crime

Melissa C. Kent, 18, of 131 State St., Batavia, is charged with criminal possession of stolen property, 4th. Kent is accused of being with Kyle Monroe when he made purchases at a local store using an allegedly stolen credit card. Monroe is accused of stealing a credit card from a car on Gateway Drive on June 14.

Juanita Jackson, 53, of 214 Ellicott St., Batavia, is charged with endangering the welfare of a child. While investigating a report of two children fighting, Officer Kevin DeFelice found that a 9-year-old had allegedly been left to care for a 3-year-old. The 3-year-old was reportedly left alone in the house. Jackson was located and arrested.

Annette C. Eleczko, 50, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Eleczko was stopped at 11:20 p.m., Saturday, on Route 77 in Pembroke by Deputy Patrick Reeves.

Lisa Marie Elmore, 45, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Elmore was stopped at 2:37 a.m., Sunday, on Route 33, Batavia, by Deputy Patrick Reeves.

Jamie Lynn Haseley, 25, of 30th Street, Niagara Falls, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Haseley was stopped at 11:06 p.m. on Harlow Road, Darien, by Deputy Kevin McCarthy.

Cheryl Adele Vagg, 53, of Warsaw, is charged with promoting prison contraband and unlawful possession of marijuana. Vagg was arrested at 3 a.m., Sunday. She was allegedly found to have marijuana in her purse while in Genesee County Jail.

Abram W. Harrison, 21, of Pratt Road, Batavia, is charged with driving while impaired by drugs. Harrison was stopped at 9:57 p.m., Friday, in the Walmart parking lot by Deputy Chad Minuto.

Jarrett Tyler Pietrowski, 21, of Broadway Road, Lancaster, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, improper right turn, failure to keep right. Pietrowski was stopped at 1:40 a.m., Saturday, on Route 20 in Darien by Deputy Patrick Reeves.

Tashara Moore, 28, of Andrews Avenue, Cheektowaga, is charged with petit larceny.  Moore and James Alfred Hicks, 40, of Andrews Avenue, Cheektowaga, were detained by loss prevention officers at Kmart, where they were accused of trying to steal more than $450 in merchandise.

Adam James Robertson, 23, of Pennels Drive, Rochester, is charged with assault, 3rd. Robertson is accused of breaking the arm of another person while attending the Dave Matthews concert at Darien Lake on June 2.

Justin Mathew Forrester, 29, of Evergreen Circle, Fairport, was arrested in Monroe County on a family court warrant and turned over to the Genesee County Sheriff's Office.

Robert J. VanPelt, 33, of Council House Road, Alabama, is charged with vehicular assault, 1st, DWI and driving with a BAC of .18 or greater. VanPelt's arrest stems from an investigation into a motor vehicle accident May 2 at 7605 Sandhill Road.

The following arrests and citations were made in conjunction with the Lynyrd Skynyrd concert July 3 at Darian Lake.

William H. Chapple, 42, of Pine Street, Lockport, is charged with criminal possession of a controlled substance 7th, tampering with physical evidence and unlawful possession of marijuana. Chapple is accused of allegedly possessing a quantity of marijuana and attempting to destroy it. While being processed he was reportedly found to be in possession of a controlled substance.

Lawrence P. Taylor, 37, of Main Street, Depew, is charged with disorderly conduct after allegedly throwing a cup containing alcohol onto another patron.

Dennis M. Moquin, 38, of Buffalo Street, Silver Creek, is charged with harassment, 2nd, after allegedly striking another person in the parking lot after the concert.

Eric J. Ronchi, 18, of Bay Road, Webster, is charged with petit larceny after allegedly stealing hot dogs and firewood from the General Store at Darien Lake.

The following citations were issued for alleged underage drinking:

David E. Bucholz, 18, of Briggs Avenue, Buffalo
Mario V. Tremblay, 19, of Wickman Road, Cattaraugus
Cody E. Sawyer, 19, of Mosher Highway Road, Cattaraugus
Chantelle L. Niemer, 18, of Greenleaf Lane, Cheektowaga
Chelsie L. Suttell, 19, of Penwood Drive, Cheektowaga
Marissa M. Floyd, 18, of Carol Drive, Cheektowaga
Nathan W. Studley, 18, of South Main Street, Cattaraugus
Kyle A. Wittrock, 19, of Stateland Road, Cattaraugus

Gary Draper, known throughout the community for his efforts to raise money for the American Diabetes Association while riding his three-wheel bike around Genesee County, will be arraigned this morning on felony sexual abuse charges.

Draper was arrested on a warrant yesterday following a Batavia Police Department investigation.

Det.Todd Crossett stressed this morning that none of Drapers alleged victims were children he met while fundraising. Two of children, between ages 9 and 12, were family members and a third was a family friend.

"We believe he victimizes those he has easy access to," Crossett said.

Draper is facing three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

He is accused of abusing the children between August 2008 and May 2009.

Draper has no prior criminal record.

Since 1995, Draper has been riding a bike around Genesee County and into Wyoming, Orleans and Erie counties, to raise money for the American Diabetes Association. In April, he told The Batavian he had raised more than $110,000.

UPDATE: Draper was arraigned this morning. Since he was just arrested, he initially did not have an attorney. After he was handed a copy of the Grand Jury indictment, he told Judge Robert Noonan that he couldn't read. Noonan immediately assigned Jerry Ader,  from the public defender's office, to represent him. After a recess, Draper entered a not guilty please and bail was set at $25,000.

(initial report)

A Town of Batavia resident is accused of sexually abusing children in the City of Batavia.

Gary E. Draper, 57, of 9175 Batavia-Stafford Townline Road, Batavia, is facing three counts of sexual abuse, 1st, five counts of criminal sexual act, 1st, and two counts of sexual abuse, 2nd.

Draper was arrested on a warrant following an investigation by Batavia detectives.

He is accused of sexually abusing children from August 2008 and May 2009.

Draper was placed in Genesee County Jail without bail, awaiting arraignment in County Court on Friday.

A 26-year-old woman from Le Roy was charged with felony DWI last night after her car was destroyed by a train at the crossing on Caswell Road, Byron.

Jennifer Coombs was reportedly driving her 2002 Mercedes when it got hung up on the tracks.

A train struck and destroyed the car about 10:02 p.m. and Coombs and two passengers allegedly fled the scene.

Coombs was located by Sgt. Greg Walker a short distance from the scene.

She was also charged with unsafe lane change, unsafe tires and felony driving with a BAC of .08 or greater.

(initial report)

Whether the Suzanne Corona case will lead to a constitutional challenge to New York's adultery law is not a given, according to her new attorney Brian P. Degnan.

After Corona appeared in Judge Michael Delplato's courtroom for the first time today after selecting Degnan to represent her (Degnan is the son-in-law of the original judge on the case, Robert Balbick), Degnan told reporters that he wants to examine a plea offer from the District Attorney's office and decide how to proceed from there.

"We have not reached a deposition in this case and I'm interested in whatever would enable my client to get the best disposition in her best interest at this time," Degnan said when asked whether he would persue a constitutional challenge to the adultery law.

He called the law bizarre and unusual, noting that it has been prosecuted only 13 times in New York since 1970.

Degnan would not discuss the specifics of the plea offer.

Even if the adultery charge were dropped, attorneys have told The Batavian on background that Corona, merely because she has been charged with the crime, could seek judicial review of the statute.

Today, in her second court appearance on the case, Cornona did not enter a plea to the adultery or public lewdness charges.

A hearing was set for Aug. 18, where Corona could either agree to any plea deal still on the table, or Degnan could begin filing pre-trial motions.

In court, Degnan said he may file a motion for the prosecution to produce any additional evidence it may not yet have turned over in the case. Degnan said the main issue is, he doesn't know whether there are recordings available of any 9-1-1 calls.

"I need to have all of the evidence before me so I can advise my client of the best avenue to take," Degnan later told reporters.

Corona, 41, is accused of engaging in a public sex act in Farrall Park in early June with Justin Amend, 29, of Oakfield.

Amend did not appear in court this morning, but his attorney did and said he's seeking a plea offer from the District Attorney's office.

Police have been dispatched to a "public lewdness" complaint on West Main Street.

A man is reportedly mowing his lawn in the buff.

Accused of arson and attempted murder, Rochester resident Andre L. Scott, 30, will take his case to trial Aug. 23.

Today was the plea-cutoff date. Scott's attorney, Thomas Burns, said his client is well aware of Judge Robert C. Noonan's strict deadlines for plea deals but still rejected a plea offer by District Attorney Lawrence Friedman.

Friedman offered to reduce the charge to attempted arson, 2nd, a Class C felony with no sentence conditions.

Noonan also confirmed today that he denied defense motions to suppress some evidence gathered by Batavia Police detectives.

In his written ruling, Noonan wrote, "The Court therefore finds that, although the parole officers were cooperating with police investigating an arson, they were not acting solely on behalf of the police when seizing the defendant's cell phones and saliva samples."

Burns had argued that a search of Scott, his car and apartment were conducted at behest of the police and some of the parole officers' actions -- such as how the saliva samples were gathered -- were done entirely in the furtherance of the police investigation and not part of the functions of parole officers.

Scott is accused of starting a fire at 12 Elm St., Batavia, on Jan. 12, 2009, in an alleged attempt to kill the father of his recently estranged girlfriend.

For previous coverage, click here.

The attorney for Justin Amend, charged with public lewdness for his alleged part in a public sex act, plans to ask the District Attorney for a plea deal.

The 29-year-old Amend, of Oakfield, wasn't in court today, and his case was continued to July 27, giving attorney Tom Williams time to discuss the case with the DA's office.

Public lewdness is a Class B misdemeanor. It is the only charge Amend is facing from the alleged early June encounter in Farrall Park, Batavia, with alleged partner Suzanne Corona, so it wouldn't seem there is much room to bargain.

Williams said he didn't want to speak for the DA, but he mentioned as an example, the charge could be reduced to disorderly conduct.

"It's a B misdemeanor," Williams added. "It's less serious than stealing a candy bar. You can get a year in jail for stealing a candy bar. You only can only get 90 days for this."

If a deal isn't struck, Williams said, then the July 27 court date will be used for filing motions in preparation for a possible trial.

Corona, who is also charged with adultery, is scheduled to appear in court at 1 p.m. today.

The case has brought an international spotlight to Batavia because the adultery charge is so unusual.

Television camera crews from Rochester were on hand for Amend's hearing this morning.

Woodrow C. Horseman, 34, no permanent address, is charged with three counts of harassment, 2nd. Horseman was first arrested by Batavia Police following a complaint of a man yelling at two women on Thorpe Street at 4:30 p.m, Tuesday. Horseman allegedly verbally threatened the two women. Horseman was issued an appearance ticket and released. At 8:40 p.m., Horseman allegedly threatened another woman at a residence on Lewis Place. Horseman was then arrested and jailed on $750 bail.

Kelly A. Donoghue, 26, of 6 School St., Le Roy, is charged with one forgery, 2nd, and attempted identify theft, 3rd. Donoghue is accused of entering the Le Roy Library on May 27 and assume the identity of another person by obtaining a fraudulent library card. Donoghue allegedly signed the name of the victim after showing the clerks a vehicle title and other personal papers in the name of the victim. Le Roy Police say that if Donoghue had received the card, Donoghue could have removed videos and other property from the library, and the card could have been used elsewhere as a form of I.D. Donoghue was released under supervision of Genesee Justice.

Scott Doll has no intention of pleading guilty to a promoting prison contraband charge, according to his attorney.

The case may go to trial, said Dan Killelea outside of the courtroom this afternoon.

Killelea helped represent Doll in his murder trial.

Doll was convicted of killing Joseph Benaquist in May and jailed immediately. During his processing, Doll was apparently searched and allegedly a green balloon was found hidden on his body. A lab test indicated that ground-up aspirin was the powdery substance the Sheriff's Office said was found in the balloon.

Doll appeared in court today sporting a new beard.

Killelea was granted more to prepare his case and file motions.

The case will be called in City Court on July 27.

Doll is scheduled to be sentenced Friday on the murder conviction.

(via WBTA)

Michelle A. Parker is indicted on four counts, including grand larceny, 3rd, petit larceny, grand larceny, 4th and perjury,1st. Parker is accused of stealing in November 2006 from a bank branch in Batavia and making a false statement related to the case. The amount of the alleged thefts exceed $4,000.

Gerardo Pineda-Sanchez is indicted on a count of assault, 2nd, a Class D felony. Sanchez is accused of stabbing a victim with a knife April 28 in Elba.

Theodore R. Cooper is indicted on one count of grand larceny, 3rd, a Class D felony. Cooper is accused of stealing property valued in excess of $3,000 sometime between Dec. 30 and Feb. 3 from a Batavia resident.

Scott Stine (aka Scott Campbell) is indicted on a count of DWI. Stine is accused of operating a motor vehicle while intoxicated on Lovers Lane Road, Batavia, on May 1.

Ami L. Blackmore is indicated on three counts related to driving while intoxicated. Blackmore is charged with DWI, driving with a BAC of .08 or greater and driving with a BAC of .18 or greater. Blackmore is accused of driving a car while intoxicated on Bloomingdale Road, Alabama, on Jan. 22.

Jamie R. Montgomery is indicted on two misdemeanor counts and one felony count related to an alleged DWI. Montgomery is charged with a misdemeanor count of DWI and a misdemeanour count of driving with a BAC of .08 or greater. She is charged with a Class E felony of aggravated unlicensed operation. Montgomery is accused of driving intoxicated on Route 5 in Stafford on March 17.

An arrest has been made in the alleged theft of credit cards from parked vehicles earlier this month.

Det. Pat Corona of the Batavia Police Department said local media reports about the alleged theft and use of the cards, along with surveillance photos of the alleged suspect, turned up numerous tips leading to the arrest.

Taken into custody and charged with grand larceny, 4th, was Kyle C. Monroe, 20, of 43 Washington Ave., Batavia.

Monroe was located allegedly hiding in the backyard of 131 State St.

He is accused of taking the credit cards from a parked vehicle on Gateway Drive on June 14 and using them to purchase a variety of items at local retail stores, including a laptop computer, electronics and clothing.

The Genesee County Sheriff's Office assisted in the investigation.

Additional charges may be pending and the investigation is continuing.

Monroe was jailed without bail.

Melody Lynn Neal, 20, of Indian Falls Road, Corfu, is charged with falsely reporting an incident, 3rd. Neal is accused of contacting Genesee County Dispatch and claiming that a person had contacted her by phone threatening to do her harm. An investigation allegedly revealed that the harassing phone calls never occurred.

Steven B. Ellis, 46, of Wyoming, is charged with DWI, driving with a BAC of .08, and criminal possession of a controlled substance, 7th. Ellis was stopped by State Police in the Town of Batavia at 6:43 p.m., Sunday.

Accident Update: On an accident we reported Sunday that partially closed Route 63 for several hours, the State Police blotter contains the following information. The accident occurred at 1:52 p.m. It was a single-car accident with one injury. The driver is reported as Roy A. Park, 50, of Batavia. No further details were released.

A Holley man who assaulted a Byron resident and then stole three long guns from him in April will serve four years in prison followed by five years of supervised release.

Darrell Bruce Reid, 45, who admitted to assault, 2nd, in May, said today that he was sorry for the attack and blamed alcohol for his behavior.

"I would like to say I'm sorry to (the victim)," said Reid. "I didn't mean for this to happen. Of course, the next day I was concerned that I hurt him bad. I did not intend to go there to rob that man or to beat him or to hurt him. There were some things said and alcohol provoked it."

While Reid has a lengthy criminal history, including prior felony convictions, both his attorney Billy Tedford and Judge Robert C. Noonan noted that this is Reid's first violent felony.

"I just encourage you to do whatever you can do in state system to get on the right track before you’re released," Noonan said.

Reid's mother and girlfriend both wrote letters of support and were in court during the sentencing.

Reid was also ordered to pay $1,900 in restitution to the victim for hospital bills.

Jeremy Dean Lyons, 25, of Judge Road, Oakfield, is charged with unlawful growing of cannabis and unlawful possession of marijuana. Lyons is accused of having four marijuana plants growing outside of his residence in plain view. He was arrested at 6:42 p.m., Sunday, by Deputy Patrick Reeves.

James C. Cooper, 47, of 7 1/2 North St., Le Roy, is charged with DWI and driving with a BAC of .08 or greater. Cooper was taken into custody after Le Roy Police responded to a report of a disturbance at 1:27 a.m., Saturday, on North Street.

UPDATE: Two additional items from the weekend that did not initially reach our inbox for some reason:

Robert Steven Zona, 53, of Lake Street Road, Le Roy, is charged with rape, 1st. Zona, reportedly a resident of Le Roy Manor, is accused of attempting to rape another resident. Zona was arraigned and released under supervision of Strong Memorial Hospital for mental health evaluation.

James Christain Oehler, 18, of Lake Road, Bergen, is charged with unlawful fleeing a police motor vehicle, and numerous other alleged traffic violations. Oehler is accused of failure to stop his motorcycle on Route 19 in the Village of Bergen. Oehler was reportedly first observed doing 49 mph in a 30 mph zone on Route 19 near Rochester Street in the village. Oehler reportedly turned onto Hunter Road and then Swamp Road, where his speed allegedly exceeded more than 25 mph over the posted speed limit. Oehler was subsequently located at his residence on Lake Road. Upon investigation, Oehler was allegedly operating an unregistered and uninsured motorbike with improper license plates.

A Sheriff's deputy was accosted early this morning by a man accused of wandering down Colby Road in Darien yelling threats toward residents.

Brett Franklin Dieter, 32, of Lewiston Road, Basom, reportedly tried to avoid Deputy Patrick Reeves when he arrived on scene at 1:37 a.m. When contacted by Reeves, Dieter allegedly shoved Reeves and hit him in the face.

Dieter was reportedly drunk at the time of the incident.

Neither Reeves nor Dieter were injured.

Dieter was charged with disorderly conduct and harassment, 2nd. He was issued an appearance ticket and order to appear in Town of Darien Court on July 20.

The Sheriff's Office is investigating a series of car break-ins on Gabby Road, Town of Pembroke that occurred Thursday night between 10:30 and midnight.

Four cars were entered at two residences and one credit card was taken.

The card was used or attempted to be used at several stores in Erie County. 

Chief Deputy Jerome Brewster said not all of the charges were available as of yesterday, but the total is likely only a few hundred dollars.

The value of other items stolen likely exceeds $1,400 (GPS units, purses, sunglasses, etc.).

Brewster said these break-ins do not appear related to the credit card thefts from cars reported earlier in the week.

There's no new information available on that case.

Overnight, somebody pushed over the cow in front of the Cornell Cooperative Extension.

An officer on scene said the anchors appear out of the ground, but it doesn't look damaged.

Dispatch is attempting to contact an extension representative.

UPDATE: Officer Ed Mileham was still on scene when I stopped by for a quick picture and he said last week, pranksters hit the extension, too. Somebody rearranged the lettering of the message board to read "Eat Meat July 2." The cover of that board is now held in place by a padlock. The cow was anchored only with tent spikes.

Clinton Stanley Worthington, 20, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, and no/inadequate stop lamps. Worthington was stopped at 2:25 a.m. in the area of 8974 Upton Road, Batavia, by Deputy James Diehl.