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After possible gunfire, an 11-hour standoff on West Main Street Road ends safely

By Howard B. Owens
west-main-batavia-standoff

After receiving reports of gunfire in the area of 3310 West Main Street Road, Batavia, shortly after noon on Tuesday, Sheriff's deputies engaged in a standoff with a resident that lasted until after 11 p.m.

There were no injuries to the resident, neighbors, or responding personnel, said Chief Deputy Brian Frieday. 

Friday noted the area is a fairly residential neighborhood with houses close together and a trailer park nearby, so law enforcement carefully assessed the situation and moved slowly in trying to coax the man out of the small house on the property. 

"Just in dealing with anybody with a gun call these days, sometimes you have to take the time and the extra caution to make sure you're dealing with it properly and safely," Frieday said.

Based on multiple witness statements supporting the assertion that there was gunfire on the property, the Sheriff's Office was able to obtain a search warrant for the house.

Throughout the 11-hour standoff, deputies continued to try and talk the man out of the residence.  Every 15 minutes or so, deputies with guns drawn and using shields approached the house and spoke through a bullhorn, telling the man to come out of the house.

Frieday said the man responded once to deputies, but "that ended quickly."

The details of how the subject was taken into custody have not been released, but there were no injuries, Frieday said. He indicated there was no struggle.

Asked if he knew what shots were fired, Frieday said any answer he might give would be speculation.

"I wouldn't want to say anything that wouldn't be 100 percent accurate," Frieday said.

After investigators entered the residence, they were seen removing possible weapons and taking inventory of them at the scene.

While at the scene, with the investigation ongoing, Frieday didn't want to release the possible charges against the suspect.  At least one potential charge was needed to get the warrant, but Frieday said he didn't want to release that charge until a press release was issued with all possible charges.

Asked what possible charges might apply to the situation, Frieday said it's illegal to fire a gun within 500 feet of a residence, there is possibly reckless endangerment, and "a few different things," he said.

Route 5 west of Wortendyke was closed to traffic throughout the standoff.  That, too, Frieday said, was done out of an abundance of caution.

"If ever something were to break out and a passerby on the road was to have something bad happen to them, we certainly wouldn't want that," Frieday said. "We wouldn't want to second-guess that."

That's also why several homes in the immediate vicinity were evacuated, Frieday said. 

Frieday said if other witnesses would like to come forward, they can call the Sheriff's Office at 585-343-5000.

UPDATE: Ryan J. Goldman, 31, was charged with reckless endangerment 2nd and discharge of a firearm within 500 feet of a residence, an unclassified misdemeanor. He was issued an appearance ticket and released.

Photos by Howard Owens.

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Lewiston Road resident reportedly fires on deputy responding to burglary report

By Howard B. Owens

An 81-year-old man whom investigators believe was injured during an attempted burglary of his residence on Tuesday morning reportedly exchanged gunfire with a deputy who responded to 7924 Lewiston Road at 3:41 a.m. to a reported burglary.

Neither the deputy nor the resident, identified as Gregory Poole, were injured in the incident.

According to the Sheriff's Office, a deputy -- not identified -- responded to the call and was approaching the home when he confronted a person outside the residence. The deputy identified himself, and the person fired a gunshot in the direction of the deputy. The deputy returned fire while continuing to identify himself, but the person continued to fire his gun.  

The deputy took cover and called for backup. 

Upon the arrival of a second deputy, the person was taken into custody without further incident. 

The Sheriff's Office says that neither the deputy nor the subject were struck by gunfire, and neither sustained an injury as a result of the gunfire.

The type of firearm used by the subject has not been released.

Poole was reportedly injured in a struggle with the burglary suspect.

It's believed the burglary suspect fled the scene before the deputy arrived. The area was searched, but the suspect was not located.

Once Poole was released from the hospital, he was charged with reckless endangerment in the first degree and menacing a police officer. He was arraigned and released on his own recognizance.

The Sheriff's Office states that the investigation into both the burglary and the gunfire is ongoing.

Police investigating burglary at Batavia Marine

By Howard B. Owens

Batavia PD is investigating a burglary at Batavia Marine and Sporting Supply Store, 411 West Main St., that occurred during the early morning hours of May 27.

Patrol officers responded to a burglary alarm at 2:30 a.m. and, upon arrival, discovered evidence of forced entry into the building.

Further investigation revealed that the property was taken from the building.

The police did not release the nature of the property taken.

Detectives responded to the scene to gather additional evidence.

Anyone with any information regarding the incident is asked to contact Detective Jason Ivison by calling 585-345-6350 or submitting by clicking here.

Batavia Marine has operated by appointment only since July.

Previously: By appointment only: Mike Barrett winding down after 50-plus years at Batavia Marine

Elmore, Wilcox make initial County Court appearances in Sanfratello case

By Howard B. Owens
Lyndsey Jean Wilcox
Lyndsey Wilcox
michael j. elmore
Michael Elmore

Genesee County's justice system took another step forward on Monday in the prosecution of Michael J. Elmore, implicated in the March 10 death of Sgt. line-of-duty death Thomas A. Sanfratello, and co-defendant Lyndsey J. Wilcox.

Both Elmore and Wilcox appeared in County Court before Judge Donald O'Geen for the first time and their attorneys, on their behalf, entered not-guilty pleas to the criminal indictments filed against each of them.

The hearing was standard procedure, with District Attorney Kevin Finnell affirming he had supplied the defense with all available discovery material, requesting an alibis demand, and stating that the people are ready for trial.

O'Geen then outlined the case's milestone dates, including trial dates if it reaches that far in the process.

The defense attorneys—Joseph A. Lobosco for Elmore and Daniel J. Dubois for Wilcox—have until July 12 to file motions. Defense attorneys typically file motions in criminal cases challenging the admissibility of evidence, the relevance of witnesses, and the possibility of constitutional violations (though every case is different, and there's been no public discussion of what motions the attorneys might make in this case).

The prosecution has until July 26 to file an answer to the motions.

Any hearing on the motions or other pre-trial issues will be held at 9:30 a.m. on July 31.

O'Geen provided each attorney with an anticipated schedule of proceedings after initial motions.

He set Aug. 23 at 9:30 a.m. for a hearing on any pre-trial motions, a follow-up hearing date of Sept. 20, a plea cutoff (the last day for defendants to accept any pending plea offer before trial) of Oct. 16 and a hearing date on any pending issues for Nov. 15.  Then, if there is a trial, jury selection on Jan. 21.  Opening arguments would begin on Jan. 23, with the trial scheduled to last until Feb. 11.

When Elmore and Wilcox were first arrested, they faced the same charges and both were ordered held on $100,000 bail.

On Monday, Dubois asked that his client, Wilcox, be released under supervision given the reduction of the top charges against her to burglary and assault.  Finnell argued that since the top charges include mandatory prison terms if convicted, Wilcox should be held on bail.  O'Geen reduced her bail to $20,000 cash, $50,000 bond, or $100,000 partially secured bond.

Elmore was indicted by the Grand Jury on counts of:

  • Aggravated manslaughter in the first degree, a Class B felony. He is accused of intending to cause serious physical injury to a police officer and, as result, causing the death of a police officer;
  • Aggravated criminally negligent homicide, a Class C violent felony. He is accused of causing the death of Sanfratello with criminal negligence;
  • Assault in the first degree, a Class B violent felony. Elmore is accused of causing the death of Sanfratello while in the commission of another crime, burglary in the second degree;
  • Burglary in the second degree, a Class C violent felony. He is accused of knowingly entering a building unlawfully with the intent to commit a crime in the building and threatening to use or did use a dangerous instrument.

Elmore and Wilcox are indicted on counts of:

  • Burglary in the second degree, a Class C violent felony. Elmore and Wilcox are accused of remaining unlawfully in a building with the intent to commit a crime in the building and, while in the building, causing serious physical injury to another person;
  • Assault in the second degree, a Class D violent felony. Elmore and Wilcox are accused of causing physical injury to a police officer who was in the act of performing his official duties;
  • Obstruction of governmental administration in the second degree, a Class A misdemeanor. The pair is accused of trying to intentionally prevent a police officer from performing his official duty by means of intimidation, physical force, or interference.

Wilcox is separately charged with resisting arrest, a Class A Misdemeanor. She is accused of intentionally trying to prevent her legal arrest.

The incident that led up to Sanfratello's death began at 12:43 a.m. on March 10, a Sunday morning following a pair of events at Batavia Downs on Saturday night, when Sanfratello and Batavia Downs security responded to the Rush 34 bar for a disturbance. There, Sanfratello confronted Wilcox, 39, of Batavia and ordered Wilcox to leave the building. While being escorted out, she allegedly became combative with Sanfratello. She is accused of hitting Sanfratello several times with the intent to injure him. 

As Wilcox was being arrested, Elmore became involved and was also ordered to leave. He reportedly walked out of the building and came back in with a chain in his hand (a chain he was apparently wearing that night).

During the struggle, which included assistance from Batavia Downs security, Sanfratello reportedly tried to deploy his taser in an attempt to subdue the person attacking him.

According to initial reports, Sanfratello suffered a medical emergency during the struggle and became unresponsive. There was extensive effort, according to witnesses, to revive him with CPR. He was later pronounced dead by a county coroner.

For complete prior coverage of the case and related articles, click here

Law and Order: Warrant suspect accused of possessing a controlled substance

By Howard B. Owens

Michael Joseph Torres, 40, of Batavia, is charged with criminal possession of a controlled substance 7th.  While attempting to locate a warrant suspect, Deputy Jeremy McClellan came into contact with Torres at 2:09 p.m. on May 14 on Columbia Avenue, Batavia, who was also wanted a warrant. Torres was allegedly found in possession of a controlled substance. He was arraigned and released.

Lance Donald Beals, 53, of West Main Street Road, Batavia, is charged with menacing 2nd.  Beals is accused of pointing and shooting a BB gun toward another person, placing that person in fear of injury at 7:16 a.m. on May 14 at a location on West Main Street Road, Batavia. He was arraigned and released.

Nathan Wayne Campbell, 43, of Oak Street, Batavia, is charged with petit larceny. Campbell was accused of stealing merchandise from Walmart at 12:56 p.m. on May 13. He was released on an appearance ticket.

Grand Jury Report: Man accused of criminal possession of a weapon

By Howard B. Owens

Micahel J. Difalco is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony, and menacing in the second degree, a Class A misdemeanor. Difalco is accused of possessing a dangerous instrument on Dec. 21 in the city of Batavia while having previously been convicted of a crime. He is also accused of threatening another person with a dangerous instrument.

Daniel J. House is indicted on counts of criminal contempt in the first degree, a Class E felony, and harassment in the second degree, a violation. House is accused of violating an order of protection on Jan. 23 at a location in the town of Batavia and of having unwanted physical contact with another person.

James A. Williams is indicted on counts of DWI, a Class D felony, aggravated unlicensed operation in the first degree, a Class E felony, circumventing an interlock device, a Class A misdemeanor, and obstructing governmental administration in the second degree. Williams is accused of driving a 2008 Hyundai with an Ohio license plate on Route 33 in the town of Stafford while intoxicated on Sept. 24. He was allegedly driving intoxicated while knowing or should have known that his driving privileges were suspended. The Hyundai was not equipped with an interlock device. He is accused of trying to prevent a government official from performing his official duties. The felony DWI charge stems from a prior DWI conviction in March 2019 in Rochester.

Isaac C. King is indicted on a count of bail jumping in the second degree, a Class E felony. King is accused of failing to appear in Genesee County Court as ordered on a felony charge after being released on bail or on his own recognizance on Dec. 4.

Tanisha N. Gibson is indicted on a count of criminal mischief in the second degree, a Class D felony.  Gibson is accused of intentionally damaging the property of another person on Jan. 8 with a value in excess of $1,500.

Lashayia S. Bussey is indicted on counts of grand larceny in the fourth degree, a Class E felony, and conspiracy in the fifth degree, a Class A misdemeanor. Bussey is accused of stealing property with a value in excess of $1,000 on Sept. 14, 2022, in the town of Batavia. She is accused of concluding with another person to commit the crime.

Shameek T. Taylor is indicted on counts of criminal contempt in the first degree, a Class E felony, and burglary in the second degree, a Class C felony. Taylor is accused of violating a stay-away order of protection on Feb. 24 in the town of Batavia. On that same date, Taylor is accused of entering a building with the intent to commit a crime within.

Evan J. Vanskiver is indicted on a count of bail jumping in the second degree, a Class E felony. Vanskiver is accused of failing to appear in City Court as ordered on a felony charge.

Jacob W. Patterson is indicted on a count of promoting prison contraband in the first degree, Class D felony. Patterson is accused of introducing two glass pipes into the Genesee County Jail on Feb. 6.

Adrian L. Sheppard is indicted on a count of bailing jumping in the second degree, a Class E felony. Sheppard, having been released on his own recognizance, is accused of failing to appear in City Court as ordered on felony charges.

 

 

Law and Order: Le Roy police arrest 22-year-old on strangulation, assault charges

By Howard B. Owens
Austin Malek
Austin Malek

Austin Malek, 22, of North Street, Le Roy, is charged with strangulation 2nd, assault 3rd, unlawful imprisonment, and obstructing governmental administration 2nd. Malek is accused of assaulting a female victim at about 2 a.m. on May 2 at a location on North Street in the village of Le Roy. Le Roy patrol officers responded. According to police, the victim displayed visible injuries, and the police describe the incident as "violent." Malek was transported to the Genesee County Jail for processing. He was arraigned and ordered held on $20,000 bail, $40,000 bond, or $80,000 partially secured bond.

brandon marsh
Brandon March

Brandon J. March, 39, of Batavia, is charged with strangulation 2nd, criminal contempt 1st, assault 3rd, unlawful imprisonment 2nd,  menacing 2nd, criminal contempt 2nd and criminal mischief 4th. March is accused of violating a stay-away order of protection during an altercation On May 8 on South Lyon Street by strangling the victim, not allowing the victim to leave the residence, and striking the victim multiple times, causing an injury. March is also accused on the previous day of damaging a car wind belonging to the same victim. He was arraigned and jailed on $5,000 bail, $10,000 bond, or $25,000 partially secured bond. March was arrested on similar charges in January.

shawn sloan
Shawn Sloan

Shawn M. Sloan, 39, of Batavia, is charged with burglary 2nd, criminal possession of a weapon 3rd, menacing 2nd, criminal mischief 4th, and harassment 2nd. Sloan is accused of breaking into a residence on Porter Avenue on April 24 while in possession of a pellet gun. He was arraigned and jailed.

Benito A. Gay, 36, of Batavia, is charged with robbery 2nd and menacing 2nd. Gay is accused of using force to steal money from another person on April 21 on Hutchins Street while giving the appearance of pointing a firearm. He was arraigned and jailed.

Benito Gay
Benito Gay

Nathaniel R. Davis, 29, of Batavia, is charged with criminal possession of a weapon 3rd, menacing 2nd, criminal obstruction of breathing, and harassment 2nd. Davis is accused of holding a knife to the throat of another person during an incident on Porter Avenue on April 17. He also is accused of grabbing the person around the neck. He was arraigned in City Court and ordered held.

Adam T. Shipwash, 44, of Batavia, is charged with attempted robbery 2nd, criminal possession of a weapon 3rd, menacing 2nd, and criminal possession of a controlled substance 7th. Shipwash is accused of entering the Mobil gas station on East Main Street Batavia on April 15, brandishing a knife and demanding money from the clerk. Shipwash left the store after the clerk refused to give him any money. He was arraigned and released.

Nathaniel Davis
Nathaniel Davis

Sharon R. Boyer, 55, of Batavia, is charged with DWI. Boyer was arrested on April 20 after she reportedly nearly struck two police officers on foot patrol in a crosswalk at Hutchins Street and Sumner Street. Boyer allegedly failed to yield to the pedestrians, and the officers told her to stop her vehicle. After speaking with her, they placed her under arrest on a charge of DWI. She was issued an appearance ticket and turned over to State Police on a warrant.

Fawn Dockstader, 37, of Batavia, is charged with arranging the welfare of a child. Dockstader is accused of digging her nails into a child's arm, grabbing the child by the hair and punching the child in the fact on April 16. Dockstader was arraigned in City Court and released.

Nicholas L. Stone, 25, of East Pembroke, is charged with DWI, failure to yield to an emergency vehicle, criminal mischief and multiple traffic violations. On April 5, Batavia PD responded to a report of a fight involving several people at Copperhead Creek on West Main Street. As patrols arrived, a vehicle was observed leaving the area at a high rate of speed. The vehicle headed southbound on South Lyon Street and failed to negotiate a turn on South Main Street, driving off the road and through a yard, causing damage to the lawn. Stone was issued an appearance ticket. 

Jason E. Carpenter, 45, of Batavia, is charged with criminal mischief 3rd. Carpenter is accused of damaging a toilet inside a residence on West Main Street, Batavia. After being issued an appearance ticket, he allegedly set the ticket aflame and threw an object through a window, leading to another appearance ticket.

Adam Shipwash
Adam Shipwash

Johnathan M. Falk, 25, of Batavia, is charged with petit larceny. Falk is accused of stealing merchandise from Tops on April 7. He was issued an appearance ticket.

Jeanna M. Hattaway, 37, of Batavia, was arrested on a warrant on April 15. The warrant stems from a traffic stop in April 2023.  She is accused of possessing a controlled substance during the traffic stop. She allegedly failed to appear in court on the charge. She was arraigned and released. 

Lance D. Beals, 53, of Batavia, was arrested on two warrants on April 13. The first warrant stems from an incident on July 12 when Beals allegedly stole and damaged a cell phone from a residence on East Main Street. The second warrant stems from an incident on July 30 when Beals was accused of damaging property at the same residence. He was issued appearance tickets in both cases. He allegedly failed to appear in court as ordered. He was arraigned and released. 

Shane R. Reisman, 54, of Batavia, is charged with petit larceny. Reisman is accused of stealing property from Tops. He was issued an appearance ticket.

Tiffany M. Macey, 32, of Batavia, was arrested on April 8 on a warrant. Macey was ordered to appear in court following a traffic stop on July 3.  She allegedly failed to appear in court as ordered. She was arraigned and released.

Ann M. Capuano, 39, of Batavia, is charged with menacing 2nd, criminal mischief 4th, and endangering the welfare of a child. Capuano is accused of damaging a neighbor's door and threatening the neighbor with a hammer while in the presence of a child on April 11. She was issued an appearance ticket.

Michael R. Ostrander, 59, of Batavia, is charged with two counts of criminal contempt 2nd. Ostrander is accused of violating an order of protection on April 12 at the Genesee County Courthouse. When officers responded to his residence to arrest him, he was allegedly found with the protected party violating the court order, leading to the second criminal contempt charge. He was arraigned and ordered held.

Eric R Sawyer, 36, of Batavia, is charged with DWI. Sawyer was charged following a traffic stop by Batavia PD on Bogue Avenue. He was issued an appearance ticket and released.

Tanisha N. Gibson, 39, of Batavia, is charged with criminal contempt 2nd. Gibson is accused of violating an order of protection on April 8 by engaging in a verbal argument. She was arraigned and released. 

John H. Bush, Jr., 40, of Batavia, was arrested on April 7 on three warrants. He is also charged with resisting arrest and escape 3rd. A Batavia patrol officer located Bush at the Mobil gas station on East Main Street. The officer began to take Bush into custody on the warrants. Bush then pulled away from the officer and attempted to run. Police were able to stop him and successfully take him into custody. He was arraigned and released.

Trevor N. Christman, 33, of Batavia, is was arrested on April 24 on a warrant. Christman was initially arrested on March 14 for allegedly exposing himself in public. He allegedly failed to appear in court as ordered. He was arraigned and released.

Ricky L. Miller, 42, and Ryan M. Arner (no age provided), both of Batavia, are charged with petit larceny. Miller and Arner are accused of stealing merchandise from Tops on April 23. They were issued appearance tickets. Miller was turned over to the Sheriff's Office on an open warrant.

Mark A. Remington, 50, of Batavia, is charged with petit larceny. Remington is accused of stealing merchandise from Qucklee's on Oak Street, Batavia. He was issued an appearance ticket.

Robert B. Elliott, 50, of Batavia, is charged with harassment 2nd and obstructing government administration 2nd. On April 19, police responded to a report of a disturbance inside a residence on Hutchins Street. Elliott is accused of pushing another person and then resisting officers' attempts to detain him. He was issued an appearance ticket.

Shamond R. Adams, 27, of Batavia, was cited on April 21 for a barking dog violation. Adams is accused of allowing his dog to bark continuously. He was issued an appearance ticket.

Shawn T. Rushok, 25, of Batavia, is charged with failure to register within 10 days as a sex offender. Rushok is accused of failing to register a Snapchat account as required as a registered sex offender. He was also charged with offering a false instrument for filing 1st for allegedly submitting false payment records to probation as proof of employment. He was issued an appearance ticket.

Miyear M. White, 22, of Buffalo, was arrested on April 26 on two warrants. In one warrant he is charged with criminal possession of stolen property 4th. In the other, he is charged with petit larceny. He is accused of stealing a credit card on Feb. 12 and using the card in a local store. He was arraigned and released.

Nicholas J. Wright, 31, of Pavilion, is charged with DWI. He was stopped on April 28 for allegedly speeding on Ellicott Street. Following the traffic stop, he was arrested and issued an appearance ticket.

Julie L. Williams, 29, of Batavia, is charged with harassment 2nd. Williams allegedly sent numerous text messages to another person for "no legitimate purpose." She was issued an appearance ticket.

Paul W. Zeches, 35, of Caledonia, is charged with failure to report a change of address as a sex offender. Zeches is reportedly a Level 2 sex offender and he allegedly failed to report a change of address. He was arraigned and released.

Thomas Predmore
Thomas Predmore

Thomas L. Predmore, 71, of Batavia, is charged with grand larceny 4th and petit larceny. Predmore is accused of stealing a wallet from another customer at a business on East Main Street on May 7. He was issued an appearance ticket.

Justin M. Wotherspoon, 37, of Batavia, is charged with assault 3rd. Wortherspoon is accused of pushing another person and dragging her to the ground during a fight on Clifton Avenue, Batavia, on May 7. He was arraigned in City Court and released.

Jessica L. Maye, 30, of Riga, was arrested on May 5 on a warrant. Maye is accused of failure to appear on a misdemeanor traffic ticket thwas issued in February. She was arraigned and released.

Johnathan M. Falk, 25, of Batavia, was arrested on May 5 on a warrant. Falk was initially charged with petit larceny on April 23. He was accused of stealing merchandise from tops. He allegedly failed to appear in court as ordered. He was arraigned and released. 

Perrion T. Swan, 33, of Rochester, was arrested on April 27 on a warrant. He allegedly failed to appear on a traffic ticket that was issued in August. He was arraigned and released.

Nathan W. Campbell, 43, of Batavia, was arrested on May 2 on a warrant. He was initially charged with trespass on March 28. He allegedly failed to appear in court as ordered. He was arraigned in City Court and released.

Ryan Christopher Cook, 46, of Federal Drive, Batavia, is charged with failure to report a change of address within 10 days as a registered sex offender and failure to verify address every 90 calendar days as a Level 3 registered sex offender. Cook was arrested April 23, arraigned and released.

David Andrew Zwolinski, 70, of Broadway Road, Darien, is charged with DWI and driving with a BAC of .08 or greater. Deputies were dispatched to Zwolinski's home at 10:50 p.m. on April 23 to investigate a reported motor vehicle accident. As a result of the investigation, Deputy Jacob Kipler arrested Zwolinski. He was processed at the Genesee County Jail and released.

Brian Meyers, 53, of Bethany Center Road, Bethany, is charged with harassment 2nd. Meyers is accused of pushing another person to the ground at 6:45 p.m. on April 22 at a location on Bethany Center Road, Bethany. Meyer was held pending arraignment.

Jackie M. Shade, 34, of Le Roy, was arrested on May 6 on a warrant. Shade was issued a misdemeanor traffic ticket in March. She allegedly failed to appear in court as ordered. She was arraigned and released.

Alexander James Young, 29, of East Main Street, Corfu, is charged with failure to stop at a stop sign; Young, along with David Michael Hawk, 39, of McKinley Avenue, Batavia, and Brandi Rose Hough, 29, of Bank Street, Elba, are each charged with criminal possession of a controlled substance 7th. Young, Hawk, and Hough were charged following a traffic stop by Deputy Jacob Kipler on East Main Street, Batavia, at 1:52 a.m. on April 25. All three were processed at the Genesee County Jail and released.

Fernando Campos, 28, of Flamingo Road, Sunrise, Fla., is charged with DWI, driving with a BAC of .08 or greater, speeding, and drinking alcohol in a motor vehicle. Campos was stopped at 12:50 a.m. on April 29 on South Lake Road, Bergen, by Sgt. Mathew Clor. Compos was released on an appearance ticket.

Matthew Joel Sanchez-Sanquiche, 27, of West Main Street, Batavia, is charged with criminal possession of a weapon, 3rd, and criminal contempt, 2nd. Sanchez-Sanquiche is accused of possessing a handgun without a valid permit, also in violation of an order of protection, at 3:09 p.m. on April 23 at a location on West Main Street, Batavia. Sanchez-Sanquiche was arraigned and released.

Jason A. Armstrong, no age or residence released, is charged with an undisclosed crime. Armstrong is accused of damaging the windshield of a vehicle and punching a person in the face during a fight on Route 5 in the town of Pembroke on April 20. Armstrong was arraigned and held without bail.

Megan June Courtney, 28, of West Main Street, Batavia, is charged with grand larceny 3rd, grand larceny 4th, and criminal possession of a forged instrument 2nd.  On April 4, Courtney is accused of possessing a forged check and of stealing a credit card. She allegedly withdrew $7,284.5 from a victim's bank account without permission. Courtney was arrested on May 1 and held pending arraignment. Courtney was also arrested on May 7 and charged with endangering the welfare of a child. Courtney is accused of leaving a three-year-old child at home with no adult supervision at 6 p.m. on May 7. The child was found running outside near the residence by himself. Courtney was held pending arraignment.

Kenneth Dwright Robinson, 50, of Buell Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, unlicensed driver, and unsafe turn. At 2:17 a.m. on May 5, deputies were dispatched to Batavia Downs on Park Road, Batavia,  for a motor vehicle accident. Robinson was charged following an investigation by Deputy Zachary Hoy. Robinson was released on an appearance ticket.

Joseph Jonathan Kuzma, 44, of Byron Holley Road, Byron, is charged with criminal possession of a controlled substance 7th and aggravated unlicensed operation.  Kuzma was allegedly found in possession of a controlled substance by Deputy Jonathan Dimming during a traffic stop at 8:01 p.m. on April 29 on Cockram Road, Byron. He was released on an appearance ticket.

Thomas Shameek Taylor, 37, of Munger Street, Bergen, is charged with criminal contempt 2nd. Taylor is accused of violating an order of protection at 11:55 a.m. on May 6 by communicating with the protected party. He was held pending arraignment.

Yannott Kishickatigqua Lone, 33, of Council House Road, Tonawanda Indian Reservation, is charged with burglary 2nd and criminal mischief 4th. Lone is accused of entering a building on Bloomingdale Road without permission at 4:55 p.m. on April 22 and, in the process, damaged a door. Lone was arrested on May 5, transported to the Genesee County Jail, and held pending arraignment.

Ronald Paul Dixon, Jr., 45, of East Avenue, Batavia, is charged with assault 2nd. At 11:41 p.m. on May 4, Deputy Jacob Kipler observed a vehicle parked on the shoulder of West Main Street Road, Batavia, and upon investigation, determined there was evidence of assault that had just taken place inside the vehicle. Dixon was arrested, transported to the Genesee County Jail for processing and held pending arraignment. Kipler was assisted in the investigation by Sgt. Mathew Clor.

Hector Martinez, Jr., 20, of Long Wood Drive, Rochester, is charged with criminal possession of stolen property 3rd. Martinez was allegedly found in possession of a stolen four-wheeler at 4:45 p.m. on May 2 at 8400 Buffalo Road, Bergen, by Investigator Chad Minuto and Investigator Howard Carlson. He was arraigned and released on his own recognizance.

Kathleen Melissa Pritchard, 45, of Main Road, Stafford, is charged with harassment 2nd. Pritchard allegedly had physical contact with another person during a fight reported at 6:17 p.m. on May 10. Pritchard was held pending arraignment.

Todd Jeffrey Hodgins, 37, of East Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Hodgins was stopped at 9:45 p.m. on May 10 on Broadway Road, Bethany, by Deputy Joshua Brabon. He was issued an appearance ticket.

Four youths from Buffalo face felony charge after fleeing from deputy

By Howard B. Owens

Four juveniles from Buffalo are charged with criminal possession of stolen property in the third degree after they made an attempt to flee from a deputy in a Kia Forte at 12:37 a.m. on May 7.

The youths, who are not identified in the police report, were released to the custody of their parents or guardians.

Information on the incident was released on Monday.  It began early Tuesday morning at the Batavia Thruway entrance when Deputy Jeremiah Gechell attempted a traffic stop.

The Kia attempted to flee at a high rate of speed, according to the report. During the pursuit, deputies learned the Kia had been reported stolen in the town of Eden.

The black Kia continued east on the Thruway at a high rate of speed, attempted to exit in Le Roy, and then headed east on I-490.

Deputy Ryan Mullen deployed spike strips on the exit ramp, and three of the Kia's four tires hit the strip.

The driver and a passenger attempted to flee on foot east on the 490.

Following a foot pursuit, Gechell and Sgt. Mathew Clor apprehended a male and female from the vehicle. A female passenger ran into the woods near the Thruway and was ordered out and placed into custody. Le Roy Police Officer Selah Martek located another male passenger attempting to hide in a ditch near the Kia, and that subject was placed into custody.

The charge against them is a Class D felony. 

DA says Grand Jury indictment of Elmore and Wilcox in death of Sanfratello supported by evidence

By Howard B. Owens
michael-j-elmore-town-of-batavia-court
File photo of Michael Elmore entering the Town of Batavia Court for his initial arraignment on criminal charges.
Photo by Howard Owens

Some in the community may want Michael J. Elmore, accused of causing the death of Sgt. Thomas Sanfratello on March 10 at Batavia Downs, to face a murder charge, but District Attorney Kevin Finnell said he believes a Genesee County Grand Jury reached the correct decision when it delivered an aggravated manslaughter count against Elmore.

michael j. elmore
Michael J. Elmore

Finnell said that, as a legal matter, he couldn't reveal whether the Grand Jury even considered a murder charge or if he sought murder as a possible count against Elmore, but he did say the Grand Jury reached its conclusion for the counts against Elmore based on evidence.

"As you know, I can’t discuss what transpired with or in the grand jury, so I can only say that the charges that were filed with the indictment were supported by the evidence," Finnell said. "As for the original charging decisions, I would advise that my office and the Batavia City Police Department had discussions regarding the charges that would be filed by BPD, and those that were filed were the most appropriate given the information that was available at the time."

Elmore is accused of fighting with Sanfratello when the 32-year veteran of the Sheriff's Office tried to eject Elmore and Lyndsey J. Wilccox from a bar at the casino.

According to charging documents filed immediately after Elmore's arrest, Elmore left the facility and returned with a heavy metal chain in his hands. The chain was apparently jewelry he was wearing at the time. Elmore is accused of hitting Sanfratello with his fists and with the chains and, at one point, getting Sanfratello in a chokehold.

A source connected to the investigation has told The Batavian that Elmore wrapped the chain around his fist and hit Sanfratello with it wrapped around his fist. Finnell said he couldn't discuss exactly how the defendant may have deployed the chain.

"The information we have about the incident involving the chain specifically is that Mr. Elmore removed it from his neck and held it in his hand as he fought with Sgt. Sanfratello and Batavia Downs Security," Finnell said. "Mr. Elmore threw punches with the chain in his possession. I can’t comment further on the manner in which the chain was utilized."

Elmore's social media posts indicate that he has, on occasion, worn heavy metal chain necklaces. 

The incident that led up to Sanfratello's death began at 12:43 a.m. on March 10, a Sunday morning following a pair of events at Batavia Downs on Saturday night, when Sanfratello and Batavia Downs security responded to the Rush 34 bar for a disturbance. There, Sanfratello confronted Wilcox, 39, of Batavia and ordered Wilcox to leave the building. While being escorted out, she allegedly became combative with Sanfratello. She is accused of hitting Sanfratello several times with the intent to injure him. 

Lyndsey Jean Wilcox
Lyndsey J. Wilcox

As Wilcox was being arrested, Elmore became involved and was also ordered to leave. He reportedly walked out of the building and came back in with a chain in his hand (a chain he was apparently wearing that night).

During the struggle, which included assistance from Batavia Downs security, Sanfratello reportedly tried to deploy his taser in an attempt to subdue the person attacking him.

According to initial reports, Sanfratello suffered a medical emergency during the struggle and became unresponsive. There was extensive effort, according to witnesses, to revive him with CPR. He was later pronounced dead by a county coroner.

Elmore was indicted by the Grand Jury on counts of:

  • Aggravated manslaughter in the first degree, a Class B felony. He is accused of intending to cause serious physical injury to a police officer and, as result, causing the death of a police officer;
  • Aggravated criminally negligent homicide, a Class C violent felony. He is accused of causing the death of Sanfratello with criminal negligence;
  • Assault in the first degree, a Class B violent felony. Elmore is accused of causing the death of Sanfratello while in the commission of another crime, burglary in the second degree;
  • Burglary in the second degree, a Class C violent felony. He is accused of knowingly entering a building unlawfully with the intent to commit a crime in the building and threatening to use or did use a dangerous instrument.

Elmore and co-defendant Wilcox are indicted on counts of:

  • Burglary in the second degree, a Class C violent felony. Elmore and Wilcox are accused of remaining unlawfully in a building with the intent to commit a crime in the building and, while in the building, causing serious physical injury to another person;
  • Assault in the second degree, a Class D violent felony. Elmore and Wilcox are accused of causing physical injury to a police officer who was in the act of performing his official duties;
  • Obstruction of governmental administration in the second degree, a Class A misdemeanor. The pair is accused of trying to intentionally prevent a police officer from performing his official duty by means of intimidation, physical force, or interference.

Wilcox is separately charged with resisting arrest, a Class A Misdemeanor. She is accused of intentionally trying to prevent her legal arrest.

Elmore and Wilcox will be arraigned in County Court on the counts in the indictment on May 20. 

For previous coverage of the death of Sgt. Sanfratello, click here.

Pair in Le Roy accused of providing marijuana to a minor

By Howard B. Owens
reese
John Reese
wooten
Asa Wooten

Two men in Le Roy are accused of providing marijuana to a student after initially connecting with the teenager through Snapchat.

Asa A Wooten, 20, and John M. Reese, 34, are both charged with endangering the welfare of a child.

Neither man has a permanent residence.

On April 22, the Le Roy Police Department was informed of possible drug activity in the area of the Woodward Memorial Library and Wolcott School.

The child receiving the marijuana was under 17 years of age, according to police.

Wooden and Reese allegedly first made contact with the child through Snapchat.

They were arrested on April 24, arraigned, and issued orders of protection.

The Le Roy Police Department encourages parents to talk with their children about the dangers of drug use and of interacting with strangers on social media.

Anyone with additional information is asked to contact Officer William Riley at 585-768-2527.

Law and Order: Driver reportedly involved in accident in Pavilion charged with DWI

By Howard B. Owens

Amirose E. Hume, 35, of West Main Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and moved from lane unsafely. Hume was charged by Deputy Ryan Mullen following a one-vehicle accident at 1:12 a.m. on April 18 on Roanoke Road, Pavilion. Hume was transported to the jail for processing and released.

Krista Marie Penkszyk, 38, of Batavia Bethany Townline Road, Batavia, is charged with petit larceny and harassment 2nd. Penkszyk allegedly stole an item during a disturbance at a residence on Bethany Townline Road, Batavia, reported at 7:32 p.m. on April 16. She was held for arraignment and arraigned and released on April 17.

Michael Patrick Pullinzi, 64, no street address provided, of Batavia, is charged with criminal contempt 2nd. He allegedly violated an order of protection out of Family Court at 6:30 a.m. on April 20. He was arraigned and released.

Daniel John Wright, 61, of Bay Village Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, speeding, and driving without an inspection certificate. Wright was stopped by Deputy Jacob Kipler at 1:38 a.m. on April 21 on Lake Street Road, Le Roy. He was issued an appearance ticket and released.

Daniel R. Larocche, 45, of Buffalo, is charged with felony driving while under the influence of drugs. Laroche was stopped by State Police in the village of Oakfield at 7:38 p.m. on April 22. He was released on an appearance ticket.

Joseph J. Nelson, 38, of Medina, is charged with petit larceny. The incident was reported at 12:40 p.m. on April 11 in the town of Batavia. The State Police did not release further information.

Stephen D. McCarthy, 46, of Walworth, is charged with criminal possession of stolen property and petit larceny. McCarthy is accused of possessing a stolen credit card in the town of Alabama at 12:15 p.m. on March 11. He was arrested on April 19 by State Police. The State Police released no further information.

Lockport woman charged with murder in case of body found in Alabama

By Howard B. Owens
henry mugshot
Kathryn Henry

A 33-year-old Lockport woman has been charged with murder by the Genesee County Sheriff's Office for allegedly causing the death of Michael Poole and then attempting to conceal Poole's body in a remote area of the town of Alabama. 

Kathryn A. "Kat" Henry is charged with murder in the second degree, a Class A-1 felony, which carries a potential sentence of 15 years to 25 years in state prison. 

The body of the 59-year-old Poole, from Olcott, was found in Alabama on March 19 during an investigation into a report of a missing person from Niagara County.

Henry is accused of conspiring with another person in the death of Poole. The other suspect is not yet named and has not yet been arrested, but charges are expected. The Sheriff's Office said there is no concern for public safety.  The suspect is already in custody on another matter.

Henry is also charged with:

  • Assault in the first degree, a Class B felony
  • Concealment of a human corpse, a Class E felony
  • Hindering prosecution in the first degree, a Class D felony
  • Tampering with physical evidence, a Class E felony
  • Conspiracy in the second degree, a Class B felony
  • Conspiracy in the fourth degree, a Class E felony

Henry was arraigned on Friday and ordered held without bail.

Law and Order: Batavia man accused of stealing tip jar from store as well as credit cards from cars

By Howard B. Owens
jennifer_shaffer
Jennifer Shaffer
matthew_bader
Matthew Bader

Matthew O'Neal Bader, 41, of Batavia, and Jennifer M. Shaffer, 41, of Batavia, are each facing several charges. Bader is charged with two counts of petit larceny, burglary, and identity theft, two counts of grand larceny, two counts of criminal possession of stolen property, unlawful possession of personal identification, and conspiracy. Shaffer is charged with identity theft, criminal possession of stolen property, and conspiracy. Bader is accused of stealing the tip jar from Southside Deli (no time or date provided). He is accused of stealing credit cards from vehicles in two separate incidents (no locations, dates, or times provided) and using the cards at several local businesses.  Shafer has been charged with one of the incidents. Bader also had a warrant for his arrest out of South Carolina.  He was arraigned as a fugitive justice and ordered held in the Genesee County Jail. Shafer's release status is unknown. Bader was also arrested by the Sheriff's Office and charged with identity theft 3rd and criminal possession of stolen property 4th. Bader is accused of using a stolen credit card in the Town of Batavia.

cody_bush
Cody Bush

Cody A. Bush, 38, of Batavia, is charged with attempted assault 2nd, aggravated family offense, unlawful imprisonment 1st, assault 3rd, and obstructing governmental administration 2nd. Bush was arrested April 1 following an investigation into an incident reported on Feb. 25. He is accused of hitting another person numerous times during a disturbance at a residence on Columbia Avenue. He is accused of refusing to let the victim leave a second-floor room, causing the victim to jump out of the window to get away from him, resulting in a serious physical injury. Bush was arraigned in City Court and jailed.

Christopher D. Bisig, 37, of Batavia, is charged with sex offender failure to report internet identifiers within 10 days. Bisig, a Level 3 sex offender, is accused of failing to register two internet identifiers on social media sites. He was arraigned in City Court and ordered held.

Robert L. Drennen, Sr., 42, of Batavia, was arrested on a warrant on April 5. Drennen was initially charged on Sept. 6 with driving while ability impaired by alcohol and drinking alcohol in a motor vehicle. He was issued appearance tickets and released. He allegedly failed to appear in court. He was arraigned in  City Court and released on his own recognizance. 

Marcus A. King, 22, of Webster, was arrested on March 27 on a warrant. King was initially arrested on Nov. 6 on a charge of harassment 2nd after allegedly striking another person in the face during a fight on Pearl Street. The warrant was issued after he allegedly failed to appear in court. King was arraigned in City Court and released. 

Evan J. Vanskiver, 32, of Hamlin, was arrested on March 27 and charged with bail jumping 2nd. Vanskiver is accused of failing to appear in court on a prior charge. He was arraigned in City Court and ordered held in the Genesee County Jail without bail.

Jennifer L. Elmore, 52, of Batavia, is charged with harassment 2nd. Elmore is accused of repeatedly standing outside a person's house, yelling at the person, and writing profanities on the sidewalk in front of the person's residence with the intention to alarm or seriously annoy the person. She was issued an appearance ticket. Elmore was arrested on March 26 and issued an appearance ticket.

Jennifer K. Freeman, 40, of Batavia, was arrested on April 6 on three bench warrants. Freeman is accused of failure to appear in court as ordered. She was arraigned and released.

Kathryn Lorrayne Reinard, 29, of Whitetail Run Drive, Pensacola, Fla., is charged with criminal trespass 2nd. Reinard is accused of entering and remaining in a dwelling without permission in Pembroke at 3:30 p.m. on April 5. Reinard was processed at the Genesee County Jail and released.

Matthew Glenn Raffel, 20, of Selden Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, no tail lamps, and no headlamps. Raffel was stopped at 11:37 p.m. on March 22 on East Main Street, Batavia, by Deputy Carlos Ortiz Speed. Raffel was issued an appearance ticket.

Terrance Lee Falk, 25, of Dellinger Avenue, Batavia, is charged with harassment 2nd. Falk is accused of fighting with another person at the Genesee County Jail at 6:55 p.m. on April 6. He was issued an appearance ticket.

Donald John Cecere, Jr., 66, of West Main Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 3rd, and speeding. Cecere was stopped at 11:53 p.m. on April 4 on West Main Street Road, Batavia, by Deputy Jacob Kipler.

David B. Eck Jr., 31, of Bunnel Street, Attica, is charged with tampering with physical evidence and three counts of criminal possession of a controlled substance 7th. Ashley J. Rzemek, 29, of Cambridge Court, Lancaster, is charged with three counts of criminal possession of a controlled substance 7th.  On April 2, deputies were dispatched to the Target parking lot to investigate a report of two people slumped over in a vehicle. Eck is accused of possessing cocaine, fentanyl and suboxone. Rzemek are accused of possessing cocaine. Eck is accused of swallowing a suspected narcotic in an attempt to conceal it. Both suspects were released on appearance tickets.

Donald Ryan, 40, of Main Road, Pembroke, is charged with tampering with physical evidence, criminal possession of a controlled substance 7th, and failure to signal; Brandi Hough, 28, of Bank Street Road, is charged with tampering with physical evidence, criminal possession of a controlled substance 7th, Elba; and, Eddie Miles, 52, of West Main Street Road, Batavia, is charged with two counts of criminal possession of a controlled substance 7th. A vehicle reportedly driven by Ryan on Park Road, Batavia, was stopped by a deputy for an alleged traffic violation on April 5. They were allegedly found in possession of narcotics. Ryan and Hough allegedly tried to conceal drug paraphernalia.

Jose Antonio Morales, 46, of Marrow Road, Pavilion, is charged with DWI, moving from lane unsafely, and driving left of pavement markings. Morales was reportedly involved in a motor vehicle accident on Perry Road, Pavilion, at 5:49 p.m. on April 8. Morales was charged following an investigation by Deputy Alexander Hadsall. He was arraigned and released.

Joel Morales-Cruz, 49, of Swan Street, Batavia, is charged with felony DWI, felony driving with a BAC of .8 or greater, circumventing an interlock device, aggravated unlicensed operation, and failure to stop at a stop sign.  Morales-Cruz was stopped at 2:36 a.m. on April 7 on Park Road, Batavia, by Deputy Jeremiah Gechell. He is accused of driving drunk with a prior DWI conviction. He was released on an appearance ticket.

Joseph Jonathan Kuzma, 44, of Byron Holley Road, Byron, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation, speeding, unlicensed driver, and no inspection certificate. Kuzma was stopped at 7:51 p.m. on April 9 on Buffalo Road, Bergen, by Deputy Zachary Hoy. Kuzma was released on an appearance ticket.

Jon Hoyt Bush, Sr., 64, of Columbia Avenue, Batavia, is charged with criminal possession of a controlled substance, criminal trespass 3rd, driving while impaired by drugs, controlled substance not in original container, and unsafe turn. Bush was stopped at 4:05 p.m. on Feb. 25 on Beaver Meadow Road, Bryon. He was arrested on April 13 following an investigation by Deputy Zachary Hoy.  He was issued an appearance ticket.

Jessica Jane Warning, 27, of Boston State Road, Boston, is charged with DWI, driving with a BAC of .08 or greater, running a red light, unsafe lane change, and drinking alcohol or using cannabis in a motor vehicle on a highway. Warning was stopped at 1:30 a.m. on April 14 on Main Road, Batavia, by Deputy Jacob Kiplar. She was released on an appearance ticket.

Law and Order: Batavia man accused of fighting with police during disturbance on Thomas Avenue

By Howard B. Owens
allister_gunter
Allister Gunter

Allister L. Gunter, 28, of Batavia, is charged with attempted assault 2nd, attempted robbery 3rd, four counts of unlawful imprisonment 2nd, two counts of criminal mischief 4th, three counts of endangering the welfare of a child, resisting arrest, two counts of obstructing governmental administration 2nd, and harassment 2nd. Gunter was charged following an incident reported on March 17 on Thomas Avenue. Patrol officers responded to a report of a disturbance. A victim reported a fight. Gunter is accused of barricading the door, requiring officers to make a forced entry into the residence. When officers attempted to take Gunter into custody, he allegedly resisted arrest and fought with officers. The victim alleges that Gunter attempted to assault her and would not allow her or her children to leave the residence. He allegedly prevented her from calling the police for help. He was arraigned and released under supervision.

jorgia_fotiathis
Jorgia Fotiathis

Jorgia A. Fotiathis, 30, of Batavia, is charged with assault 1st and criminal possession of a weapon 4th. Fotiathis was arrested on March 19 following an investigation into an incident reported on March 4 on Hutchins Street.  Fotiathis is accused of stabbing another person. He was arraigned and jailed.

George J. Budzinack, 44, of Batavia, is charged with burglary 3rd and petit larceny. Budzinack is accused of entering Tops on March 29 after being barred from the property and stealing merchandise from the store on March 29. He was arraigned and jailed without bail.

Luc A Baillargeon, 42, of Batavia, is charged with menacing 2nd, criminal possession of a weapon 4th, and criminal contempt 2nd. Baillargeon is accused of throwing a knife at another person on March 27 during a fight on Prospect Avenue. He allegedly violated an order of protection by sending unauthorized text messages. he was arraigned in City Court and released.

george_budzinack
George Budzinack

James R Briggs, 48, of Walden Creek Drive, Batavia, is charged with criminal possession of a forged instrument 2nd and criminal possession of stolen property 5th. Briggs was arrested following a traffic stop on March 24. He was allegedly driving a vehicle with a stolen license plate and forged registration sticker. He was arraigned and released. Briggs is also charged with petit larceny. He is accused of shoplifting from Walmart at 7:34 p.m. on March 14. 

Mark L. Farley, 55, of Batavia, is charged with criminal contempt 1st and harassment 2nd. Farley allegedly threatened another person on March 23 in violation of an order of protection. He was arraigned and released. On March 25, he was charged with harassment 2nd in connection with an incident reported in February where he allegedly grabbed another person. He was issued an appearance ticket.

Miya R. Houseman, 23, of Batavia, was arrested on March 27 on a warrant. Houseman was initially arrested on a charge of DWI Nov. 21, 2021. A warrant was issued after she allegedly failed to appear in court. She was arraigned in  City Court and released. 

Martin J. Rodgers, 40, of Batavia, is charged with criminal contempt 1st. Rodgers is accused of violating a stay-away order of protection. He was arraigned in City Court and ordered jailed on $4,000 bail. 

Carl E. Canterbury, 53, of Batavia, was arrested on March 22 on a warrant. Canterbury was charged on Jan. 23 for allegedly operating a motor vehicle with a suspended registration. A warrant was issued after he allegedly failed to appear in court. Canterbury was arraigned and released. 

Joey A. Evans, 33, of Batavia, was cited for riding a bicycle on a sidewalk. Evans was charged after an accident on March 22. He allegedly struck a pedestrian while riding his bike. He was issued an appearance ticket.

Mark. A. Constable, 35, of Batavia, is charged with harassment 2nd. Constable is accused of grabbing another person by the arm during a dispute on Ganson Avenue on March 23. he was issued an appearance ticket.

Mark. A. Constable, 35, of Batavia, and Kayleen M. Laird, 28, of Batavia, are charged with theft of services. Constable and Laird are accused of leaving Gilliana's Diner on Jackson Street on March 19 without paying for their meals. They were issued appearance tickets.

Kenneth H. Avery, 53, of Byron, is charged with DWI. Avery was charged following a traffic stop on March 17 on Clinton Street by a Batavia patrol officer. He was issued an appearance ticket.

Ronald W. Lewis, 36, of Ogden, was arrested on March 20 on two warrants. The first warrant stems from a larceny complaint in July of 2023. Lewis allegedly stole merchandise from Tim Horton’s. The second is the result of a trespass charge in September of 2023 at UMMC. He was arraigned and released.

Canden J. Thomas, 29, of Albion, was arrested on March 20 on a warrant. Thomas was initially charged on Nov. 22 with aggravated unlicensed operation of a motor vehicle 3rd, leaving the scene of a property damage accident and other traffic violations after a motor vehicle crash on Bank Street. He was arraigned and released.

Nathan W. Campbell, 43, of Batavia, is charged with trespass. Campbell is accused of entering Save-a-Lot on March 28 after being barred from the property. He was issued an appearance ticket/

Lewis A. Morris, Jr., 69, of Batavia, is charged with criminal obstruction of breathing and harassment 2nd. Morris is accused of putting his hands around the neck of another person and of striking that person in the face during a disturbance on Brooklyn Avenue on March 15. He was arraigned and released.

Patricia M. Anderson, 39, of Batavia, was arrested on April 1  on two warrants on charges of criminal possession of a controlled substance 7th. The first warrant is related to an incident in August of 2023, where Anderson was allegedly found in possession of cocaine while being arrested on an unrelated warrant. The second warrant stems from an incident in October of 2023, where Anderson was allegedly found in possession of methamphetamine and fentanyl while again being arrested on another unrelated warrant. She was arraigned and released.

Douglas G. Bryant, 52, of Batavia, was arrested on a warrant on March 29 on a charge of criminal contempt 2nd. Bryant is accused of violating an order of protection by posting about the protected person on social media. He was arraigned in City Court and jailed.

Michael C. Smith, 32, of Batavia, is charged with petit larceny. Smith is accused of stealing merchandise from Tops on March 29. He allegedly fled the store. Store employees followed him to West Avenue and Union Street, where police took him into custody. He was issued an appearance ticket and turned over to the Sheriff's Office on a warrant.

Thomas Joseph Mitchell, 34, of Chestnut Street, Batavia, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation of a motor vehicle 3rd, unlicensed driver, and no inspection sticker. Mitchell was stopped at 3:50 a.m. on March 22 on Route 33 in Bergen by Deputy Jacob Kipler. He was issued an appearance ticket.

Jennifer Lynn McCoy, 46, of Main Street, Attica, is charged with grand larceny 4th, three counts of unlawful possession of personal identification information 3rd, and petit larceny. McCoy is accused of stealing $2,800.67 from a location on South Main Street, Oakfield, between Oct. 19 and Jan. 28. She is also accused of stealing a donated bicycle from a non-profit organization in Stafford on July 25. McCoy was issued an appearance ticket.

Joshua John King, 34, of Ross Street, Batavia, is charged with DWI and driving with a BAC of .18 or greater. King was stopped at 1:57 a.m. on March 24 on West Main Street Road, Batavia, by Deputy Jeremiah Gechell. He was processed at the Genesee County Jail and released.

Scott Robert Stine, 40, of Alleghany Road, Pembroke, is charged with DWI, reckless driving, open alcohol container in vehicle, speed unreasonable, and failure to keep right.  Stine was allegedly involved in a single-vehicle property damage accident at 9:22 p.m. on March 28 on North Lake Road, Pembroke. He was arrested by Deputy Ayron Blankenberg, processed at the Genesee County Jail, and released.

Michael Anthony Sweet, 38, of Raymond Avenue, Batavia, is charged with criminal possession of a controlled substance 7th. Sweet was stopped at 11:38 p.m. on March 26 on Clinton Street Road, Batavia, by Deputy Ryan Mullen. Sweet was allegedly found in possession of methamphetamine. He was released on an appearance ticket.

Jared Ryan Burns, 37, of Clinton Street Road, Batavia, is charged with falsely reporting 3rd. Burns is accused of calling emergency dispatch at 3:26 p.m. on March 31 to falsely report an incident that was "about to occur" at a location on Clinton Street Road. He was issued an appearance ticket.

James Thomas Cooke, 30, of Sandy Beach Road, Grand Island, is charged with DWI, driving with a BAC of .08 or greater, and unregistered motor vehicle. Cooke was stopped at 12:59 a.m. on March 30 on West Main Street, Batavia, by Deputy Jeremiah Gechell. Cooke was issued an appearance ticket.

Paul Lee, 52, of Helen Street, Rochester, is charged with criminal possession of a controlled substance 7th.  Following a complaint at 3:41 p.m. on April 2 on Buffalo Road in Bergen, deputies Mason Schultz and James Stack made contact with Lee. He was allegedly found in possession of narcotics. He was processed at the Genesee County Jail and released.

Matthew O'Neal Bader, 41, of Maple Street, Batavia, is charged with identity theft, 3rd, and criminal possession of stolen property, 4th. Bader is accused of stealing a credit card and using it to make purchases in the city of Batavia on March 15. Bader was processed at the Genesee County Jail and released.

Nickolas Adam Figlow, 22, of Oak Street, Batavia, is charged with making a threat of mass harm. Figlow is accused of making a threat of mass harm against a business on Lewiston Road, Batavia, on April 2. Figlow was processed at the Genesee County Jail and released.

Grand Jury Report: Suspect accused of burglary in Le Roy

By Howard B. Owens

Raymond Stanley is indicted on counts of burglary in the third degree, a Class D felony, grand larceny in the fourth degree, a Class E felony, criminal possession of stolen property in the fifth degree, a Class A misdemeanor, and criminal trespass in the second degree, a Class A misdemeanor. Stanley is accused of entering a building on Lake Street, Le Roy, with the intent to commit a crime. He's accused of stealing property with a value in excess of $1,000. He is accused of possessing stolen property with the intent to benefit himself while impeding the recovery of the property by the rightful owner. He is accused of being on property owned by another without authorization.

Jacob J. Russell and Connor L. Andrews are indicted on counts of criminal possession of a weapon in the third degree, a Class D felony and criminal possession of a controlled substance in the seventh degree. Both Russell and Andrews are accused of possessing brass knuckles while having been previously convicted of a crime on Dec. 23 in the city of Batavia. They're also accused of possessing cocaine.

Jennifer M. Shaffer is indicted on counts of aggravated driving while intoxicated, a Class E felony, and driving while ability impaired by drugs. Shaffer is accused of driving drunk and under the influence of drugs, a misdemeanor, in the city of Batavia on Oct. 10. Shaffer is accused of driving while impaired with a child age 15 or younger in the vehicle.

Susan A. Samanka is indicted on a count of failure to appear for a photo as a registered sex offender, a Class D felony. Samanka is a registered Level 2 sex offender and is accused of failure to provide a current photograph of herself within the time period provided for by law. She is also indicted on a count of sex offender failure to register change of address, a Class E felony.

Jarvis D. Seymore is indicted on counts of criminal possession of stolen property in the fourth degree, a Class E felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Seymore is accused of possessing a 2008 Nissan Altima on Oct. 28, 2022, with the intent to deprive the vehicle's rightful owner of the property. He's also accused of possessing cocaine.

Amy M. Gambino is indicated on a count of criminal contempt in the first degree, a Class E felony. Gambino is accused of violating an order of protection at a location on Alleghany Raod in Darien on Aug. 28.

Shante C. Johnson is indicted on a count of burglary in the second degree, a Class C felony, and criminal mischief in the fourth degree. Johnson is accused of entering a residence on Thorp Street, Batavia, on Sept. 26 with the intent to commit a crime inside the building. Johnson is accused of intentionally damaging a door and door frame at the residence.

Jarrod K. Foriathis is indicated on a count of escape in the second degree, a Class D felony, attempted escape in the second degree, a Class A misdemeanor, and criminal mischief in the fourth degree, a Class A misdemeanor. Foriathis, after being charged with a felony, allegedly escaped from custody at the Genesee County Jail on July 15. He is accused of attempting to escape. He is accused of damaging a wall at the jail.

Chad M. Johnston is indicated on counts of burglary in the second degree, a Class C violent felony, attempted burglary in the second degree, a Class D felony, and criminal mischief in the third degree, a Class E felony. Johnston is accused of entering a dwelling on Liberty Street on Dec. 6 with the intent to commit a crime inside. He is accused of attempting to enter the building. He's accused of damaging the property of another person with a value of more than $250.

Micahel J. Torres is indicted on counts of criminal possession of a controlled substance in the fifth degree, a Class D felony, criminal possession of a controlled substance in the third degree, a Class B felony, and obstructing governmental administration in the second degree, a Class A misdemeanor. Torres is accused of possessing more than 500 milligrams of cocaine with the intent to sell it on July 12. He is accused of attempting to prevent a public servant from performing the servant's official duties.

Mark L. Frongetta is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony, and menacing in the second degree, a Class A misdemeanor. Frongetta is accused of possessing a dangerous instrument with the intent to use it against another person in the town of Batavia on July 1. He allegedly placed another person in fear for his or her safety.

Paul Lee is indicted on counts of criminal possession of stolen property in the fourth degree, a Class E felony, two counts of identify theft in the third degree, a Class A misdemeanor, and two counts of petit larceny, a Class A misdemeanor. Lee is accused of possessing a debit card belonging to another person with the intent to deprive the other person of possession of the property. He is accused of the identity of another person. He is accused of stealing property at a location in Batavia on Aug. 24.

Lavar V. McKnight is indicted on a count of criminal contempt in the first degree, a Class E felony. McKnight is accused of violating an order of protection at 8250 Park Road, Batavia, on May 25. He is accused of pushing the protected person.

Neikia D. Newton is indicted on two counts of criminal possession of a controlled substance in the third degree, a Class B felony, criminal possession of a controlled substance in the fifth degree, a Class D felony, and aggravated unlicensed operation. Newton is accused of possessing with intent to sell more than a half ounce of cocaine in the city of Batavia on Sept. 27. Newton is accused of driving a 2012 Ford on Route 98 in Batavia on a revoked license.

Owen C. Scouten is indicted on counts of vehicular assault in the second degree, a Class E felony, DWI, a misdemeanor, driving with a BAC of .08 or greater, a misdemeanor, endangering the welfare of a child, a Class A misdemeanor, and unlawful dealing with a child in the first degree, a Class A misdemeanor. Scouten is accused of driving a vehicle on a public highway, Lewiston Road, Batavia, on Aug. 20 in such a way that it caused serious injury to another person. He is accused of acting in a way that knowingly endangered the physical, mental, or moral health of a child less than 17 years old. He is accused of providing alcohol to a child.

Terry J. Wickham is indicted on counts of criminal possession of a weapon in the second degree, a Class C felony, seven counts of criminal possession of a weapon in the third degree, and criminal possession of a rapid-fire modification device. Wickham is accused of possessing a loaded AR-15 firearm on Oct. 25 outside his home or business. He is accused of possessing an AR-15 with the ability to accept a detachable magazine, flash suppressor, muzzle break (sic) or muzzle compensator, folding or telescoping stock, and a pistol grip that extends conspicuously beneath the action of the weapon. He is accused of possessing six clips capable of storing more than 10 rounds. He is accused of possessing a binary trigger system. 

Kiara A. Bates is indicted on two counts of criminal possession of stolen property in the third degree. Bates is accused of possessing a stolen 2019 Accura with a value greater than $3,000 and of passing fragrances belonging to Ultra Beauty with a value in excess of $3,000.

Law and Order: Batavia woman accused of repeatedly trespassing at Kwik Fill

By Howard B. Owens

Alicia M. Lyons, 44, of Batavia, is charged with four counts of trespass and one count of obstructing governmental administration 2nd.  Between March 11 and March 13, Lyons was arrested four times for allegedly trespassing at Kiwik Fill after being previously banned from the property.  She allegedly fled from police officers when they attempted to take her into custody. She was arraigned and released.

Trevor N. Christman, 33, of Batavia, is charged with exposure of a person. Christman is accused of exposing himself in a public place on March 14. He was issued an appearance ticket.

Martin J. Rodgers, 40, of Batavia, is charged with endangering the welfare of a child and harassment 2nd. Rodgers is accused of throwing a mobile phone at a 15-year-old child during a disturbance on Summit Street on March 16. He was arraigned and released.

Janell M. Sauer, 48, was arrested on March 13 on a warrant. Sauer was initially charged on Nov. 10 with aggravated unlicensed operation of a motor vehicle 3rd. The warrant was issued after she allegedly failed to appear in court. Sauer was arraigned and released. 

Brian A. Powell, 64, of Batavia, is charged with obstructing governmental administration 2nd. On Feb. 28, patrols responded to Oak Street and West Main Street for a report of a person slumped over the wheel of a car. When officers made contact with the driver, he allegedly drove away, leading police on a short pursuit. The driver stopped the vehicle on Central Avenue but refused to exit the car. The driver was removed from the vehicle by officers and placed under arrest and identified as Powel. He was issued an appearance ticket. 

Keonon S Williams, 46, is charged with petit larceny. Williams is accused of stealing license plates from another person and refusing to return them. He was arraigned and released.

Misty R. Scutt, 34, of Akron, was arrested on March 11 on a warrant. Scutt was initially charged with driving while ability Impaired by drugs on April 26. The warrant was issued after she allegedly failed to participate in a court-ordered program. Scutt was arraigned in City Court and released. 

Law and Order: Alexander man accused of child sex abuse

By Howard B. Owens
john volpe
John Volpe

John P. Volpe, 71, of Buffalo Street Road, Alexander, is charged with predatory sexual assault against a child, course of sexual conduct against a child 1st, two counts of criminal sexual act 1st, attempted rape 1st, aggravated sexual abuse 2nd, aggravated sexual abuse 1st, aggravated sexual abuse 3rd, three counts of sexual abuse 1st, rape 3rd, two counts of criminal sexual act 3rd, and two counts of forcible touching. Volpe is accused of engaging in numerous acts of sexual conduct involving a child beginning in 2012 and continuing until 2024 with a known victim. Volpe was arrested on March 7. He was arraigned and ordered held on $20,000 bail. This is an ongoing investigation and additional charges are possible, according to the Sheriff's Office. The Sheriff's Office was assisted in the investigation by the NYS Department of Environmental Conservation Police. The FBI also participated in the investigation.

randolph byrd
Randolph Byrd

Randolph R. Byrd, 60, of Batavia, is charged with burglary 2nd, assault 3rd, unlawful imprisonment 2nd, criminal obstruction of breathing, criminal mischief 4th, and resisting arrest. Byrd is accused of illegally entering a residence on East Main Street on March 5 and attacking a victim. He allegedly resisted arrest and damaged an officer's portable radio. He was arraigned and held in the Genesee County Jail.

Anthony Michael Gabri, 28, of Long Wood Drive, Rochester, is charged with criminal impersonation of a public servant and front windshield non-transparent. Gabri was stopped at 11:30 a.m. on March 18 on an alleged traffic violation on West Main Road, Le Roy, by Deputy Jeremy McClellan. During the stop, Gabri was allegedly found to be wearing the badge of a village of East Rochester constable and an outer carrier tactical vest typically used to carry body armor while traveling to Batavia to serve paperwork for his privately owned business and not under the direction of village authorities. He was issued an appearance ticket and released.

Alicia M. Lyons, 44, of Batavia, is charged with trespass.  Lyons is accused of being at Kwik Fill, 99 Jackson St., Batavia, on March 11, after being previously barred from the property. She was issued an appearance ticket.

Trevon L. Armstrong, 38, of Batavia, was arrested on a warrant on March 11. Armstrong was initially arrested on Nov. 16 on a charge of criminal mischief 4th after allegedly damaging property during an incident on Denio Street. He is accused of failure to appear in court on the charge.  Armstrong was arraigned in City Court and released on his own recognizance. 

Ronald W. Lewis, 36, of Ogden, was arrested on March 8 on two warrants issued by City Court. The first warrant stems from an incident on July 7, when Lewis was charged with petit larceny after allegedly stealing merchandise from a local business. The second warrant is the result of an incident reported on Sept. 24, when Lewis was charged with trespass after allegedly refusing to leave United Memorial Medical Center. Lewis was arraigned and released. 

Niranh S. Woods, 29, of Batavia, was arrested on a warrant on March 8. Woods was initially charged with aggravated unlicensed operation of a motor vehicle 2nd on Aug. 5. The warrant was issued after he allegedly failed to appear in court. Woods was arraigned in City Court and released. 

Robert J. Schultz, 66, of Elba, is charged with criminal mischief 4th. Schultz is accused of damaging another person's car on March 8 during a fight on Liberty Street. Schultz was issued an appearance ticket.

Christopher G. Marr, 55, of Batavia, is charged with DWI.  Marr was stopped on March 3 on South Main Street by a Batavia patrol officer. He was issued an appearance ticket.

Shamond R. Adams, 27, of Batavia, is charged with a barking dog violation.  Adams is accused of allowing his dog to bark for an extended period of time on March 9. He was issued an appearance ticket.

John Carl Ireland, 39, of Sumner Road, Darien, is charged with criminal mischief 3rd. Ireland is accused of damaging the property of another person with a value in excess of $250 during an argument reported at 11:40 a.m. on March 12 at a location on Sumner Road, Darien. Ireland was arraigned and released.

Torres Epifanio Nazario, 47, of Church Street, Bergen, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and improper turn signal. Nazario was stopped at 9:57 p.m. on March 9 on Route 19 in Bergen by Deputy Zachary Hoy. He was issued tickets and released.

Khadija Aisha Wilson, 27, of Freeman Street, Buffalo, and Shakayla Monique Williams, 29, of Petters Street, Buffalo, are charged with petit larceny and conspiracy 6th. Wilson and Williams are accused of shoplifting from Ulta Beauty on Veterans Memorial Drive, Batavia, at 12:39 p.m. on Feb. 27. Deputy Ayrton Blankenship and Sgt. Michael Lute investigated the case. 

Mark W. McWethy, 56, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th and failure to keep right. McWethy was allegedly found in possession of cocaine during a traffic stop at 9:47 p.m. on March 18 on Main Street, Batavia. He was processed at the Genesee County Jail and released.

Dustin James Brown, 22, of Raymond Road, Ontario, Canada, is charged with DWI, driving with a BAC of .18 or greater, drinking alcohol or using cannabis in a motor vehicle, and unregistered motor vehicle. Brown was stopped following traffic complaints at 5:50 p.m. on March 14 on Byron Holley Road, Byron, by Deputy Stephen Smith. He was processed at the Genesee County Jail and released.

Michael Anthony Sweet, 38, of Raymond Avenue, Batavia, is charged with criminal possession of a controlled substance 7th and driving without an inspection certificate. Sweet was stopped at 1:09 a.m. on March 19 on Oak Street by Deputy Jacob Kipler. Sweet was processed at the Genesee County Jail and released.

Vincenne Elizabeth Mendrysa, 68, of West Main Street, Batavia, is charged with criminal contempt 2nd and falsely reporting an offense to law enforcement 3rd. Mendrysa was arrested on March 14 after allegedly reporting an incident to law enforcement that did not occur. Mendrysa was allegedly found in violation of an order of protection at the time of her arrest. She was jailed pending arraignment.

Sharon Renee Boyer, 55, of Alexander, is charged with DWI and driving with a BAC of .08 or higher. Boyer was stopped by State Police at 11:28 p.m. on March 15 in the Town of Alexander. She was released to a third party.

Sheriff's Office investigating apparent homicide, body of missing Niagara County man found in Alabama

By Howard B. Owens

Press release:

The Genesee County Sheriff's Office is currently investigating an apparent homicide. The victim has been identified as Michael G. Poole, age 59, of the Olcott, NY area. The victim waslocated during the afternoon of March 19, 2024 in the Town of Alabama, New York during the investigation into a missing person out of Niagara County.

The preliminary investigation indicates that this appears to be an isolated incident and that there is no threat to the public. Anyone who may have information related to this incident is asked to contact the Genesee County Sheriff's Office at 585-343-5000. This investigation is ongoing, and no further details have been released at this time.

Le Roy resident facing a federal child pornography charge

By Howard B. Owens

A 37-year-old Le Roy resident is being accused by federal authorities of possession and distribution of child pornography.

Jordan Brodie faces a mandatory minimum penalty of 15 years in prison because of a prior child pornography conviction.

According to a statement by Assistant U.S. Attorney Kyle P. Rossi, Brodie was using a chat application along with others who traded child pornography in May 2023, and Brodie uploaded at least one image to a different social media platform.  That upload was reported to the National Center for Missing and Exploited Children.

The State Police conducted an investigation and determined that the alleged upload took place from Brodie's home in Le Roy. 

A warrant was issued, and investigators seized Brodie's phone and the contents of a social media site. Authorities say they discovered images of child pornography involving children less than 12 years old.

At the time, Broadie was under the supervision of the Genesee County Probation Department following a child pornography conviction in May 2021.

Brodie was arraigned today in U.S. District Court and ordered held in custody.

The criminal complaint is the result of an investigation by the New York State Police, Lyons, under the direction of Major Miklos Szoczei II, and the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia. 

Recap: Last week's coverage of the passing of Sgt. Thomas A. Sanfratello

By Howard B. Owens
sanfratello riptides
Members of the GLOW Riptide Swim Club honored Sgt. Thomas A. Sanfratello during its meet last week in Long Island.
Photo submitted by Chris Erion.

For those who may have missed some of the stories and events, here's a recap of our coverage of news and events related to the death of Sgt. Thomas A. Sanfratello:

Remote video URL
This video was shot for The Batavian on Friday when the hearse carrying the casket of Sgt. Thomas A. Sanfratello was escorted from Gilmartin Funeral Home to Genesee Community College in preperation for the funeral on Saturday.  We neglected to publish it on Friday we are sharing it in this post.

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