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Deputies looking for hit-and-run vehicles

By Howard B. Owens

Within the past couple of days there have been two hit-and-run accidents with suspect vehicles still at large.

The Sheriff's Office is looking for a black pickup truck with front-end damage that hit another vehicle on East Main Road, Le Roy.

They are also looking for a silver or gray Mazda that hit a utility pole and fire hydrant on Swamp Road, Bergen. That vehicle sustained driver side front-end damage and passenger side damage.

No further details available at this time.

Tips can be phoned into the Sheriff's Office at (585) 343-5000.

Warrant issued for missing sex offender

By Howard B. Owens
James Chase

Press release:

A warrant has been issued for a Level 3 sex offender, James A Chase, who failed to report for his 90-day verification.  

The Batavia Police Department is looking for help from the community in locating him. 

James A. Chase is about 6’2” and weighs 240 pounds. He is listed as homeless on the City of Batavia Sex Offender page. 

He  is usually wearing camouflage and sometimes wears a face mask when he is walking. 

If anyone has information call the City of Batavia Police at 345-6350 or Officer James Defreeze at 345-6365.

UPDATE 2 p.m.: James Chase turned himself in. He is being arraigned in City Court this afternoon. Police say more information will be released later.

Sexual abuse alleged in indictment unsealed this afternoon

By Howard B. Owens

A 22-year-old resident of Hutchins Street, Batavia, is facing a group of sex crime charges after being arraigned this afternoon in both City Court and County Court.

Judge Robert C. Noonan unsealed a two-count indictment against Kasean L. Shannon. He is charged with sexual abuse in the first degree and sexual misconduct.

Shannon is accused of subjecting another person to sexual contact while the victim was unable to give consent by reason of being physically helpless.

He is also accused of engaging in sexual intercourse without the other person's consent.

In City Court, before Judge Micheal Del Plato, Shannon was arraigned on two charges of sexual abuse.

"I believe there may be further charges coming based on my conversation with law enforcement and District Attorney Friedman," his attorney Jamie Welch told Del Plato.

Also pending for Shannon are a criminal contempt charge and an unlawful possession of marijuana charge.

At the time of both arraignments, Shannon was in custody and came dressed in the Genesee County Jail orange jumpsuit.

Welch didn't ask for a bail review in either court and Noonan ordered Shannon held without bail.

The attorney also said he isn't ready to bind the case over to the Grand Jury and said he doesn't plan on seeking a preliminary hearing.

Other Grand Jury indictments released today:

Crystal L. Marsceill is indicted on a count of bail jumping, 2nd. It's alleged that Marsceill failed to appear on a criminal court case nor voluntarily within 30 days of her scheduled court appearance.

Kassidy R. Watson is indicted on one count of tampering with physical evidence. Watson is accused of tampering with physical evidence she believed was about to be produced or used in an official proceeding with the intent to prevent the evidence from being produced.

Batavia resident to serve four years on pair of rape charges

By Howard B. Owens

A 21-year-old Batavia resident who entered a guilty plea last month to a pair rape charges received a near maximum prison term from Judge Robert C. Noonan today in County Court.

Maleak H. Green, most recently a resident of Ellicott Street, admitted Jan. 7 raping two girls, age 16 and age 15.  He pled guilty to two counts of rape 3rd in a deal that capped his sentence on both counts to four years in prison, to be served concurrently.

He also entered a guilty plea to criminal contempt 1st with a sentence cap of 1 1/3 to 4 years in state prison.

That sentence could have been given to Green consecutive to his rape sentencing, making a maximum possible sentence of 5 1/2 to 8 years.

Noonan gave Green concurrent terms on all three counts.

Green was charged with rape in the third degree because of the age of the victims, but District Attorney Lawrence Friedman said if the case had been presented to a grand jury, he would have sought an indictment on rape in the first degree, alleging force, along with other criminal charges.

Friedman made the statement while asking for the maximum prison time available in the plea deal.

"It is our position that this defendant received substantial consideration in being able to enter this plea," Friedman said.

Green made no statement to Noonan.

Law and Order: Batavia man accused of identity theft

By Howard B. Owens

Justin Michael Cahoon, 23, of West Main Street, Batavia, is charged with identity theft, 3rd. Cahoon is accused of making unauthorized charges to another person's checking account.

Ronald Jason Scroger, 34, of Swan Street, Batavia, is charged with criminal trespass, 3rd. Scroger is accused of entering Walmart after being previously banned.

Sarah Mae Wilson, 30, of Hutchins Street, Batavia, is charged with violation of order of protection. Wilson allegedly contacted the protected party via telephone at the Genesee County Jail.

Melissa C. Verton, 35, of South Main Street, Batavia, was arrest on a warrant for alleged failure to appear on a registration suspended/revoked charge. Wilson was arrested at her residence.

Law and Order: Man accused of hitting officer in face during arrest

By Howard B. Owens

Jon N. Roblee, 39, of Liberty Street, Batavia, is charged with resisting arrest, third-degree assault 3rd, and assault, 2nd. Roblee allegedly pulled the hair of another person, causing hair to be pulled out of that person's head and causing pain. He also allegedly punched the victim in the chest. He allegedly resisted arrest and struck an officer in the face, causing injury. Roblee was ordered held without bail.

Michael John Henry, 48, of Hutchins Street, Batavia, is charged with endangering the welfare of a child and criminal obstruction of breathing. Henry allegedly choked another person while in the presence of a child. An order of protection was issued.

Kevin J. Weber, 44, of Columbia Avenue, Batavia, is charged with criminal mischief. Weber allegedly damaged a door at a residence on Columbia Avenue during an argument. Weber was jailed on $2,500 bail.

Ryan L. Weber, 35, of North Lyon Street, is charged with operating a vehicle without valid inspection. Weber was arrested on a warrant for alleged failure to appear on the charge following a traffic stop.

Law and Order: Women accused of forging and cashing benefits check

By Howard B. Owens

Cindy L. Bush, 52, of Oak Orchard Road, Batavia, is charged with forgery, 2nd, possession of a forged instrument, 2nd, and conspiracy, 5th. Bush allegedly forged the signature of another person on a check issued by DSS. Bush allegedly conspired with another person in the forgery.

Doris L. Mayl, 62, of Manhatten Avenue, Batavia, is charged with possession of a forged instrument, 2nd, conspiracy, 5th, and petit larceny. Mayl allegedly possessed and cashed a check issued to another person by DSS. Mayl allegedly conspired with another person in the scheme.

Jessica Leeann Bovier, 18, of Pratt Road, Batavia, is charged with unlawful possession of marijuana and speeding (59 in a 45 mph zone). A 17-year-old passenger resident of Genesee Street, Pembroke, was also charged with unlawful possession of marijuana. Bovier was stopped at 12:13 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Byron R. Lee, 48, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear on an attempted petit larceny charge. Lee turned himself in and posted $150 bail.

Sarah M. Wilson, 30, of Hutchins Street, Batavia, is charged with harassment, 2nd, two counts of reckless endangerment and one count of endangering the welfare of a child. While a passenger in a moving vehicle, Wilson allegedly hit the driver in the face. A 3-month-old child was in the vehicle at the time of the alleged incident. Wilson was jailed on $1,000 bail.

Christina A.M. Deluna, 34, of Liberty Street, Batavia, was arrested for alleged failure to appear on a ticket for aggravated unlicensed operation, 3rd. Deluna was taken into custody at the Monroe County Jail. Following arraignment, Deluna was released on her own recognizance. 

Jordan M. Briggs, 27, of West Main Street, Batavia, is charged with harassment, 2nd, and trespass. Briggs was allegedly in an establishment on West Main Street after being told to leave. He allegedly struck another person while being escorted from the property. 

Steven A. Hill, 44, of Star Street, Medina, is charged with criminal contempt, 2nd. Hill turned himself in on a warrant. He allegedly left a voice mail on the phone of a person who was protected by court order. 

Heather Lynn Draper, 25, of East Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a trespass charge. Draper turned herself in and was released on her own recognizance.

Brian K. Laird, 20, of Wallace Street, Batavia, is charged with criminal trespass, 2nd. Laird allegedly entered a location on Oak Street through a window after being told he was no longer welcome at that location.

Jessica M. Pfenninger, 32, of Batavia, is charged with petit larceny. Pfenninger is accused of stealing from Kmart.

Matthew M. Mahaney, 33, of Corfu, is charged with DWI. Mahaney was stopped by State Police at 10:19 p.m. Thursday on Knapp Road, Pembroke.

Grand Jury Report: Man accused of choking 10-year-old child

By Howard B. Owens

Daniel J. Saeva Sr., is indicted on one count of second-degree strangulation and three counts of endangering the welfare of a child. Saeva is accused of intentionally impeding the normal breathing or blood circulation of another person by applying pressure to the throat or neck, causing stupor or loss of consciousness. Saeva allegedly choked a 10-year-old child Dec. 12 in the City of Batavia.

Joseph R. Kress is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Kress was allegedly driving drunk Sep. 1 in the Village of Corfu. He's accused of having a prior DWI conviction in January, 2011.

Eric L. Jamalkowski is indicted on counts of aggravated unlicensed operation, 1st degree, and bail jumping. Jamalkowski is accused of driving March 22 in the Town of Le Roy while knowing his driving privileges were suspended or revoked. He allegedly had 10 suspensions on his license at the time going back to 2007. Upon his arrest March 22, Jamalkowski was released from custody and allegedly failed to appear for a subsequent court date.

Rion J. Pawlak is indicted on four counts of falsifying business records, 1st, and two counts of petit larceny. Pawlak is accused of submitting false claims for reimbursement on business-related purchase to his employer in the Town of Le Roy on four separate occasions in the amounts of $78.30, $57.30, $102 and $98.76. He's also accused of stealing an umbrella.

Hotel robber found guilty by trial jury

By Howard B. Owens
Mark Maltese

The defense challenged the confessions of 44-year-old Mark Maltese to a series of robberies and a burglary in 2013; a jury yesterday found the Batavia resident guilty on all but one count on the indictment against him.

The jury went into deliberations shortly after noon Thursday, returned to the courtroom a couple of times to review video evidence and have transcripts read back, and then returned the verdict at about 4 p.m.

"Obviously, the key to the case is the defendant's confessions," said District Attorney Lawrence Friedman. "That's obviously the most powerful evidence we can have."

Maltese was found guilty of three counts of robbery, one count of third-degree burglary and second-degree criminal mischief and one count of grand larceny, 3rd.

A not guilty verdict was returned on one count of burglary.

The participation of Maltese in a burglary Nov. 27, 2013, of the Rent-A-Center in Batavia led to his arrest and helped investigators crack the case of three hotel robberies in Genesee County in the week prior to the burglary.

In confessions at the time of his arrest, Maltese told police he robbed the hotels because he needed money to buy crack cocaine. 

"I have been struggling with a major addiction to crack cocaine for about the past six or eight months," Maltese said. "This addiction has consumed me and the majority of my money goes to buy crack to feed by addiction. My crack use got way out of control and I didn't know how to stop or slow down with smoking it. I became desperate for money so that I could get more crack cocaine, so I turned to robbing places to get the money I needed for crack. Every bit of the proceeds from the three robberies went to buy crack for me to smoke. I was out of control with my addiction and didn't know where to turn."

Friedman said the defense challenged whether the confession was truly voluntary as well as some of the facts contained in the confession.

Maltese was also convicted of stealing a safe from a local residence, but he was not convicted of the burglary charge in that case.

Maltese faces up to 15 years in prison on each robbery count. Sentencing is set for March 4.

State Police plan increased DWI patrols over Super Bowl weekend

By Howard B. Owens

Press release:

The New York State Police will join local law enforcement agencies across the state in an effort to crack down on impaired driving during Super Bowl weekend. The STOP-DWI campaign will include increased patrols on the roadways and sobriety checkpoints to deter, identify and arrest impaired drivers.

While STOP-DWI efforts across New York have led to significant reductions in the number of drinking and driving fatalities, still too many lives are being lost because of crashes caused by impaired drivers. During the 2014 campaign, State Police made nearly 100 impaired driving arrests. The campaign will be promoted on variable message boards on highways across the state, including the New York State Thruway, and runs from noon through midnight on Super Bowl Sunday. The enforcement crackdown is funded by the Governor's Traffic Safety Committee.

Troop A Troop Commander Major Michael Cerretto said “We want everyone to enjoy the Super Bowl game and parties, however we would also like to ask them to be responsible, have designated drivers or plans to get home safely. We will be out patrolling the roadways and highways ensuring that they are safe for everyone to use."

An impaired driving conviction carries a maximum fine of $10,000, up to seven years in prison and license revocation.

In 2012, there were 10,322 people killed in alcohol-impaired-driving crashes in the United States — 31 percent of all crash fatalities in the nation.

Law and Order: Woman accused of providing alcohol to four minors

By Howard B. Owens

Carolina M. Frias, 34, of West Main Street, Batavia, is charged with four counts of endangering the welfare of a child and criminal nuisance. Frias is accused of providing alcohol to four juveniles at her residence.

Kimberly A. Brodsky, 23, of Elm Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic ticket. Brodsky turned herself in to Batavia PD. Brodsky's mother posted $250 bail.

Marene A. Donnelly, 29, of Oak Orchard East, Albion, was arrested on a warrant for allegedly parking after hours on city streets. She turned herself in to Batavia PD.

Kelly A. Kasper, 44, of Dellinger Avenue, Batavia, is charged with endangering the welfare of a child. Kasper is accused of causing pain to a child during a domestic incident. She was jailed on $3,000 bail.

Kurt Wayne Tripp, 58, of Bernd Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and refusal to take breath test. Tripp was arrested following a report of a vehicle on fire in a field at 7:53 p.m. Monday on Buckley Road, Stafford. It's alleged that Tripp drove a 2006 Chevrolet pickup while intoxicated when it travelled off the west shoulder of the road and eventually caught fire.

Task Force announces arrest of two suspected dealers

By Howard B. Owens
Joshua Baltz

A pair of investigations by the Local Drug Task Force has led to the arrest of two men, one accused of selling a controlled substance, the other of selling marijuana.

Busted were Joshua L. Baltz, 38, of Wood Street, Batavia, and Mark A. Knickerbocker, 17, of Route 262 in Byron.

Baltz allegedly sold a quantity of suboxone to an undercover agent on three separate occasions, once in Pavilion and twice in the City. 

He is charged with criminal sale of a controlled substance, 4th, a Class C felony.

Knickerbocker is accused of selling marijuana to a person under age 18 while in the Town of Bergen in May.

He is charged with criminal sale of marijuana, 2nd, a Class D felony.

The task force was assisted by the District Attorney's Office, uniformed deputies and Batavia PD.

Attorney for Jacquelyn Deats plans series of pre-trial appeals to get charge dismissed

By Howard B. Owens
Jacquelyn Deats

The Batavia woman who at one time thought she was the grandmother of a baby who died while reportedly in her son's care should have the criminal charge against her dismissed, her attorney will argue in a series of motions that will be filed March 3.

Jacquelyn Deats is charged with endangering the welfare of a child, under the theory that she took no action to seek medical attention for 6-month-old Chandler Zuchs before he died Dec. 10.

Court documents that were available at the time -- and have since been sealed -- contained statements by Jacquelyn Deats and her son Jeffrey Deats that seem to indicate the once-presumed grandmother was alone with Baby Chandler and noticed something wrong, but didn't call for an ambulance.

When Jeffrey Deats came downstairs that morning, he found Baby Chandler unresponsive. It was then that 9-1-1 was called.

Baby Chandler, according to later medical examiner reports, died of brain injuries.

Jeffrey Deats, who seems to have believed he fathered Chandler with Michelle Zuchs (aka Michelle Denise), was charged with manslaughter.

In Facebook and Twitter posts, prior to Chandler's death, he displayed a good deal of pride and affection for little Chandler.

While confined to the Genesee County Jail, Deats learned he wasn't Chandler's father.

A week after Chandler's death, Deats attempted to hang himself in his cell with bedsheets. He later died at ECMC.

Jacquelyn Deats appeared in court today with her attorney Thomas Burns and entered a not guilty plea to the charge of endangering the welfare of a child.

Burns, always aggressive on behalf of his clients, plans to file several motions aimed at either getting the charges dismissed or his client's statements surpressed.

Outside of court, Burns said he plans to challenge the legal sufficiency of the charge as well as bring a motion to dismiss the charge in the interest of justice.

A dismissal in the interest of justice has legal precedent and is predicated on a series of legal tests the judge must consider. 

"The case meets all the criteria for dismissal," Burns said. "(The motion) doesn't necessarily look at the merits of the case, but at the person's background, culpability, lack of criminal record, lack of a drug problem, factors such as no need for rehabilitation, no protection of the community issues. You put it all together and argue that the charge should be dismissed."

Burns has yet to see any evidence in the case, which could also be a factor in his series of motions.

With the Jeffrey Deats case sealed, it's unclear if Burns will have access to the medical records and police reports.

The case was sealed by Judge Robert Balbick under New York Law that requires cases to be sealed when a criminal case is resolved in the defendant's favor. With the death of Jeffrey Deats, the charges against him were dismissed.

Law and Order: Brother and sister charged in alleged choking incident

By Howard B. Owens

Julian Munoz, 63, of Transit Road, Elba, and Carmelina Chavez, 47, of Drake Street, Oakfield, are charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Munoz and Chavez, brother and sister, allegedly choked and pushed a victim down a flight of stairs. 

Heather Jaye Interlicchia, 55, of Ramona Street, Rochester, is charged with possession of more than 400 untaxed cigarettes. Interlicchia was stopped for an alleged traffic violation at 12:08 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Windfield L. Marshall, 44, of Lake Street, Le Roy, was arrested on a warrant for alleged failure to pay fine on a parking violation. Marshall turned himself in and posted $25 bail.

Khadijah Azizza Davis, 23, of Arnett Boulevard, Rochester, is charged with criminal possession of a controlled substance, 7th, aggravated unlicensed operation, 2nd, unlicensed driver and speeding in zone. Davis was stopped at 11:49 p.m. Wednesday on Clinton Street, Batavia, by Officer Jason Davis, for allegedly driving 47 in a 30 mph zone. Davis was jailed on $1,000 bail.

Kasean L. Shannon, 22, of Hutchins Street, Batavia, is charged with unlawful possession of marijuana. Shannon was allegedly found in possession of marijuana during police contact with Officer Marc Lawrence while on Washington Avenue at 1:37 p.m. Wednesday.

Chana J. Mitchell, 22, of Prospect Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge. Mitchell turned himself in and jailed on $200 bail.

Joseph Michael Marceill, 47, of Pringle Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a driving while registration suspended or revoked charge. Marceill turned himself in, was arraigned and released on his own recognizance. 

Cynthia C. Richardson, 35, of Maple Street, Batavia, is charged with a curfew violation. Richardson was arrested after police responded to a report of a fight at 1:29 a.m. Saturday on Court Street. Richardson's 14-year-old son was allegedly located on Evans Street near Ellicott Street at 1:34 a.m.

Donna A. Cocoran, 41, of St. Mary's Street, Pavilion, is charged with DWI, aggravated DWI, aggravated unlicensed operation, 3rd, and suspended registration. Cocoran was stopped at 12:49 p.m. on Elm Street, Batavia, by Officer Eric Foels.

Samuel J. Barber, 20, of Bank Street, Batavia, is charged with unlawful possession of alcohol under age 21. Barber was arrested following a complaint of a party at 12:32 a.m. Sunday on Bank Street, Batavia. Barber was allegedly hosting the party along with two other individuals. Also charged were Abdullah B. Diallo, 19, of Bank Street, Batavia, and Seanmichael G. Kidder, 19, of Bank Street, Batavia.

Robert Jean Jackson, 38, of Albert Street, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, speeding in zone and failure to change address on license. Jackson was stopped at 1:17 a.m., Saturday, on Main Street, Oakfield, by Deputy Joseph Corona.

Justin L. Sanders, 23, of Byron, is charged with grand larceny, 3rd. Sanders was arrested by State Police and jailed on an unspecified bail. No further information released.

Allison A. Sobczak, 23, of Batavia, is charged with DWI and aggravated DWI. Sobczak was stopped at 11:02 a.m. Friday in the Town of Batavia by State Police.

UPDATE: Later today, State Police put out a press release on Sobczak's arrest.  Here's a portion of it:

Sobczak arrived to the Batavia barracks to file a complaint when Troopers smelled an odor of alcoholic beverage coming from her. After her verbal admission that she drove to the barracks, she was detained for a DWI investigation. After Sobczak failed the Standardized Field Sobriety Tests, she was placed under arrest for DWI. 

Sobczak was arrested and escorted back to the patrol room where she registered a BAC of .24%. She was issued citations returnable to the Town of Batavia Court on January 29, 2015.

Katrina M. Jones, 46, of Buffalo, is charged with conspiracy, 5th, and grand larceny, 4th. Jones was arrested by State Police and held on an unspecified bail. No further information released.

Christopher F. Bragg, 29, of Corfu, is charged with grand larceny, 3rd, and scheme to defraud, 2nd. Bragg was arrested by State Police. No further information released.

Le Roy couple charged in vehicle thefts

By Howard B. Owens
Lauren Charache Duane Charache

Two people have been arrested in connection with a series of vehicle thefts in Le Roy, but the arrests only potentially solve two of the crimes, according to Le Roy PD.

Lauren E. Charache, 35, and Duane J. Charache, 31, both of 115 Myrtle St., Le Roy, are charged with criminal possession of stolen property, 3rd, two counts of criminal possession of stolen property, 4th, and one count of criminal mischief, 4th.

Batavia PD first arrested Lauren Charache on Jan. 8 after she was allegedly found in possession of a stolen vehicle. She was charged in Batavia of criminal possession of stolen property, 2nd.

Le Roy investigators say Lauren possessed the same vehicle on that same day in the Village of Le Roy, leading to another criminal possession of stolen property charge.

Both Duane and Lauren possessed one of the vehicles, police say, and it was allegedly damaged through reckless use. The value of the damage exceeds $250.

A third vehicle theft remains under investigation.

Lauren was jailed on $10,000 bail and Duane was released under supervision of Genesee Justice.

Knifepoint robber facing possible 15 years in prison after guilty plea

By Howard B. Owens
Robert Propst

A Batavia man with several prior arrests admitted in County Court on Wednesday to stealing another person's wallet at knifepoint in August.

Robert J. Probst, 34, of Maple Street, pled guilty to robbery, 2nd. 

As a prior felony offender, he faces up to 15 years in prison.

Probst was arrested in October, accused of confronting a 22-year-old victim on Pearl Street and taking his wallet.

Over the past few years, Probst has been arrested on various lesser charges in Batavia, but his prior felony offense for sentencing purposes is a 2002 robbery of a business in Batavia.

Law and Order: Rochester resident accused of breaking into home, stealing phone

By Howard B. Owens

Leslie R. Parris, 32, of Manor Parkway, Rochester, is charged with burglary, 2nd, robbery, 3rd, and criminal mischief, 4th. Parris was picked up on a warrant stemming from an alleged Nov. 26 incident in which Parris is accused of making forced entry into a residence and stealing a mobile phone. Parris was held without bail pending another court appearance.

Andrew Hollis Nickerson Jr., 26, of Livingston Avenue, Jamestown, is charged with unlawful possession of marijuana, uninspected motor vehicle and driver's view obstructed. Nickerson was stopped at 8:20 a.m. Wednesday on East Main Street, Batavia, by Deputy Patrick Reeves.

Joseph C. Jeffords, 23, of Ross Street, Batavia, was arrested on a warrant stemming from a petit larceny charge. Jeffords turned himself in. He allegedly failed to appear on the charge previously. He was jailed on $1,000 bail.

Gregory A. Cole II, 22, of New York Street, Rochester, was arrested on a warrant for alleged failure to appear on a theft of services charge. Cole was located by Rochester PD and turned over to BPD. He was arraigned and jailed on $1,000 bail.

Woodrow C. Horseman, 38, no permanent address, Batavia, was arrested on a warrant stemming from a criminal possession of a weapon, 4th, charge. Horseman allegedly failed to comply with conditions of treatment court, so a warrant was issued for his arrest. Horseman was spotted by Officer James Defreze and Det. Eric Hill walking on Ellicott Street and was taken into custody. He was jailed on $100,000 bail.

Ricky A. Marsceill, 50, of East Main Street, Batavia, was arrest on a warrant for alleged failure to appear on a traffic summons. He was located at his residence and taken into custody. He was jailed on $300 bail.

Kristine Szumigala, 41, of Batavia, and Michael A. Balla, 39, of Machias, are charged with conspiracy, 6th, and unlicensed operation, 2nd. A car was reported off the road on State Route 39 in the Town of Castile at 9:09 p.m., Jan. 16. Deputy Aaron Chase, Wyoming County Sheriff's Office, responded to the scene. Szumigala and Balla are accused of conspiring to lie about who was driving the vehicle at the time of the accident. Balla was charged with third-degree unlicensed operation, second-degree aggravated unlicensed operation, and unsafe lane change.

Former 420 Emporium owner pleads guilty to federal drug charge

By Howard B. Owens

A 39-year-old Rochester man has admitted in federal court that he sold drugs commonly known as bath salts in Batavia and other communities and faces a maximum prison term of 30 years or $2 million fine or both.

Charles Fitzgerald entered a guilty plea to possession of a controlled substance with intent to distribute before U.S. District Court Judge Frank P. Geraci Jr.

As part of the plea, Fitzgerald admitted to ownership of the 420 Emporium, once located on Ellicott Street, where substances known as Amped, Pump It, Da Bomb and Mr. Happy were sold.

Shortly after the store opened in the Spring of 2012, local law enforcement officers were responding to a series of calls dealing with people engaging in bizarre behavior. 

By the summer, a number of local residents joined in pickets in front of the store and a rally against bath salts held at a local business.

Federal officials responded as part of a nationwide crackdown on bath salts July 25, 2012, with a raid of the Batavia location as well as Fitzgerald's other 420 Emporium locations.

Fitzgerald lived with Amber Snover, who had previously listed herself on Facebook as the owner of at least two of the 420 locations. Snover was also arrested and agents seized $771,109 in cash at their residence at 221 West Hills Estates, Greece.

The arrests of Fitzgerald, Snover, Joshua Denise (who was listed on state documents as the owner of the Batavia location) and Michelle Condidorio, an employee in Batavia, was the culmination of an investigation that involved undercover buys and an unnamed informant seemingly within Fitzgerald's inner circle.

The substances Fitzgerald sold were synthetic drugs, compounds devised by clandestine laboratories to mimic the highs produced by illicit drugs such as meth, cocaine and marijuana.  

Bath salts were blamed on a rash of unusual behavior across the country, including reports of naked men eating the faces of victims.

Prior to the raids, the federal government listed the known synthetics of the time as analogues to controlled substances, making sales and possession illegal.

While bath salts are known to cause issues locally, including emergency room visits and even possibly one death, bath salt incidents locally dropped off dramatically after the raid and closure of the 420 Emporium.

Three 420 Emporium employees have pled guilty to federal charges and are awaiting sentencing.

“This case demonstrates how by working together, the community and law enforcement can improve the quality of life for all,” said U.S. Attorney William Hochul. “In this case, a rash of emergency room visits due to overdoses of synthetic drugs was brought to our attention by concerned members of the community, including the media. Law enforcement immediately engaged, and within several months, was able to execute search warrants throughout Western New York and make arrests of those selling such illegal and highly dangerous substances. With this conviction, we are able to report that the entire investigation was a success.”

Fitzgerald will be sentenced at 3 p.m. on April 15 by Judge Geraci.

The Batavian provided the most comprehensive, and fastest-breaking news coverage of the bath salt issue in Western New York in 2012. For an archive of those stories, click here.

PHOTO: File photo of cash and drugs seized by federal agents in the raids on July 25, 2012, of the 420 Emporium stores and the owner's residence.

Law and Order: A pair of arrests

By Howard B. Owens

A 16-year-old resident of Sandpit Road, Alexander, is charged with criminal contempt, 2nd. The youth is accused of confronting a protected person while at Alexander Central School at 7:38 a.m., Tuesday.

Shelley A. Fox, 33, of West Main Street, Batavia, is charged with DWI, driving with a BAC .08 or greater and operating in violation of a conditional license. Fox was stopped at midnight Tuesday on East Main Street, Batavia, by Officer Darryle Streeter.

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