crime

An unshaven Scott F. Doll appeared in City Court this afternoon to deny a charge of promoting prison contraband.

Doll is accused of hiding on his body a green balloon containing a white powder when he was admitted to Genesee County Jail on May 21 following his conviction by a jury of murder, 2nd, for killing Joseph Benaquist.

Lab results on the white powder are not yet available.

After Doll's attorney, Daniel Killelea, entered Doll's not guilty plea, Judge Robert Balbick set an other hearing date for June 29, giving the county ample time to produce the lab results.

Even though Doll, who appeared in the jail's orange jumpsuit and shackles, is locked up without bail on the murder conviction, Killelea ask for a nominal bail in the case so that Doll might get credit for time served on the contraband charge.

Balbick declined to set bail since Doll showing up for future appearances in the case is not in doubt.

Lee Earl Galton, 31, of East Main Street, Angelica, is charged with criminal mischief and trespass. Galton is accused of allowing a vehicle to be driven onto a farmer's cornfield, then setting up camp on the field and burning a wood campfire while camping overnight on the recently planted field, all without permission of the landowner. The field is in the area of 9666 Route 77, Darien. Also arrested and charged in the alleged incident was Bethanne Marie Brown, 27, of Angelica.

Michael John Johnson, 19, of Sprucewood Road, Cheektowaga, is charged with assault, 3rd. Johnson is accused of using Super Glue on a person who was sleeping. He is accused of trying to glue one of the person's eyes and ears shut. Johnson was jailed on $500 bail.

Joseph M. Miano, 20, of Akron Road, Corfu; Joseph N. Striegel, 19, of Main Road, Pembroke, as well as a two 17-year-olds from Pratt Road, Batavia, are charged with unlawful possession of alcohol by a person under 21. At 2:49 a.m., Tuesday, Deputy Jason Saile was dispatched to the TA Travel Center where a group of people were reportedly causing a disturbance. Striegel was also charged with petit larceny for allegedly stealing a laser pointer.

Sandra Lynn Pearce, 51, of Genesee Street, Corfu, is charged with disorderly conduct. Pearce is accused of interfering with a police investigation of a reported disturbance at an address on Genesee Street.

Robert Gehron McCarthy, 52, of Belvadere Lane, Batavia, is charged with harassment.  McCarthy is accused of getting into a fight with another person while at the dog show in Alexander Fireman's Recreation Hall.

Johanna Marie McCarthy, 60, of Belvadere Lane, Batavia, is charged with harassment. McCarthy is accused of getting into a fight with another person while at the dog show in Alexander Fireman's Recreation Hall.

James Ross Sweet, 49, of Shady Lane, Batavia, is charged with disorderly conduct. Sweet was taken into custody at 2:59 a.m., Monday, after the Sheriff's Office was called to the Country Meadows Trailer Park on three separate occasions within an hour's span. Sweet was reportedly playing his music too loud, honking a car horn more than 10 times and using profane language. Sweet was jailed on $250 bail.

A 17-year-old from Depew is accused by Batavia City Police of providing a false identification to a police officer on May 19, even after being warned that it was a crime to provide a false identity. Her true identity was later learned by police and she was located on Monday and arrested. She was jailed on $1,000 bail.

Kevin J. O'Connell, 29, of 433 E. Main St., Apt. 8, Batavia, is charged with endangering the welfare of a child and harassment, 2nd. O'Connell was charged following a domestic incident in which he allegedly hit another person and the child was knocked down.

Judson James Adamski, 42, of 142 Pamona Drive, Rochester, is charged with disorderly conduct. Adamski is accused of walking into a Subway restaurant in Pembroke at 9:02 p.m., Monday and yelling profanities.

Michael Cameron Humphrey, 19, of East Bethany Road, Le Roy, is charged with unlawful dealing with a child and criminal nuisance, 2nd. Humphrey is accused of hosting an underage drinking party. The alleged party was discovered while the Sheriff's Office investigated a 9-1-1 hang up call.

Cheryl A. Wittman, 40, of Bergen, is charged with acting in a manner injurious to a child under 17. Wittman was arrested by State Police following an alleged incident reported at 3:16 p.m., Saturday. No further details were released.

Matthew L. Hume, 19, of Silver Creek, and Joshua Fisher, 24, of Warsaw, are charged with unlawful possession of marijuana. Hume and Fisher were cited by State Police at 12:10 p.m., Wednesday, on Route 19 in Le Roy.

Eric J. Chaffee, 28, of Akron, is charged with DWI, driving with a BAC. of .08 or greater with two priors and unsafe turn. Chaffee was stopped at 11:46 a.m., Wednesday, by State Police on Akron Road in Pembroke.

Accidents reported in the State Police blotter:

9 p.m., Friday, Gillate Road, Alexander, one vehicle; Driver 1: Gary R. Ewert, 58, of Corfu. No injuries reported.

10:18 a.m., Thursday, West Main Street Road, Batavia, two vehicles; Driver 1: Michelle L Konieczny, 41, of Batavia; Driver 1: left the scene. No injuries reported.

4:11 p.m., Thursday, Home Depot parking lot, Batavia, two vehicles; Driver 1: Walter C. Purtell, 73, of Retsof; Driver 1: Lawrence P. Steen, 83, of Le Roy. No injuries reported.

Keith J. Lyman, 37, of 47 Clark St., Brockport, is charged with harassment, 2nd. Lyman is accused of contacting a City Court employee by telephone and threatening that person. He was jailed on $5,000 bail.

Keith Joseph Lyman, 37, of 41 High St., Brockport, is charged with harassment, 2nd.  Lyman is accused of kicking a corrections officer while being booked on another charge.

Duffy Starks, 17, of 20 N. Spruce St., Batavia, was arrested for alleged failure to comply with the conditions of his release on a previous harassment and unlawful imprisonment charges. Starks was jailed on $10,000 bail.

Nicole M. Dellapenna, 23, of 6120 Byron-Elba Road, Byron, is charged with disorderly conduct. Dellapenna is accused of repeatedly yelling obscenities outside Billy Goat's bar on West Main Street. She was arrested at 12:48 a.m., Sunday.

LaToya D. Jackson, 24, of 4036 W. Main St., Batavia, is charged with disorderly conduct. Jackson is accused of yelling obscenities while on State Street. She was arrested at 9:50 p.m., Friday.

Kelly A. Sparks, 27, of 235 Orland Road, Rochester, is charged with DWI and refusal to take breath test. Sparks was stopped at 2:45 a.m., Monday, by Le Roy PD Officer Robert Tygart for alleged failure to give half of the roadway and alleged failure to stop for a stop sign.

Michael J. Tobias, 19, of 131 State St., Batavia, is charged with petit larceny. Tobias is accused of shoplifting at Tops Market.

Markeda D. Starks, 19, of 5 Wood St., Batavia, is charged with criminal contempt. Starks is accused of approaching a person whom she was ordered to stay away from.

Jonathan Chad Sisk, 37, of Chili-Riga Center Road, Churchville, is accused of petit larceny. Sisk is accused of taking a BB gun from Walmart without paying for it.

A 16-year-old Batavia boy is charged with trespass. The youth is accused of entering a building on West Main Road, Town of Batavia, without permission of the owner.

Jose Juan Santiago Burgos, 21, of Telephone Road, Le Roy, is charged with criminal mischief. Santiago Burgos is accused of breaking the window of a tractor on Bethany Center Road.

Carly A. Herzog, 29, of 25 Morven Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater and having a suspended registration. Herzog was stopped at 3:14 a.m., Saturday, on Church Street in Le Roy by Sgt. Michael J. Hare.

Scot Geoffrey Judd, 27, of Caroline Street, Albion, is charged with unlawful possession of marijuana. Judd was stopped for an alleged traffic violation by Sgt. Brian Frieday on West Main Street Road in Batavia.

Lee J. Zawicki, 22, of Batavia, is charged with unlawful possession of marijuana. Zawicki was cited by State Police at 1:05 a.m., Thursday, in Pembroke.

An apparent fight broke out in UMMC's emergency room Thursday evening, and two men were jailed as a result on $7,500 bail each.

The incident started around 7:35 p.m. while a Batavia Police officer and a State Police officer where at the ER on unrelated and separate investigations. The officers observed a commotion in the waiting room and moved to intervene and separate the parties.

One of the men in the waiting room struggled with officers and a woman who was in the ER for treatment of an earlier head injury jumped on the back of the Trooper.

She was Tasered by police.

Another man apparently involved in the altercation is accused of threatening to kill hospital staff.

Backup was called in from Batavia Police and State Police to help get the situation under control.

Charged with disorderly conduct and menacing, 3rd, was Ryan M. Norton, 35, of 45 Summit St., Le Roy. Norton is accused of threatening hospital staff.

Kyle W. Nash, 22, of 38 Church St., Le Roy, is charged with disorderly conduct and resisting arrest.

Alexandria M. Zarty, 18, of 38 Church St., Le Roy, is charged with obstructing governmental administration.

Norton and Nash were jailed. Zarty was released on her own recognizance so she could receive treatment in ER for her earlier head injury.

Batavia Polcie are looking for a man allegedly involved in an altercation on Wood Street around 5:30 p.m.

The man allegedly stuck another person in the face with an unknown object.

According to Det. Kevin Czora, the suspect and the victim were involved in a verbal argument. The assailant went to his car, grabbed some sort of object, came back and struck the victim in the face.

The victim suffered facial cuts and was transported by ambulance to UMMC.

The suspect is described as a black male in his late 20s. He fled the scene in a red Chevy Monte Carlo. The Monte Carlo may already have had a busted passenger window.

It's unknown, Czora said, whether the suspect was also injured.

A former corrections officer admitted in Genesee County Court this afternoon that he filed false workers compensation claims and stole thousands of dollars from the state.

James S. Gibbs, 34, faced a 24-count indictment, but reached a plea agreement to admit to one count of grand larceny and one count of filing false instruments.

As part of the plea, Gibbs will be required to pay back to the state $40,000, with a $20,000 payment due before he is sentenced. 

The maximum sentence under the plea agreement is four months of intermittent incarceration and five years probation and a $5,000 fine.

Gibbs was also required to resign from New York State Corrections.

Gibbs was arrested in October for receiving disability benefits while operating a company plowing snow and sealing driveways.

One of the three suspects in an alleged meth lab operation uncovered in November died May 17.

At the time of this death, charges were still pending against Kenneth Mosholder, 45, as well as the other two defendants in the case, Dustin R. Benham, 20, of Darien and a 41-year-old woman from Batavia.

Mosholder's obituary was published on The Batavian by Burdett & Sanford Funeral Home yesterday. We confirmed today with the Sheriff's Office and the U.S. Attorney's Office in Buffalo that the obituary was for the same Mosholder charged in the case.

A spokeswoman for the U.S. Attorney's Office said only that, "the case is proceeding."

Mosholder, according to the obituary, suffered a heart attack.

Local law enforcement as well as the DEA announced a raid on a property in Alabama on Nov. 12. It was one of five suspected meth labs uncovered in the county over a couple of months late in 2009. The property was auctioned off in March for back taxes.

Grace Anne Stewart, 50, of Pratt Road, Batavia, is charged with grand larceny, 4th. Stewart is accused of stealing more than $2,000 in cash over a seven-month period while working at Home Depot.

James Matthew Rodriguez, 30, of Spring Road, Brockport is charged with aggravated unlicensed operation. Rodriguez was stopped by Town of Ogden Police and turned over to the Genesee County Sheriff's Office on a warrant.

Michael John Coffta, 18, of Burns Road, Medina, is charged with unlawful possession of marijuana and unlawful possession of alcohol by a person under 21. During a school-requested K-9 sniff search of school grounds at Oakfield-Alabama High School, the K-9 reportedly alerted on Coffta's vehicle.

Micheal J. Hodgins, 50, of Batavia, is charged with DWI and aggravated DWI with no prior offense. Hodgins was arrested by State Police at 11:40 p.m., Tuesday, on Pearl Street in Batavia.

"Scruffy" just did what his breed is wont to do when a person in his care is assaulted -- he attacked the aggressor.

An East Main Street woman was sent to UMMC around 8:30 p.m., Tuesday, after she allegedly went onto a neighbor's property and started fighting with a woman who was staying there.

Her leg was reportedly bitten pretty badly.

The woman whom "Scruffy" was reportedly protecting also suffered a dog bite, probably accidentally, when she tried pulling "Scruffy" off the other woman. She was also transported to UMMC.

When the incident started, "Scruffy" was quietly sitting on his own porch at 516 E. Main St., doing what he normally does -- just watching -- when the fight started. He jumped off the porch and attacked the woman who had allegedly come onto his property.

"Scruffy," if that's his real name, Sgt. John Peck wasn't 100 percent sure, is part pit bull.

Neither "Scruffy" nor his owner face any chargers since "Scruffy" did not leave his owner's property and didn't break any laws.

Peck said neighbors were familiar with the dog and described him as normally very friendly. The dog has no prior history of attacks or aggression. Peck said "Scruffy" was friendly with him when he approached.

Whether either of the women will be charged with any crime is unknown, Sgt. Peck said. The case is still open.

Peck said the women had been taunting each other recently, which seemed to precipate the alleged altercation last night.

The police are not releasing any names until and unless actual charges are filed.

(This is a follow up to this initial report.)

After leading Sheriff's deputies on a two-hour wild goose chase, a 19-year-old man who said he had been living in Elba is in federal custody for allegedly re-entering the country illegally.

Fredy Perez Cortes was found shortly after 12:15 p.m. wandering barefoot at the intersection of Slusser and Galloway roads in Oakfield.

A local resident had given him water, but then called the Sheriff's Office. When Deputy Brian Thompson arrived, Cortes allegedly fled into a nearby farm field and Thompson used his K-9 to chase him and corner him.

Cortes reportedly told Thompson that he and a friend had been in the area looking for work when their truck broke down. He said his friend was somewhere in the area looking for a car to steal.

More deputies responded to the area and began a search for a white pickup truck and a Mexcan male wearing sandles, a dark shirt and light blue pants.

When Cortes was searched following his apprehension, Thompson found a car key in his jeans' pocket.

After it was apparent there wasn't much about Cortes story that was checking out, Thompson remembered that earlier today a 1997 Pontiac Grand Am had been found in the West Batavia area near Donahue Road. It apparently had been involved in a property damage accident and had been towed to Parise's Automotive. Thompson took the key to the car and it fit.

Allegedly, Cortes had been driving the car, possibly after drinking, and then fled the scene of the accident. He then became lost in the Town of Oakfield and stopped at a farmhouse asking for water.

Thompson said he does not believe Cortes actually broke into any residences and that there never was a second subject involved in the incident.

No New York charges are pending.

"It is much more expedient to allow the ICE officers to handle the situation," Thompson said.

Cortes was turned over to Immigration and Customs Enforcement Deportation Officer 
K. Hobart. He will be charged with illegal re-entry after deportation, a federal felony.

(initial report)

A youth who was wanted by local law enforcement, and allegedly led Batavia Police, State Police and Sheriff's deputies on a manhunt in the city two months ago, was sentenced to prison time for a violation of probation.

Christopher Laird, 17, originally from Elba, but has also lived in Le Roy and Batavia, failed to report for probation meetings in early 2010.

Police eventually caught up with Lair in Le Roy on April 4, two days after the manhunt, which involved a State Police helicopter.

Laird's probation was revoked. He will spend one to three years in state prison.

Sheriff's deputies are in the area of Slusser and MacCumber roads, Oakfield, where one subject is in custody and deputies are looking for a second person who may be in the area with the intent to steal a car.

A deputy originally spotted a person walking on Slusser Road, and when the deputy attempted to make contact with that individual, he ran into a field.

The deputy chased him down and after being taken into custody, the individual apparently told the deputy he and a friend had a car break down so they were in the area looking for a car to steal.

The subject still at large is described as a Mexican male. His friend said he will try to run if he sees law enforcement.

UPDATE 12:46 p.m.: The search continues. The individual taken into custody has apparently been evasive in his answers at times, but he apparently said that he and his buddy -- they live in the Oak Orchard area of Elba -- have been out of work for three months and were out looking for work when their truck broke down.

UPDATE 1:56 p.m: The search seems to have moved to an area of Oak Orchard Road where the second subject is believed to reside. At the scene of the original call, Deputy Brian Thompson said the call started when area residents reported a Mexican male, not wearing any shoes, walking house-to-house. A woman at one house gave the man some water and called the Sheriff's Office. That's where Deputy Thompson first saw the man, who started to run. Deputy Thompson deployed his K-9, who quickly helped detain the man. 

Deputy Thompson said the common method for daytime house burglars is to not wear shoes, minimizing footprints. He said he thinks the jobless men were out looking for food.

Immigration Control and Enforcement officers were on scene. But the subject detained is not believed to be in the country legally.

Thompson said in his 19 years with the Sheriff's Office, he hasn't known too many migrant workers to get involved in petty crimes, but with the crack down on farmers hiring undocumented workers, it's getting harder for those without papers to find work.

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Jesse Adam Dispenza, 24, of Union Street, Scottsville, is charged with trespass. Dispenza is accused of trespassing on the Dolomite property in the Town of Le Roy at 6:20 p.m., Saturday.

Marissa Christine Zeiner, 19, of Sunset Circle Lane, Brockport, is charged with trespass. Zeiner is accused of trespassing on the Dolomite property in the Town of Le Roy at 6:20 p.m., Saturday.

A 17-year-old resident of Maple Avenue in Le Roy is charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana during a traffic stop by Deputy Matt Butler at 5:03 p.m., Saturday.

Ami Kadar, 64, of Albion, is charged with harassment, 2nd. Kadar was arrested this week by State Police on Maple Avenue, Elba, in connection with an alleged incident at 12:01 p.m., March 30. No further details are available.

Jorge L. Portugal-Pineda, 22, of Elba, is charged with DWI, driving with a BAC of .08 or greater, unsafe tires and consuming alcohol in a motor vehicle. Portugal-Pineda was arrested by State Police on Transit Road at 3:15 p.m., Monday.

Ethan R. Kitanik, 19, of Oakfield, is charged with unlawful possession of marijuana, and ticketed for no headlights. Kitanik was stopped by State Police on Oak Street in Oakfield at 10:55 p.m., Sunday.

A juror in the Scott Doll murder trial contacted The Batavian today and after confirming the juror's identity, we agreed to anonymously publish this account of the juror's experience.

I just have a couple things to say about the Scott Doll trial. I was a  juror who sat in the front row. I would not like to give my name or my number as I am not trying to cause any problems with this statement, just  want to clear some things up, that have been on my mind since last Thursday.

I wanted to start off by saying that none of us in the jury chose to be in that box for the three weeks, we were chosen by both sides of the case as they felt we were the most impartial and non-biased individuals out of the pool they had to choose from. That being said, I would like to also tell everyone that none of us had preconceived notions as to the guilt or innocence of Mr. Doll. And for those of you who have comments such as "shame  on the Jury," you were not in that deliberation room discussing the facts/evidence so you have no idea what we went through.

No one but the 12 of us that were locked in that room for 12 hours knows what we discussed, and let me tell you there was quite a lot of discussion taking place. I do not like the fact that almost instantly people comment that we locked up an innocent man, that there is a "real" murderer on the streets. To you all, we all examined the evidence, and listened to all the testimonies. We all listened to the opinions and concerns that each of us had, and NO ONE was forced into making a guilty verdict when we took our  final vote.

We DID NOT rush things to get it over with. Anyone who had reservations on coming up with a verdict was allowed to voice their opinions. It all comes back to the evidence. Mr. Cambria told us to use our "common sense" when it came to deliberating on a verdict. We all felt that the evidence all pointed back to Mr. Doll, and to us that was "Common Sense" as that is what the evidence showed us. If there had been other evidence showing otherwise we would have considered it.

For the record, it's not the easiest thing to give a guilty verdict either. Knowing someone's life was in our hands weighed on our hearts and minds those final minutes of the trial. And it is definitely not easy to hear the cries and look at the faces of the family either, even when you know that the right thing was done according to the evidence that was presented to us. I'm sorry if that upsets some of you reading this, but trust me I have not nor will I ever forget this event. I have certainly not moved on with my life and left it behind. And I hope to never have to do something like this again.

My thoughts and prayers are with both the Doll family as well as the Benaquist family. I know that both families are now missing a member, and things will never be the same, and that is something that I will think about daily, for the rest of my life. If anyone thinks otherwise they are greatly mistaken.

Sixty-two drivers in Batavia received traffic citations in May as part of a joint Batavia PD and State Police effort to crack down on mobile phone use and seat belt violators.

The Batavia Police received a grant earlier to help fund increased enforcement of these laws as part of a statewide effort.

In May, checkpoints were set up on Law, Clinton and Oak streets.

The State Police cooperated in the last location, setting up its Commercial Vehicle Enforcement Unit. Nine tickets were issued to truck drivers at the checkpoint near the Thruway entrance.

The city will conduct future enforcement actions as part of the grant it received from the governor's Traffic Safety Committee.

CORRECTION: Lt. Henning informed me that I got my enforcement grants mixed up. The grant for this particular set of checkpoints was for police to look for vehicle violations. You drive through a check point and the police check your registration and inspection, etc.  There is another grant, also still active in the city, for seat belt and mobile phone violations.  The May results of that enforcement effort have not been released yet.

A truck driver who was reportedly looking at porn on a laptop computer prior to slamming his truck into a disabled car on the Thruway in Pembroke pled guilty today to manslaughter.

The Dec. 12 accident took the life of a mother from Snyder, 33-year-old Julie Stratton.

Thomas M. Wallace, 45, of Brook Park, Ohio, could face up to 15 years in prison.

More from the Buffalo News, including video.

A fight-in-progress has been reported at a residence near Pontillo's.

A dog was reportedly being used to attack a victim.

Police are on scene and have requested Mercy EMS for a person with cuts to the leg.

UPDATE 8:40 p.m.: A second ambulance has been requested to 516 E. Main St., where Mercy EMS reports a second victim needing transport to a hospital.

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Sheriff Gary Maha calls a pending Assembly bill which would require cops to shoot a suspect only to wound him -- presumably aiming for an arm or a leg -- "ridiculous."

The so-called "minimum force" bill says, "(a peace officer or police officer) uses such force with the intent to stop, rather than kill, the person who he or she reasonably believes is using unlawful force, and uses only the minimal amount of force necessary to effect such stop."

No shooting course teaches law enforcement officers to aim at limbs, Maha noted.

The first job of a cop in a dangerous situation is to protect himself and the people he's sworn to serve, Maha said.

"Deadly physical force, under the (current) law, can only be used as a last resort, under extreme circumstances," Maha told WBTA. "You're going to put more pressure on the officer if he has to shoot to wound. You're putting that officer in jeopardy."

Under provisions of the bill, any officer accused of shooting to kill another person in the line of duty would be charged with manslaughter.

The bill is sponsored by Annette Robinson (D-Bedford Stuyvesant) and Darryl Towns (D-East New York).

While the "minimum force" bill hasn't died, it is languishing in committee and is still drawing reaction from New York's law enforcement community.

A New York detective told the New York Post that the bill would create a situation where cops are expected to shoot the gun out of the hands of suspect, while the criminal would still be firing with the intent to kill. It's been called the "John Wayne" bill because it requires a level of accuracy only seen in Hollywood Westerns.

"These are split-second, spontaneous events -- and officers have to make a full assessment in a fraction of a second," said an angry Michael Paladino, president of the Detectives Endowment Association.

The bill was drafted in response to the shooting death of Sean Bell, a man who was killed by police following a fight at a strip club where he was celebrating his bachelor party. An undercover officer reportedly heard Bell say at some point that he had a gun. In the melee that followed, Bell reportedly slammed his Nissan into a police vehicle.

Photo: File photo of Sheriff Gary Maha.

A Florida man who was working as a driver on a Kid Rock tour bus last year when stopped by deputies on Route 77 in Pembroke admitted to a misdemeanor charge of DWI today.

Joseph S. Devlin, 38, of St. Augustine, Fla., was facing a felony DWI charge, but the felony was dismissed by Judge Robert C. Noonan because there was no "competent proof" as to the weight of the 2003 Prevost Tour Bus that Devlin was driving.

Under terms of the plea, Devlin will be given probation if his local probation department agrees to supervise the case.

If Florida probation refuses to accept supervision of Devlin, his plea will be withdrawn.

Under questioning from Noonan, Devlin admitted to driving the tour bus on July 15, 2009, and that he consumed alcohol prior to getting behind the wheel, and that his ability to operate the bus was impaired to a "substantial degree."

Sentencing is set for Sept. 1.