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Law and Order: Group of teens caught allegedly breaking into Jell-O factory

By Howard B. Owens

Three 17-year-olds and Samuel M. Smith, 18, of Rochester, are charged with criminal trespass, 3rd. One 17-year-old is also charged with possession of burglary tools. Smith is charged with unlawful possession of marijuana. The four teens were allegedly caught trying to break into the Jell-O Factory on North Street. They were discovered after village police investigated a complaint of people with flashlights in the area.

Kamalpreet Sembhi, 24, of Bergen, is charged with criminal possession of a controlled substance, unlawful possession of marijuana and crossing a road hazard marking. Sembhi was stopped by State Police on Oatka Trail, Le Roy. A trooper allegedly detected a strong odor of marijuana from the vehicle. Upon investigation, the trooper allegedly found a plastic baggie containing 2.4 grams of marijuana and a glassine bag containing 0.1 grams of cocaine and one blue metal pipe containing cocaine residue. 

Annette M. Mazur, 54, of Harvester Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to use designated lane and refusal of breath screening test. Mazur was stopped at 1:56 a.m. on West Main Street, Batavia, by Deputy Jason Saile.

Deavin L. Herman, 20, of Ridge Road, Gaines, was arrested on a warrant. The underlying charge of the warrant was not released. Herman was jailed on $2,500 bail.

Dylan J. Perry, 23, of Olyn Avenue, Batavia, is charged with grand larceny, 4th, and possession of a forged instrument. Perry allegedly stole a check, forged it and cashed it. He also allegedly stole several pieces of jewelry and pawned them. Perry was jailed on no bail.

Matthew D. Derrick, 30, of Bank Street, Batavia, is charged with criminal contempt, 1st. Derrick allegedly threatened another individual. He allegedly has a prior criminal of contempt conviction.

Robert S. Flad, 47, of Center Road, Kendal, is charged with DWI, driving with a BAC of .08 or greater and failure to use designated lane. Flad was stopped at 12:28 p.m. May 8 on West Main Street, Batavia, by Officer Darryle Streeter.

Andrew M. Budlong, 19, of North Spruce Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and failure to use turn signal. Budlong was stopped at 2:16 a.m. Sunday on Ross Street, Batavia, by Officer Mitchell Cowen.

Molly Ann Chatley, 18, of West Main Street Road, Batavia, is charged with criminal contempt, 1st, criminal obstruction of breathing and petit larceny. Chatley allegedly applied pressure to another woman's neck. She allegedly violated an order of protection. She allegedly stole $150 from the victim. She was jailed on $1,000 bail.

Le Roy PD looking for vandals who damaged cars in village

By Howard B. Owens

Press release:

The Le Roy Police Department is asking for assistance in identifying the person or persons responsible for damaging at least four different vehicles which were parked in or near the roadway last evening in different parts of the Village. The Le Roy Police have identified four vehicles which were scratched or “keyed” for no apparent reason last evening between possibly 11 p.m. and 7 a.m. Anyone having information pertaining to these crimes is asked to contact the Le Roy Police Dispatcher at 345-6350.

Man charged in Sunday's Jackson Street incident

By Howard B. Owens
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Glenn Quintern

The man on Jackson Street who was the center of local law enforcement attention for four hours Sunday afternoon has been charged with two counts of second-degree harassment and two counts of endangering the welfare of a child.

Glenn H. Quintern, 56, of 102 Jackson St., rear upper apt., is being held on $20,000 bail or $40,000 bond.

Quintern allegedly threatened to shoot children who were playing near his apartment.

Batavia PD responded to the complaint and tried to talk Quintern out of the apartment. Because it couldn't be determined whether he actually had a weapon and the level of threat he posed, backup patrols, including deputies and troopers, were called in and eventually the Emergency Response Team was deployed.

Following a 40-minute negotiation with police, using a phone that had been tossed into the apartment, Quintern surrendered and was taken into custody without further incident.

A subsequent search of his apartment did not turn up a weapon.

Additional charges are possible, according to police.

Also assisting at the scene were the Office of Emergency Management and Batavia FD.

Law and Order: Suspect accused of trying to steal copper pipe from vacant house

By Howard B. Owens

Chad A. Allen, 36, of Oak Street, Batavia, is charged with burglary, 2nd, and criminal mischief, 3rd. Batavia PD observed Allen allegedly inside a vacant residence on Oak Street, Batavia. He allegedly damaged copper pipe inside the residence. He was ordered held without bail.

A 17-year-old resident of Walnut Street, Batavia, is charged with criminal mischief, 3rd, and criminal contempt, 1st. The youth is accused of causing more than $250 in damage to the property of another person. That person was also the subject of a protective order. The youth was jailed without bail. Name withheld by Batavia PD.

Robert M. Freeman, 23, of Pearl Street, Batavia, was arrested on warrants related to several charges and for alleged failure to abide by terms of a drug treatment program. Freeman's charges include forgery, 2nd, and two counts each of criminal contempt, 2nd, and petit larceny. Freeman was located during a traffic stop on West Main Street, Batavia. He was order held without bail.

Matthew S. Williams, 27, of Ellicott Street, Batavia, is charged with aggravated unlicensed operation and uninspected motor vehicle. Williams was stopped at 11:29 a.m. Thursday on Ellicott Street by Officer Frank Klimjack for allegedly operating an uninspected motor vehicle. A license check revealed an alleged five previous license suspensions. Williams was jailed on $1,000 bail.

Samual R. Smith, 28, of Columbia Avenue, Batavia, was arrested on a warrant for alleged failure to appear on an overnight parking ticket. The ticket was issued in March 2014. Smith posted $100 cash bail.

Ralph A. Golding III, 50, of Buell Street, Akron, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Golding was arrested by Akron PD and turned over to Batavia PD. He was jailed on $2,500 bail or $5,000 bond.

Nicholas J. Elmore, 26, of Liberty Street, Batavia, is charged with harassment, 2nd. Elmore allegedly sent several threatening text messages to another person.

Dixie Lee Smith, 49, of Kriger Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and failure to keep right. Smith was involved in a property damage accident at 3:48 p.m. Sunday on Day Road, Alexander. The accident was investigated by Deputy Michael Lute.

Larry William Toal, 60, South Main Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, reckless driving, speeding and driving left of pavement markings. Toal was allegedly operating a motorcycle on Route 5, Batavia, at 6:35 p.m. Sunday while intoxicated when stopped by Deputy Joseph Corona.

Aaron Paul Soloman, 38, of Liverpool Heights, Chili, is charged with driving while ability impaired by drugs, speeding and unlawful possession of marijuana. Soloman was stopped at 12:30 a.m., Sunday, on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Thomas Edward Murtagh, 57, of Parkview Drive, Bergen, is charged with driving while ability impaired by alcohol, refusal to take breath test and drinking in a motor vehicle. Murtagh was located in his vehicle parked on Townline Road, Alabama, at 10:30 p.m. Saturday by Deputy Michael Lute.

Tyler Austin Stoddard, 20, of Meiser Road, Alabama, is charged with aggravated harassment, 2nd. Stoddard is accused of continuing to contact and leave messages for another person that were harassing in nature to that person.

Police end standoff with possibly armed suspect peacefully

By Howard B. Owens

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Ferguson. Los Angeles. Chicago. Cleveland. Brooklyn. Baltimore. The national media has reported several examples of aggressive police conduct in these cities in the past few months that ended in violence.

In those same months. Batavia PD has dealt with at least three incidents, including one today, that easily could have gotten bloody but ended quietly.

Chief Shawn Heubusch said it's by design.

"Our number-one goal is to resolve every situation we run into as peacefully as possible," Heubusch said. "We want to use as little force as possible."

Today's incident began with a report of a man at 102 Jackson threatening to shoot children in the head for causing a ruckus near his residence.

Police weren't certain he had a gun, but it was a distinct possibility, so they proceeded with caution -- calling in extra back-up, eventually deploying the Emergency Response Team and even positioning two State Police sharpshooters on the roof of the Salvation Army with a clear line of sight into the man's second-floor window.

They also interrupted the relaxing Mother's Day that Officer James DeFreze was enjoying with his family.

Defreze is a trained negotiator. ERT members tossed a special, wired phone into the man's apartment. DeFreze and the man talked.

"The broad procedure we try to follow is to build rapport and be empathetic and try to understand what people are going through," DeFreze said. "We try to get them to open up and then see what we can do to help them. They're really just looking for help."

The negotiation took 30 to 45 minutes, Defreze said. The entire time, police officers, troopers and deputies remained in positions with long guns trained at the suspect's second-story window.

In the end, no shots were fired. The man walked out of his apartment and surrendered to a police officer.

Officer Marc Lawrence said the investigation is ongoing, but charges likely against the suspect, whose name has not yet been released.

There were high fives among a couple of the officers, pats on the back for DeFreze and a crowded gathered at Central and Jackson applauded the effort by police to resolve the potentially deadly situation peacefully.

"I did hear them applauding," DeFreze said. "It was nice. At first it seemed like they weren't paying attention, having a little bit of fun over there, but it was nice that they appreciated us and our work in the end."

About a month ago, DeFreze and a deputy who is also trained in negotiation helped talk a woman into surrendering and in March, a knife-wielding man on Central Avenue came at officers and threatened them, but the officers involved were able to defuse the situation and take the man into custody without incident.

"Our number-one goal is to make sure everybody goes home safe, the suspect included," Heubusch said.

Some passersby yelled out suggestions for police, of the type that veered toward a more violent, quick-resolution response.  

"Let me have a gun," one man said. "I'll end this."

Others wanted to see tear gas lobbed into the building and ERT members swarm the apartment.

Unless it's a hostage situation, the best response is a slow, methodical approach, Heubusch said.  The suspect isn't going anywhere, is a minimal threat and can probably be talked out of any drastic actions.

"We would rather take the time to ensure that everybody involved is safe and avoid anything that could cause harm to anybody, including the suspect himself," Heubusch said. "There's nothing wrong with slowing it down."

Heubusch said a good rapport with the community helps officers take their time to resolve conflicts.

He said he can't speak for what goes on in other communities. Of course, he and his officers pay attention to news accounts of violent confrontations involving other police officers, but since he isn't involved and doesn't have all the facts, he doesn't want to compare what happens in Batavia with what happens elsewhere.

"We're constantly evaluating and constantly changing tactics as needed," Heubusch said. "Back in the '80s or '90s, for example, if the SWAT Team showed up for a call out, guess what, they were going in the door. We have new techniques now. If there's no danger, we've learned it's better to sit and wait."

Today's incident lasted more than four hours, but in the end, the patience of trained and skilled police officers proved the perfect response.

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Officer James DeFreze on the right.

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Jackson Street house surrounded by city police

By Billie Owens

Batavia police have their weapons drawn and a house surrounded on Jackson Street by the Salvation Army and railroad tracks. Unknown situation. A caller earlier reported being downstairs and hearing doors slamming upstairs, although no one should be upstairs. The street is blocked off.

UPDATE 3:08 p.m.: The occupants who were downstairs are out of the building.

UPDATE 3:32 p.m.: Howard at the scene says a neighbor there told him that a man who lives in the two-story tan-colored house was bothered by children making noise and distrubing the peace and he threatened to shoot them if they didn't stop the ruckus.

UPDATE 5:09 p.m.: The county's Emergency Response Team now has the house surrounded.

UPDATE 6:18 p.m.: Statement from Batavia PD Officer Marc Lawrence: "This afternoon around 2:15 we got an initial report of a tenant upstairs threatening harm to his neighbors. Patrols responded to speak the male subject in his approximate 60s, white male; male would not answer the door for patrols. Patrols attempted communication. During the initial contact, patrols had reason to believe that the male may have access to weapsons. That at this point is unconfirmed. We are taking all precautionary measures at this time. Neighboring residents have been evacuated and officers have established a perimeter, attempting to make with subject. Emergency Response Team was notified and responded. We are being assisted by New York State Police, the Genesee County Sheriff's Office, and the Genesee County Emergency Management coordinating agency. We will be updating the situation as it progresses. At this point the incident is still under investigation. Charges will be filed as appropriate. We are urging all residents to stay inside and refrain from travelling the area as much as possible."

In response to a question from WTBA, Lawrence said the subject is known to police.

Howard asked if at some point authorities will take action, or will they just wait it out, and Officer Lawrence said: "We are looking to take action, but at this point if we can get in to have any communication, we will wait it out. We are trying to keep this as minimal as possible. We don't want anyone injured."

Lawrence said they did communicate with the man briefly. At one point, the SWAT team moved further away from the house. When asked why, Lawrence said it was because "they were looking to have a negotiator talk, but then all negotiations fell through and they moved that room back to a safe distance."

"...It is our expectation we are going to be here a little while. It could stop now; it could stop three hours from now."

He added that police believe he does have a gun, but they have not confirmed that.

UPDATE 7:04 p.m.: The suspect has been arrested.

UPDATE 7:05 p.m.: About 20 minutes prior to the arrest, a reverse 9-1-1 call went out to residents within at least a quarter-mile of the scene, telling them to shelter in place. The fire department was called in. Crowds which had gathered along Ellicott Street to watch the goings-on where told to move back. An object was seen being thrown up to a window, and Officer Marc Lawrence said that it was a portable phone.

Grand Jury: Man indicted on three violent felonies for alleged child sex abuse

By Billie Owens

Brandon M. Weig is indicted for the crime of aggravated sexual abuse in the second degree, a Class C violent felony. It is alleged that on Nov. 13, 2013, Weig, while at a residence on Bank Street in the City of Batavia, did insert his finger in the vagina of another person, causing physical injury to the person who was less than 11 years old. In count two, the Grand Jury accuses him of the crime of aggravated sexual abuse in the second degree, a Class C violent felony, for allegedly on the same day, at the same address, inserting his finger in the rectum or anus of another person causing physical injury to the person who was less than 11 years old. In count three, Weig is accused of first-degree sexual abuse, a Class D violent felony, for allegedly being 18 or older and with intent to cause physical injury to a person less that 7 years old, causing such injury to the person.

Lori J. Marchese is indicted for the crime of DWI as a Class E felony. It is alleged that on Nov. 29, 2014, Marchese drove a 2009 Chevrolet on West Main Street Road (Route 5) while her ability to do so was impaired by drugs. In addition, the DA filed Special Information with the Grand Jury, accusing her of having been convicted of DWI as a Class A misdemeanor on Aug. 25, 2005, in Batavia City Court. That conviction was within 10 years previous to the commission of the crimes alleged in the current indictment.

Cody D. Cutitta is indicted on seven counts. The first is sealed pending arrest. In count two, Cutitta is accused of the crime of criminal possession of stolen property, 4th, a Class E felony. It is alleged that on Dec. 16, 2014, in the Town of Batavia, Cutitta knowingly possessed stolen property to benefit himself or a person other than the owner or to impede the recovery by an owner. The alleged property involved was a credit or debit card. In count three, he is accused of second-degree forgery, a Class D felony. It is alleged that on the same day while at an auto parts store in the City of Batavia, Cutitta, with intent to defraud, deceive or injure another, falsely made, completed, or altered a written statement which was purported to be a commercial instrument -- a credit / debit card -- to buy $132.18 worth of auto parts without having the authority to do so. In count four, the Grand Jury accuses Cutitta of second-degree forgery, also a Class D felony, for making an unauthorized purchase of $410.54 worth of auto parts on the same day with the same card. In count five, Cutitta is accused of second-degree forgery, another Class D felony, for buying $82.31 worth of merchandise at Walmart with another person's credit / debit card, without having the authority to do so. In count six, the defendant is accused of petit larceny, a Class A misdemeanor, for using the same card to buy $36 worth of gas at Hess Mart, as well as the other aforementioned purchases. In count seven, Cutitta is accused of second-degree identity theft for allegedly knowingly and with intent to defraud, having assumed the identity of the rightful card holder to unlawfully obtain goods, property or services in an aggregate amount that exceeded $500.

Law and Order: Batavia man accused of skipping cab fare after ride from Macedon

By Howard B. Owens
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Nicholas Elmore

Nicholas J. Elmore, 26, of Batavia, is charged with theft of services, petit larceny and criminal possession of a controlled substance, 7th. Elmore was arrested by Macedon PD for alleged shoplifting. He hired a cab for a ride from Macedon PD's office to a hotel in Batavia. He allegedly fled through a back door of the hotel without paying his $144 cab fare. State Police were dispatched to the complaint. They located Macedon PD paperwork related to the shoplifting arrest on the back seat of the cab. Elmore had used another person's ID with the Macedon PD. That person was located by troopers and interviewed. Troopers secured a photo of Elmore and shared it with Macedon PD who confirmed Elmore was the actual suspect in the shoplifting case. Elmore was located in a local hotel and arrested. At the time of his arrest, he allegedly possessed three packages of heroin. He was jailed on $800 bail.

Matthew Lilly, 25, of Marshall Road, Lyndonville, was arrested on a warrant. Lilly allegedly failed to appear on a disorderly conduct charge from April, 2014. He was jailed on $200 bail.

Gregory Scott Snyder, 46, of Alleghany Road, Darien, is charged with assault, 3rd. Snyder allegedly punched another person in the face during an argument reported 10 p.m. Thursday on Genesee Street, Alexander. The alleged victim was transported to Warsaw Hospital for treatment.

Cory Lynn Hyde, 33, of South Main Street, Mount Morris, is charged with disorderly conduct. Hyde was arrested on a warrant out of Town of Darien Court. He was jailed on $200 bail.

John Charles Siracuse III, 31, of Pringle Avenue, Batavia, is charged with falsely reporting information about an actual incident. Siracuse is accused of providing information about a motor-vehicle accident that wasn't truthful. The accident was reported at 3:20 p.m. Thursday on Lewiston Road.

A 17-year-old resident of North Main Street, Oakfield, is charged with harassment, 2nd. The youth is accused of striking another person while in a vehicle at 8:30 p.m. Tuesday in Oakfield.

Ryan Michael Bobzin, 26, of West Bergen Road, Bergen, is charged with petit larceny. Bobzin allegedly stole an Xbox Kinect with a value of $100 from a family member April 22. He was jailed on $1,500 bail or $3,000 bond.

Leslie Charles Sage, 47, of Wight Road, Basom, is charged with aggraveted unlicensed operation, 3rd, driving on a suspended registration and driving a vehicle without an inspection sticker. Sage was stopped 3:28 p.m. March 28 on Park Road, Batavia, by Deputy Joseph Corona. He was jailed on $1,000 bail or $2,000 bond.

Barbara A. Hofert, 54, of Washington Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater and obstructed license plate. Hofert was stopped at 7:54 p.m. Tuesday on Porter Avenue, Batavia, by Officer Mitchell Cowen.

Juan Pozotempan-Ahuejote, 37, of Wood Street, Batavia, is charged with menacing, 3rd. Pozotempan-Ahuejote allegedly threatened another person with a raised, clinched fist during an argument reported at 3:50 p.m., Wednesday. He was jailed on $3,000 or $6,000 bond.

TyAnna D. Green, 20 of Holland Avenue, Batavia, is charged with disorderly conduct. Green was allegedly involved in an incident in the parking lot of Dunn Tire at midnight, Thursday.

Winston A. Lockhart, 20, of East Main Street, Batavia, is charged with disorderly conduct and unlawful possession of marijuana. Lockhart was allegedly involved in the incident with Gree, above.

Brody A. Jorgenson, 20, of Ellicott Street, Batavia, is charged with possession of alcohol under age 21. Jorgenson was allegedly involved with an underage drinking party reported at 1:14 a.m. Sunday at 340 Ellicott St., Batavia. Also charged Joshua A. Wester, 20, of Ellicott Street, Batavia.

Leonard A. Johnson III, 22, of Holland Avenue, Batavia, is charged with assault, 3rd. Johnson was arrested as the result of an investigation into an incident reported April 29 on Holland Avenue.

Jennifer Lynne Judkins, 20, of Dodgeson Road, Alexander, is charged with petit larceny. Judkins allegedly stole $43 in clothing from Kmart.

Jason Andrew Barnhart Sr., 28, of Pratt Road, Batavia, is charged with petit larceny, criminal contempt, 2nd, and criminal trespass, 3rd. Barnhart allegedly stole two DVDs from Walmart, and in the process violated an order of protection and being restricted from the property.

Christine Aminta Soler, 37, of Phelps Road, Pembroke, is charged with harassment, 2nd. Soler allegedly struck another person during an argument at 2:41 p.m., Wednesday. 

Luke Paul Simmons, 18, of Harper Road, Corfu, is charged with unlawful possession of marijuana. Simmons was arrested by Deputy Kevin McCarthy following an investigation into a report of a suspicous vehicle on Route 20 at 9:19 p.m., April 24.

Orentheo Jamar Flowers, is charged with aggravated unlicensed operation and unlicensed operator. Flowers was arrested on a warrant for an alleged failure to appear on the charges.

Shayne Robert Patterson, 49, of Killian Road, Corfu, is charged wit DWI, driving with a BAC of .18 or greater and drinking in a motor vehicle. Patterson was stopped at 8:38 p.m. Monday by Deputy Joseph Corona.

Crystal L. Wojtkowiak, 19, of Attica, is charged with false reporting and obstructing governmental administration. Garry P. Pitz, 20, of Depew, is charged with false reporting, obstructing governmental administration, reckless driving and other traffic violations. Wojtkowiak allegedly claimed to be the driver of a 2004 black Chevorlet Blazer involved in a rollover accident April 12 on Bowen Road, Alexander. State Police investigated and determined Wojtkowiak wasn't in the vehicle at the time of the accident and that Pitz was the actual driver. Pitz was reportedly driving northbound no Bowen Road when he made an alleged unsafe start and lost control of the Blazer, causing it to go off the east shoulder. He then overcorrected and spun around, causing the vehicle to rollover, coming to rest in the field on the east side of the highway. No deer were involved.

John J. Haire, 67, of Chili Riga Center Road, Churchville, was charged with DWI and driving with a BAC of .18 or higher. Haire was arrested following a complaint of a man urinating in the Top's Market parking lot in the Village of Le Roy.

Batavia, Stafford and Oakfield hit by vehicle thefts and larcenies from vehicles in April

By Howard B. Owens

A series larcenies from vehicles, along with four vehicle thefts, in Genesee County are under investigation and there is a suspect in at least one stolen vehicle case, according to Chief Deputy Jerome Brewster. 

The first report of a stolen vehicle came in on April 19. A vehicle was stolen from the Park Road area of Batavia. The vehicle was involved in a crash in Rochester and the driver and possible occupants fled the scene. Rochester PD is investigating.

On April 22, two vehicles were reported stolen.

A vehicle was stolen from within the Village of Oakfield. It was involved in a crash in the Town of Hamlin. The suspect or suspects fled the scene. Monroe County Sheriff's Office is investigating.

The most recent reports of thefts were April 29 on Bank Street Road. Along with the larcenies from vehicles, a 2008 Ford Focus, color blue, was reported stolen. There is a suspect in this case. The Sheriff's Office is handling the investigation.

Law and Order: Accused child sexual abuser hauled in from Florida, jailed without bail

By Billie Owens

Brandon Marshall Weig, 27, of Glen Meadow Drive, Lakeland, Fla., is charged with two counts of second-degree aggravated sexual abuse, assault -- injury to a person less than 7 years old, and sex abuse -- involving a person less than 11 years old. Weig fled Genesee County and was subsequently located at a family member's residence in Florida. He was extradicted and arraigned this morning on the charges in front of Genesee County Court Judge Robert C. Noonan. Weig is jailed without bail. He also has a bench warrant out against him from Genesee County Integrated Domestic Violence Court for failure to appear for sentencing. The case was investigated by Genesee County Sheriff's Deputy John Baiocco, assisted by Deputy Thomas Sanfratello.

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Brian Allen Erbach, 32, of Attica Gulf Road, Attica, is charged with three felonies: aggravated DWI (driving with a BAC of .18 percent or higher), aggravated DWI with a child age 17 or younger inside the vehicle (Leandra's Law), and DWI; plus endangering the welfare of a child (a misdemeanor), and two traffic infractions -- speed not reasonable or prudent for a curve in the roadway and moving from lane unsafely. After allegedly crashing the vehicle he was driving on Buckman Road, Bethany, on Saturday afternoon, Erbach reportedly fled the scene with his children -- ages 1 and 2 -- to an address on Dublin Road. He left his children with a family friend there and went into a wooded area behind the residence. He was subsequently found by the investigating officer in the woods near a chicken coop. The case was investigated by Sheriff's Deputy Christopher Parker, assisted by Wyoming County Sheriff's Deputy Brad McGinnis, members of the NY State Police stationed in Wyoming and Genesee counties, and several other members of the GC Sheriff's Office. (Photo above from scene on Saturday.)

Julie L. Dutton, 20, of Ellicott Street, Batavia, is charged with first-degree criminal contempt and criminal obstruction of breathing. She was arrested after allegedly violating a complete stay away order of protection issued by Batavia City Court by staying in the same residence as the protected party. Dutton allegedly choked the protected party during this time. She was jailed without bail. The case was handled by Batavia PD Officer Jamie Givens.

Travis M. Blue, 31, of Ellicott Street, Batavia, is charged with criminal obstruction of breathing. Blue allegedly choked a person during an argument on April 22. He was issued an appearance ticket and is to appear in City Court on Tuesday. The case was handled by Batavia PD Officer Jamie Givens, assisted by Officer Christopher Camp.

Sarah M. Wilson, 31, of Hutchins Street, Batavia, is charged with second-degree harassment -- physical contact, and failure to obey a court order. She was arrested following a call about a physical domestic incident and it is alleged that she slapped a victim in the face. She was jailed and bail set at $1,000. The case was handled by Batavia PD Officer Devon Pahuta, assisted by Officer Chad Richards.

Terrance M. Schramm, 24, of Columbia Avenue, Batavia, is charged with third-degree assault following an incident which occurred at 8:40 p.m. on April 29 on Holland Avenue, Batavia. He was arrested after a fight that allegedly involved himself and four other people. One of the people Schramm allegedly assaulted received minor injuries. The case was handled by Batavia PD Officer Jason Ivison, assisted by Officer Devon Pahuta.

Terrance D. Johnson, 20, of Holland Avenue, Batavia, is charged with third-degree assault following an investigation into a disturbance on Holland Avenue. He is to appear in Batavia City Court on May 27. The case was handled by Batavia PD Officer Kevin DeFelice.

Samantha L. Gibbs, 25, of State Street, Batavia, is charged with endangering the welfare of a child. She was arrested after an investigation on April 26 into an incident where Gibbs, the sole caregiver to her children, was found to be intoxicated beyond the point where she could reasonably care for her children. She was issued an appearance ticket and is to appear in Batavia City Court at a later date. The case was investigated by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Scott Charles Rauth, 28, of Prole Road, Stafford, is charged with felony DWI, felony DWI with a BAC of .08 or higher, aggravated unlicensed operation in the first degree, unlawful possession of marijuana, and motor vehicle equipment violation for no/inadequate plate lamp. The charges stem from a traffic stop in the City of Batavia on East Main Street on April 22. Rauth is to appear in City Court on Tuesday. The case was handled by Batavia PD Officer Chad Richards, assisted by Officer Nedim Catovic.

Michael F. O'Neill, 44, of Englewood Avenue, Tonawanda, is charged with DWI with a prior conviction within the preceding 10 years, DWI with a BAC of .08 percent or more with a prior conviction within the preceding 10 years, aggravated unlicensed operation, 1st, unlawful possession of marijuana, and speeding -- 60 mph in a 30-mph zone. O'Neill was arrested April 19 as the result of a traffic stop on Oak Street in the City of Batavia. He was arraigned and jailed without bail and is to appear in City Court at a later date. The case was handled by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Carrie L. Blaszak, 44, of West Barre Road, Albion, was arrested April 26 and charged with DWI, refusing chemical testing, open container of alcoholic beverage, obstructed view, and failure to keep right. Blaszak was arrested following a traffic stop at 12:06 a.m. prompted by patrols observing a driver with "multiple signs of intoxication." She was jailed in lieu of $500 bail. The case was handled by Batavia PD Officer Nedim Catovic, assisted by Officer Eric Foels.

James Ryan Marino, 21, of Ogden Center Road, Spencerport, is charged with unlawful possession of marijuana, failure to obey a traffic device, drinking alcohol in a motor vehicle while on a a public highway, and operation of an unregistered motor vehicle on a public highway. He was stopped by law enforcement on Clinton Street Road in Stafford on April 30. He was issued an appearance ticket and is to appear in Stafford Town Court at a later date. The case was handled by Sheriff's Deputy Joseph Corona.

Monte J. Zurlo, 40, of Bloomingdale Road, Akron, is charged with driving while intoxicated and aggravated driving while intoxicated for allegedly having a BAC of .18 percent or more. The arrest followed a traffic stop on April 27. Zurlo is to appear in Batavia City Court on May 20. The case was handled by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Karen D. Bannister, 74, of 172 S. Main St., Apt. #207, Batavia, was arrested April 23 and charged with harassment. Her arrest was prompted by an ongoing issue between Bannister and her neighbors. It is alleged that Bannister has had repeated unwanted contact with her neighbors and had been advised by law enforcement to cease contact with them. She was issued an appearance ticket for Batavia City Court. The case was investigated by Batavia PD Officer Peter Flanagan, assisted by Officer Kevin DeFelice.

Sarah M. Wilson, 31, of State Street, Batavia, is charged with second-degree criminal contempt. Wilson is accused of disobeying a court order to stay away from a protected party in an order of protection issued by Batavia City Court. She was arrested April 29 and released on an appearance ticket for Batavia City Court on May 19. The case was handled by Batavia PD Officer Nedim Catovic.

Max Lyman Metcalf Jr., 34, Batavia-Oakfield Townline Road, Oakfield, was arrested April 24 at 9:21 p.m. on South Pearl Street in Oakfield following a traffic stop. Metcalf is charged with misdemeanor driving while intoxicated, failure to use turn signal, operating an ATV without headlights, unlawful operation of an ATV on a public highway, and operating an unregistered ATV. He was involved in a short pursuit with law enforcement after being observed by deputies allegedly riding his ATV down Route 63 before turning onto South Pearl Street in the Village of Oakfield. Metcalf allegedly fled east down the abandoned railroad bed into Alabama before being apprehended. He was issued an appearance ticket and is to return to Town of Oakfield Court on May 25. The case was investigated by Sheriff's Deputy Michael Lute, assisted by Deputy James Diehl.

Jeremy P. Almeter, 31, of Center Street, Batavia, is charged with second-degree harassment. On the morning of April 20, following a dispute with a friend, Almeter allegedly shoved a person and threw the person's coffee outside. He was issued an appearance ticket for Batavia City Court. The case was investigated by Batavia PD Officer James DeFreze, assisted by Officer Mitchell Cowen.

Willie J. Thomas, 39, of State Street, Batavia, is charged with disorderly conduct. He was arrested after allegedly punching a person while inside a public location on West Main Street. He is to be in Batavia City Court May 5. The case was handled by Stephen Cronmiller.

Shane Zimblis, 44, of Hutchins Street, Batavia, is charged with trespass and petit larceny. Zimblis was arrested April 28 on West Main Street Road, Batavia, following a complaint from Mill Street where Zimblis allegedly stole some scrap metal. Zimblis is set to appear in Batavia City Court on May 12. The case was investigated by Batavia PD Officer Mitchell Cowen, assisted by Officer Jamie Givens.

Kyle J. Burdick, 26, of North Lyon Street, Batavia, is charged with second-degree criminal trespass -- remaining in a dwelling. He was arrested after being found allegedly hiding in the back room of a divided basement which belonged to another tenant. The basement is separated by a wall and the door is secured door with a latch and padlock, which had been removed. He is to appear in Batavia City Court on May 19. The case was handled by Batavia PD Officer Jamie Givens.

Desmond L. Majors, 22, of Dewey Avenue, Rochester, was arrested April 24 on a bench warrant for failure to appear on two counts of second-degree harassment and one count of disorderly conduct. Majors was located by Rochester PD on an unrelated traffic stop and turned over the BPD. The case was handled by Batavia PD Officer Christopher Lindsay, assisted by Officer Marc Lawrence.

Ricard F. Sarro, 20, of Jackson Street, Batavia, and Shawna L. Adams (no age provided), Mia Velletta (no age provided), and Cherub E. Madafferi (no age provided) are charged with unlawful possession of alcohol by a person under age 21. They were arrested after midnight April 26 following an investigation into an under-age drinking party at 108 Jackson St. where residents had previously been warned by law enforcement about providing alcohol to persons under age 21. The case was investigated by Batavia PD Officer Eric Foels, assisted by Officer Felicia DeGroot.

Taein Yoon, 22, of Jackson Street, Batavia, is charged with unlawful possession of marijuana and unlawfully dealing with a child. Yoon, a Republic of Korea native here on a student VISA playing for GCC's Men's Soccer Team, was arrested April 26 following the report of Yoon hosting an under-age drinking party at his apartment. He was issued an appearance ticket and is to appear in Batavic City Court at a later date. The case was investigated by Batavia PD Officer Marc Lawrence, assisted by Officer Christopher Lindsay.

Sean E. Allen, 21, of Jackson Street, Batavia, is charged with unlawful possession of marijuana and unlawfully dealing with a minor. Allen, a native of Ireland here on a student VISA playing for GCC's Men's Soccer Team was arrested April 26 following the report of Allen hosting an under-age drinking party at his apartment. He was issued an appearance ticket for Batavia City Court at a later date and released. The case was investigated by Batavia PD Officer Marc Lawrence, assisted by Officer Christopher Lindsay.

Chiyannon James Deforest Bundy, 27, of Gilbert Street, Le Roy, is charged with failure to pay fine. He was being held in Genesee County Jail on an unrelated matter and was arrested on a bench warrant from GC Court for failure to pay his fine. He was arraigned this morning and bail set at $1,000. He was then returned to jail. The case was handled by Sheriff's Deputy John Baiocco.

Jorge Sosa, 47, of Masseth Street, Rochester, is charged with a violation of probation. Sosa was located in Rochester by the Henrietta PD and found to have an active warrant out of Genesee County Court. He was brought to Batavia and jailed in lieu of $3,000 cash bail. The case was handled by Batavia PD Officer Frank Klimjack.

Susan Foley, 47, of Woodsfield Drive, Lakeview, is charged with issuing a bad check. She turned herself in on the charge after an arrest warrant was issued by Batavia City Court. On Dec. 3, 2013, she allegedly wrote a check to a business in the City of Batavia that was returned for insufficient funds. Foley posted cash bail and is to return to City Court on May 12. The case was handled by Batavia PD Officer Jamie Givens.

Sabaheta Jukic, 50, of Bamm Hollow Road, Clay, is charged with possession of more than 4,000 untaxed cigarettes, speeding -- 52 in a 40-mph zone, and following too closely. Jukic was stopped April 30 on Route 77, Town of Pembroke, and subsequently allegedly found in possession of 4,000 untaxed cigarettes. Jukic was issued a traffic summons and an appearance ticket and is to be in Town of Pembroke Court on May 26. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Patrick Reeves.

Andrea L. Hendrickson, 34, of Chesterton Road, Rochester, is charged with unlawful possession of marijuana, obstructed plate, and obstructed driver's view. Hendrickson was stopped on April 30 on Route 77, Town of Pembroke, for vehicle and traffic charges and subsequently allegedly found to be in possession of marijuana. She was issued a traffic summons and an appearance ticket for Town of Pembroke Court for May 26. The case was handled by Sheriff's Deputy Richard Schildwaster, assisted by Deputy Patrick Reeves.

Roxanne Lynn Battaglia, 49, of Belknap Street, Rochester, is charged with unlawful possession of marijuana. She was a passenger in a vehicle stopped on Route 77, Town of Pembroke, on April 30. She was subsequently allegedly found to be in possession of marijuana. She was arrested, issued an appearance ticket and is to appear in Town of Pembroke Court on May 26. The case was handled by Sheriff's Deputy Richard Schildwaster, assisted by Deputy Patrick Reeves.

Christian J. Finkney, 27, of North Pembroke Road, Batavia is charged with violating a condition of sentence. He was arrested on April 18 and released with an appearance ticket for City Court May 5. The case was handled by Batavia PD Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Joseph M. Marsceill, 48, of Pringle Avenue, Batavia, was arrested April 8 on an outstanding bench warrant from Batavia City Court. The arrest came after a traffic stop on Liberty Street. Marsceill pled guilty to a previous charge of operating a motor vehicle with a suspended registration and he allegedly failed to pay the resulting fine. He was released after posting bail. The case was handled by Batavia PD Officer Nedim Catovic.

Corina M. Distefano, 24, of Mount Read Boulevard, Rochester, was arrested for failure to appear in court after being issued a traffic ticket. She was taken into custody upon her release from Monroe County Jail on an unrelated matter. She was put in Genesee County jail in lieu of $250 bail. The case was handled by Batavia PD Officer Devon Pahuta.

Michael S. Gumberts, 23, of Stony Point Road, Rochester, was arrested by Town of Gates PD following a traffic stop on April 20 and turned over to Batavia PD. He had a bench warrant for failure to appear in Batavia City Court. He was jailed in lieu of $300 bail. The case was handled by Batavia PD Officer Stephen Cronmiller.

Law and Order: Woman accused of stealing boyfriend's boots

By Howard B. Owens

Ann Rita Pokornowski, 54, of Ellicott Street, Batavia, is charged with petit larceny. Pokornowski is accused of stealing a pair of boots from her boyfriend's house on Bennett Avenue, Oakfield.

Sade Henderson, 20, of New York City, is charged with petit larceny. Henderson is accused of stealing an Internet router from a dorm room at College Village. 

Danielle G. Bryant, 41, of Stewart Road, Pavilion, is charged with criminal contempt, 2nd. Bryant is accused of violating an order of protection in Le Roy.

Man accused of preventing firefighters from entering smoke-filled trailer

By Howard B. Owens

An Oakfield man has been accused of impeding firefighters who responded to a report of smoke in a residential trailer on Overlook Drive on Sunday.

Jeffrey M. Johnson, 27, is charged with obstructing firefighter operations.

Town of Batavia Fire responded to the call at 5:20 a.m., Sunday.

Johnson was said to be uncooperative and allegedly refused firefighters entry into the trailer, which firefighters said was filled with significant smoke.

State Police were summoned and Johnson was taken into custody and jailed on $250 bail.

It was determined the smoke was the result of food left on an unattended stove.

NOTE: Johnson's arrest was reported in this morning's Law and Order, but we received additional information this afternoon.

Dash cam video shows three-vehicle accident on Thruway in Batavia

By Howard B. Owens

Kiran Thapa

This video of a three-vehicle accident last Tuesday on the Thruway going through Batavia already has more than 230,000 views and has drawn more than 400 comments.

The driver of the Camaro was charged with DWI.

Kiran Thapa, 32, of Columbus, Ohio, was allegedly driving with a BAC of .19. He was also charged with aggravated unlicensed operation, 1st, a Class E felony.  

Thapa was arraigned in Town of Batavia Court and jailed on $2,500 bail or $5,000 bond.

A spokesman for Troop T had no further information available on the accident at this time.

Law and Order: Teen accused of selling drugs at high school

By Howard B. Owens

Dakota R.L. White, 16, of South Lake Street, Bergen, is charged with criminal sale of a controlled substance, 5th, and criminal possession of a controlled substance, 7th. White is accused of possessing and selling a controlled substance at Byron-Bergen High School. White was arraigned and released under supervision of Genesee Justice.

A 17-year-old resident of York Road, Pavilion, is charged with petit larceny. The youth is accused of stealing an item from Pavilion High School.

Amer Jusufbasic, 37, of Mohawk Street, Utica, is charged with possession of more than 400 untaxed cigarettes, aggravated unlicensed operator, 2nd, unlicensed operator, driver's view obstructed and driving without an interlock device. Jusufbasic was stopped at 12:48 p.m. Wednesday on Route 77, Pembroke, by Deputy Patrick Reeves. Jusufbasic was allegedly in possession of 2,600 untaxed cigarettes. He was jailed on $1,500 bail or $5,000 bond.

Christine Amnita Soler, 37, of Phelps Road, Pembroke, is charged with driving while ability impaired by drugs, aggravated unlicensed operator, 3rd, improper left turn, unlawful possession of marijuana and unlicensed operator. Soler was stopped at 10:16 a.m. Friday on Phelps Road, Pembroke, by Deputy Patrick Reeves.

Christopher Allen Sewar, 28, of Maple Street, Batavia, is charged with petit larceny. Sewer is accused of stealing merchandise valued at $10 from Walmart.

Todd Vincent Amico, 51, of Burritt Road, Hilton, is charged with possession of 400 untaxed cigarettes. Amico was a passenger in a vehicle stopped at 10:08 a.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves. Amico was allegedly in possession of 2,300 untaxed cigarettes.

Jerell J. Jones Sr., 26, of East Main Street, Batavia, is charged with disorderly conduct, resisting arrest and obstructing governmental administration. Jones was allegedly involved in two verbal arguments that required police intervention to prevent two separate physical confrontations. Jones was jailed on $2,500 bail or $5,000 bond.

Joshua H. Currier, 30 of Batavia, is charged with DWI. Currier was stopped by State Police on the Thruway in Henrietta on Thursday. He allegedly had a BAC of .12. 

Crystal L. Wojtkowiak, 19, of Attica, is charged with obstructing governmental administration and reporting false information regarding an incident. Wojtkowiak was arrested by State Police in regards to an unspecified incident in Alexander.

Laquasia M. Orr, 19, of Bronx, is charged with identity theft, 3rd. Orr was arrested by State Police in relation to an unspecified incident Saturday.

Jeffrey M. Johnson, 27, of Batavia, is charged with obstructing firefighting operations. Johnson was arrested by State Police for an alleged incident reported at 5:20 a.m. Sunday at 26 Overlook Drive, Batavia. No further details released.

Teen admits to violent robbery, but says no weapon was used

By Howard B. Owens
Tyshon Taylor

A teenager accused of participating in a violent robbery in March on Central Avenue is facing a possible three years in prison after entering a guilty plea in County Court this afternoon to a charge stemming from that attack.

Tyshon L. Taylor was originally charged with assault in the first degree, but the plea deal reduced the charge to attempted assault, 2nd.

In the initial report, Taylor was accused of hitting a person with a gun, but when Judge Robert C. Noonan questioned Taylor as part of the factual admission portion of his hearing, Noonan asked about the use of a knife. Taylor said no weapon was used at all.

After a conference among the attorneys at Noonan's bench, District Attorney Lawrence Friedman amended the count Taylor would admit to. Instead of second-degree assault, the charge was changed to attempted assault, 2nd. That kept it as a Class D violent felony and preserved the three-year potential prison term.

Taylor then admitted to participating in the forcible theft of property from a person while working in concert with another suspect.

His co-defendant is Preston Daigler, who is scheduled to appear in County Court on Monday on a possible plea deal.

Taylor was soft spoken and respectful throughout the hearing, often answering Noonan's questions with, "yes, sir."

Sentencing is scheduled for 11 a.m., July 6.  

Taylor remains in custody without bail.

Bank Street woman accused of selling cocaine

By Howard B. Owens
Shannon Dick

A 33-year-old Bank Street resident has been accused of selling drugs following an undercover investigation by the Local Drug Task Force and the execution of a search warrant at her residence.

Shannon H. Dick is charged with three counts of criminal sale of a controlled substance, 3rd, three counts of criminal possession of a controlled substance, 3rd, criminal sale of a controlled substance, 5th, and criminal possession of criminal possession of controlled substance, 5th.

As a result of the search warrant, she was also charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

Prior to her arrest, the Grand Jury of Genesee County, indicted Dick on the first set of charges.

She allegedly sold cocaine to an agent of the task force while in the City of Batavia.

Dick was jailed pending arraignment in Genesee County Court.

The warrant allegedly uncovered crack cocaine and marijuana. She was issued an appearance ticket on those charges. 

Batavia PD and the District Attorney's Office assisted in the arrest and investigation of the suspect.

Traffic stop allegedly yields 27 packages of crack cocaine

By Howard B. Owens
Ronnie Edmunds

A suspected drug dealer from Rochester was arrested Wednesday following a traffic stop on Route 33, Stafford, which led to the alleged discovery of 27 individual bags of crack cocaine.

Ronnie D. Edmunds, 24, of Alice Drive, Rochester, is charged with criminal possession of a controlled substance, 3rd, unlawful possession of marijuana and aggravated unlicensed operation, 2nd.

Following arraignment in Town of Stafford Court, Edmunds was jailed on $20,250 bail.

The investigation was led by the Local Drug Task Force with the assistance from the District Attorney's Office and uniformed Sheriff's deputies.

Law and Order: Le Roy man accused of selling pills to task force agent

By Howard B. Owens

Jason P. Andrews, 38, of Lake Street Road, Le Roy, is charged with two counts of criminal sale of a controlled substance, 5th, and two counts of criminal possession of a controlled substance, 5th. Andrews is accused of selling an unspecified controlled substance in the form of pills to an agent of the Local Drug Task Force. Andrews was arrested at his residence, arraigned and released under supervision of Genesee Justice.

Jonathon Grant Browne, 22, of Leighton Avenue, Rochester, is charged with possession of untaxed cigarettes, unlawful possession of marijuana, aggravated unlicensed operation, 2nd, speeding and driving a vehicle without stop lights. Browne was stopped at 4:08 p.m. Tuesday on Main Street, Oakfield, by Deputy Joseph Corona.

A 17-year-old youth, residence not specified, is charged with criminal mischief, 3rd. The youth was arrested in Alexander by State Police. No further details released.

Jenna L. Josephite, 26, of Batavia, is charged with criminal possession of a controlled substance, 7th, and Dillon M. Brito, 23, of Batavia, is charged with unlawful possession of marijuana. Josephite and Brito were arrested and charged by State Police at 3:30 p.m. Sunday on Route 5, Town of Batavia. No further details released.

Grand Jury Report:

Veronica Garcia is indicted on a count of felony DWI, felony driving with a BAC of .18 or higher, two counts of driving drunk with a child less than 15 years of age in the vehicle and endangering the welfare of a child. Garcia is accused of driving drunk Dec. 19 on Route 98, Alexander, with two children in the vehicle. She allegedly has a prior DWI conviction from February, 2011, in the City of Batavia.

Former nursing home owner faces new federal charge

By Howard B. Owens

The former owner of the Batavia Nursing Home is facing a new federal charge after being indicted on a count of bankruptcy fraud by a federal grand jury.

Marc Korn, 58 and a resident of Amherst, is accused of making false statements under oath during a bankruptcy proceeding concerning the ownership of safe deposit boxes. He is also accused of failing to disclose life insurance policies transferred to another person and concealing assets from creditors.

Korn was already under federal indictment on charges of wire fraud, bank fraud, and failure to pay employment taxes, as well as making false statements to law enforcement.

That indictment was issued in 2011, at a time when Korn was under fire for reportedly failing to pay his Batavia employees.

All told, Korn is facing as much as 30 years in prison and more than $1 million in fines or both.

He's scheduled to go to trial on the first set of charges May 20.

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