 p.m., Wednesday.

Kayla L. Rapone, 20, of 24 Holland Ave., Batavia, is charged with person under 21 purchasing alcohol. Rapone is accused of using a fake ID to purchase beer at a local store.

Kurt H. Hawkins, 18, of 3 Tracy Ave., Batavia, is charged with harassment, 2nd. Hawkins is accused of punching another person in the face.

There is a reported fight, both verbal and physical, on Church Street in Le Roy near the footbridge.

One subject may need medical attention.

It is unclear how many subjects were involved, though it appears the fight is over.

Police officer on scene reports, "There's a bunch of people here on the footbridge."

The mother of a child who fell from a second-floor window on Aug. 22 has been charged with three counts of endangering the welfare of a child.

The woman turned herself in to Batavia Police today following an investigation into the incident.

Charged was Jessica R. Lyke, 23, of 18 East Ave., Batavia.

The 17-month-old child who fell from the window was treated at Strong Memorial Hospital in Rochester and has since been released. 

Le Roy Police have arrested a man who reported that he was robbed and that a suspect was chasing him with a gun.

The man later admitted that he fabricated the story.

Charged with falsely reporting an incident, 3rd, was Donald J. Pettit, 27, of Friendship.

Pettit allegedly called 9-1-1 in the early morning hours of Sunday and made the report.

He was arraigned in Town of Le Roy Court and released on an appearance ticket.

A Batavia man admitted in Genesee County Court today that he possessed a forged insurance check as part of a plea deal that could have him serve a six-month intermittent sentence and a period of time on probation.

Sentencing on the charge for Ryan Shrauger, 41, of 6 Hull Park, Batavia, was set for Oct. 26.

Shrauger was initially charged in Batavia City Court on Aug. 18 with two counts of possession of a forged instrument, two counts of forgery and two counts petit larceny. On Aug. 22, Shrauger was charged in city court again with new counts of possession of a forged instrument.

Today, Shrauger told Judge Robert Noonan that he possessed an insurance check on June 27 in the amount of $900 that belonged to another person, and that he knew the signature on the check was forged.

The admission satisfies the other forgery charges.

On July 28, Shrauger was arrested on a arrest warrant out of city court and allegedly found in possession of cocaine and drug paraphernalia. He was charged with criminal possession of a controlled substance, 7th, and criminal use of drug paraphernalia, 2nd.

Those charges are still pending. 

Shrauger remains in jail on $10,000 cash or bond bail.

A person on a bike reportedly ran into a pole on West Main Street near Woodrow Road and sustained an injury.

The description of the bike reportedly matches one stolen earlier from a trailer park on West Main Street.

City fire is on scene with Mercy EMS and police are responding.

James R. Straub, 37, of Stoneham, Mass., is charged with DWI and refusal to take a breath test. Straub is accused of driving a golf cart on a public road while under the influence of alcohol. Witnesses contacted dispatch at 8:40 p.m. Sunday to report that a man in a "clown suit" (as the photo shows, more like a wild golf outfit) had taken off in a cart owned by Terry Hills and was heading toward the City of Batavia on Clinton Street Road. Straub was eventually located at a residence in the city where he was taken into custody by Deputy Bradley Mazur. Straub was arraigned in Town of Batavia Court and committed to the Genesee County Jail without bail. Straub is reportedly out on $500. Batavia PD assisted in the investigation.

Douglas Brian Uberty, 39, of South Street Road, Le Roy, is charged with two counts of disorderly conduct. Uberty was taken into custody by Deputy James Diehl following an investigation into reports of a man in the Target store at 7:30 p.m., Aug. 17, attempting to look up the shorts and skirts of women in the store. Uberty is also accused of peeping over the wall of a fitting room in the women's department.

Shawn Dowain Phillips, 18, of Bartlett Street, Rochester, is charged harassment as a violation. Phillips is accused of dragging a person outside and punching the person in the face. The incident was reported at 1:44 a.m., Sunday.

Rexine Evelyn Johnson, 45, of Seldon Road, Le Roy, is charged with harassment, 2nd. Johnson is accused of pushing a female friend twice.

Vincente Antonio Torres, 20, of Willowen Drive, Rochester, is charged with DWAI, speeding (63 mph in a 40 mph zone) and driving out of class. Torres was stopped at 2:48 a.m., Saturday, on Main Street Road, Batavia, by Deputy Howard Carlson.

Ryan Andrew Grady, 20, of Pearl Street, Lancaster, is charged with unlawful possession of marijuana. Grady was found to allegedly possess marijuana while in the parking lot at Darien Lake at 11 p.m., Aug. 7, by Deputy Brian Thompson. 

A 17-year-old of Black Street, Sloan, is charged with unlawful possession of marijuana. The youth was charged after allegedly being found with marijuana while in a car parked at Darien Lake Theme Park by Deputy Brian Thompson.

Paul Anthony Swartz, 36, of Route 20 A, Orchard Park, is charged with unlawful imprisonment, 2nd. Swartz was arrested in Darien on a warrant out of Tonawanda. Swartz was turned over to Town of Tonawanda Police.

Charnika Darshae Givens, 19, of Northumberland Avenue, Buffalo, is charged with petit larceny. Givens is accused of shoplifting from the gift shop at Darien Lake Theme Park at 5:30 p.m., Aug. 6.

A possibly sick or intoxicated man is reportedly staggering in the middle of the roadway, thereby creating a traffic hazard, near 110 Munson St. in Le Roy. He's walking toward Gilbert Street. Le Roy Police Department is responding.

UPDATE 9:02 p.m.: The subject is now on Gilbert Street and an officer is at the scene.