crime

BATAVIA, NY -- Joseph Benaquist's dying words, according to Scott Doll's attorney, were, "The boy. The boy."

Doll is accused of murdering Benaquist -- beating him to death and leaving his body in a pool of blood in his own driveway in Pembroke on Feb. 16, 2009.

But Paul Cambria, Doll's attorney, said this morning in opening arguments of Doll's murder trial that it wasn't Doll who killed Benaquist.

But if not Doll, then, who? 

Cambria said it crossed the mind of Scott Doll within minutes of hearing Benaquist utter, "The Boy. The Boy" just before he died in Doll's arms, that it was his own son, Joshua Doll.

Joshua Doll was the one who was supposed to meet Benaquist earlier that night and drive with him to the car auction in Adesa, and Joshua Doll who regularly dealt with Benaquist on auto transactions.

Scott Doll only went to Benaquist's home after the former corrections officer failed to show for an appointment at the Adesa auction. He arrived while his longtime business partner and friend was struggling for his life, Cambria said.

There was blood everywhere -- on the ground and splattered and smeared on nearby cars, and Doll was shocked at what he found and what he heard, Cambria said.

"Mr. Benaquist weighed 220 pounds," Cambria said. "The evidence will show he struggled and fought for his life. Yet, there's not one injury on my client, because he did not have a fight with Mr. Benaquist."

Equally adamant on the other side that Scott Doll is the murderer is District Attorney Lawrence Friedman.

"When this trial is over," Friedman said, "when you connect the dots you will find beyond a reasonable doubt that this defendant is responsible for the murder of Joseph Benaquist and is guilty as charged of murder in the second degree."

Friedman opened his statement by outlining the facts of the case -- that Benaquist was found dead in a pool of his own blood, the victim of multiple blows to the head, outside his Pembroke home on a cold Monday night. That Doll was found returning to the scene with his clothes and face covered in the victim's blood, and that the van Doll was driving had blood on the outside and the interior.

Friedman also said that during the course of the trial he will present evidence related to auto transactions that went wrong and that Doll was having increasing financial trouble.

While the prosecution is not required to provide proof of a motive for the murder of Benaquist, Friedman said the evidence will show that Doll and Benaquist were in conflict over some auto deals.

Doll and Benaquist cooperated in a used car business that was licensed to Doll. Benaquist also apparently used Doll's registration at the Adesa auto auction house to purchase vehicles for his own use.

Besides suggesting that Josh Doll may have killed Benaquist, Cambria also noted that despite extensive efforts by local law enforcement to find a murder weapon, none was ever located.

He suggested that if juror's apply common sense, they will conclude that Doll had no opportunity to dispose of the murder weapon.

He also said that any statements Doll made where intended to just buy him time, while he tried to figure out where his son was and whether he was involved. Doll's repeated requests to consult with an attorney were "ignored," according to Cambria, and also intended to buy time to find out if his son was involved.

He called the Sheriff's Office arrest of Doll a "rush to judgment."

The first witness called was James Waff, a second assistant chief in the Pembroke Fire Department. Waff first called emergency dispatch after spotting a suspicious person at the gas station on the corner of Main Road and Lake Road in Pembroke. Waff was returning from the Fire Hall at the time.

He described seeing Doll in a winter camouflage jumpsuit with his face covered with a firefighter's hood -- Doll was also a volunteer firefighter -- and then going to a friend's house nearby to see if he had also seen the person at the gas station.

When they returned, Doll was walking on Lake Road and they observed him until deputies arrived to question him.

The Batavian will have additional coverage of today's proceedings late in the afternoon.

While the crime rate in New York went down from 2000 to 2009, both for violent and for property crime, in Genesee County, the crime data is more of a mixed bag.

In Genesee County, from 2000 to 2009, the crime rate dropped 8.4 percent, with 1,634 crimes reported in 2000 and 1,496 reported in 2009.

But violent crime increased during the same period, going from 85 violent crimes in 2000 to 92 in 2009, an 8.2-percent increase. All of the increase is in the category of rape, which jumped from 9 reported rapes in 2000 to 17 in 2009.

Property crimes dropped from 1,549 reported crimes in 2000 to 1,404 in 2009, a 9.4-percent decrease. Motor vehicle thefts saw the biggest drop, going from 51 to 37, a 27.5-percent drop.

From 2008 to 2009, crime in Genesee County increased 3.7 percent, with total reported crimes increasing from 1,443 to 1,496. 

Violent crime, year-over-year, however, was down 18.6 percent, with 92 reported crimes in 2009 compared to 113 in 2008.

Property crime in Genesee County rose 5.6 percent last year, over the 1,330 crimes reported in 2008.

Statewide, from 2000 to 2009, violent crime dropped 30 percent and property crime fell 24 percent.

When a man and a woman entered a restroom together at a West Main Street Restaurant about 9:30 p.m., Thursday, it made employees suspicious, so they asked the couple to leave.

They refused.

Batavia Police were called.

When police arrived, they found the couple locked in a stall together.

After being taken out the stall, they were interviewed by police and found in alleged possession of hypodermic instruments and drugs.

Arrested where Jason R. Anderson, 28, 6742 Oak Orchard Road, Elba, and Sophie A. Jeschke, 20, of 10203 Goodman Road, Alexander.

Anderson was charged with trespass, possession of a hypodermic instrument, two counts of criminal possession of a controlled substance and possession of a controlled substance not in its original container.

Jeschke was charged with trespass, possession of a hypodermic instrument and criminal possession of a controlled instrument.

They were jailed on $1,000 bail each.

A Livingston County man who thought he met a 15-year-old boy in an online chat room and agreed to meet him in Batavia for sexual activity was convicted in a Federal Court today of online enticement of a minor, receipt of child porn and possession of child porn.

Dalton Wilke, 45, of Conesus, was arrested in Batavia in August, 2008 based in a large part on the work of Police Det. Todd Crossett. Crossett had posed as the 15-year-old boy in the online chat room.

Crossett said today that he was notified that Wilke was convicted of all counts and taken into custody. He will be sentenced at a later date.

Wilke faces a minimum of 10 years in prison, with a life sentence possible. Each count is also punishable by a fine of up to $250,000 each.

Assistant U.S. Attorneys Craig R. Gestring and Marisa J. Miller who tried the case, stated that the defendant engaged in a series of sexually explicit online chats with a person he believed to be a 15 year old boy.

Over a period of 5 months, Wilke repeatedly attempted to induce, persuade, and entice the child to meet for sex. A meeting was finally arranged in August of 2008 at a park in Batavia.

When Wilke arrived at the park he was met not by a 15-year-old boy, but by FBI agents and Batavia Police officers.

Following his arrest, FBI Agents seized the defendant's computers from his home in Consesus.

A forensic analysis of these computers, performed at the Regional Computer Forensic Lab, linked them to the online enticement, and also recovered a 48 minute long video depicting two young boys engaged in sexually explicit conduct.

In addition to finding the defendant guilty on all counts, the jury also determined that the 2004 GMC Sierra pickup truck which the defendant drove to the meeting location was subject to forfeiture.

Sentencing is scheduled for August 6, 2010, in Rochester

A year ago, Crossett was recognized by the National Center for Missing and Exploited Children for his work on the case.

A morning that started off with the hope of  finishing jury selection for the Scott Doll murder trial didn't quite work out that way.

Only one alternate was selected in the morning, with the prospective jury review process to resume at 2 p.m.

Court observers are uncertain whether opening arguments will, in fact, begin today, or more likely now, the trial will begin Thursday.

UPDATE 4:39 p.m.: Jury selection is complete. Opening arguments are scheduled for 9:30 a.m., Thursday.

Tellesa Levon Evans, 19, of Rochester, is charged with petit larceny. Evans is accused of stealing candy from the Arrow Mart store on Clinton Street. He was located by deputies a short distance from the store, walking back toward College Village.

Corina M. Gallo, 19, of Batavia, is charged with possession of a controlled substance for sale and criminal possession of a controlled substance. Gallo was arrested by State Police at 10:25 p.m., Monday. No further information was released.

Accidents from the State Police blotter:

5:40 p.m., May 3, Exit 47, Thruway, Town of Batavia, one vehicle: Driver 1: Wade M. Blood, 53, of Lockport. No injuries reported.

BATAVIA, NY -- With the primary panel of 12 jurors and only the alternatives to pick this morning, District Attorney Lawrence Friedman expects opening arguments in the Scott Doll murder trial to be heard as early as this afternoon.

Friedman said there is even a chance the first testimony could begin before the end of the day.

Doll, of Corfu, is accused of killing his business partner, Pembroke resident Joseph Benaquist.

Today, attorneys and Judge Robert Noonan will interview more prospective jurors in search for the right three to six alternates.

Alternate jurors are required to attend the entire trial and pay attention just as if they were one of the 12 jurors in the case. Alternates are necessary in case one of the regular jurors is unable to complete the trial.

Two women are reported fighting inside the McDonald's on Main Street in Le Roy.

Law enforcement is responding.

UPDATE 9:22 p.m.: Le Roy Police on scene with situation under control. The Sheriff's deputies responding told to disregard.

Uncooperative witnesses and a victim who doesn't want to press charges means there will likely be no arrests stemming from a fight at the downtown carnival Saturday night, according to Sgt. John Peck of the Batavia Police Department.

The 19-year-old victim is a GCC student from Utica.

When police arrived on scene at 9:59 p.m., there was a group of 10 or 12 people piled onto the victim, who was having a seizure, Peck said. Some of the people involved in the melee were trying to help the victim, other people where trying to pull them off. The first concern, he said, was to deal with his seizure.

"It was pretty chaotic," Peck said.

The victim, a black male, was taken by ambulance to Strong Memorial Hospital as a precautionary measure, but it turns out he was not seriously injured, Peck said.

"It probably looked worse than it was," he said, describing the injuries as just a couple of bumps and bruises.

All of the suspects are black males, Peck said.

On Saturday night, several witnesses promised to show up at the police station on Sunday to give statements, but none of them showed up.

That night there were also white youths seen running from the carnival down Ellicott Street. Police pursued them, but were unable to apprehend them. One of the youths dropped a knife.

But, Peck said, it appears none of those youths were involved in the carnival fight and police don't know why they fled the scene.

There was a report of a second fight by the big slide, but when State Police arrived to check out the report, no fight was in progress.

The cause of the fight appears to be something someone said to another guy's girlfriend, Peck said.

In all, five Batavia patrol units, two Sheriff's units and two State Police units responded to the reported fights.

One of the four men accused of breaking into a State Street residence last September while the elderly woman who lived there slept, was back in court today, but not on the alleged burglary charge.

Twenty-five-year-old Quentin L. Gibson faces a new charge of criminal mischief as well as two traffic citations.

While his three co-defendants in the State Street case have either pled guilty or were convicted of the crime, Gibson's case is still wending through the legal system.

While the case proceeds, Gibson has been out of jail under the supervision of Genesee Justice.

But Gibson appeared in City Court today to answer the new charges stemming from an alleged incident May 1 on Wood Street. Justice Robert Balbick adjourned the proceedings for a few minutes while Assistant District Attorney Robert Zickl consulted with Genesee Justice on Gibson's conduct since he's been out of jail.

After getting a report that Gibson has been doing well, and learning that Gibson has paid partial restitution on the alleged property damage that led to the criminal mischief charge, Zickl recommended that Gibson's release under supervision continue. Balbick agreed.

District Attorney Lawrence Friedman was in court for the Scott Doll jury selection and was not available for an update on Gibson's status in the State Street case.

Also in court today facing charges for the alleged May 1 incident on Wood Street was Thomas Culver, also facing a criminal mischief charge.

The Batavia Police department has not yet released information on the two criminal mischief arrests, so no further information on the alleged incident is available.

UPDATE: Gibson and Culver were arrested at 10:35 p.m., Saturday, for allegedly intentionally breaking the door of a friend.

Gibson resides at 27 Richmond Ave., and 31-year-old Culver's address is 13 Wood St.

Reginald Wilson was convicted April 1 of burglary and possession of stolen property following a jury trial. The other defendants in the case, Dillon Brito and Joseph Dash have both pled guilty to charges related to the State Street break-in.

In an unrelated case in City Court today: Summer Ogden, 31, appeared on an endangering the welfare of a child charge. She is in jail on $500 bail. The charge stems from an alleged April 30 incident wherein she broke a temporary, plastic window in a car while her child was in the car.

The child was not injured, according to Zickl. Ogden was arrested in March for allegedly assaulting and biting her boyfriend and also faces a DWI charge. Her case was adjourned until Thursday for review for possible referral to either mental health or drug court.

BATAVIA,  NY -- A day and a half into the jury selection process for the Scott Doll murder trial, and only three jurors have been seated.

District Attorney Lawrence Friedman noted that at the current rate, it would take four days and eight panels of potential jurors just to get to 12 men and women to decide the case. That doesn't include the four- to six-alternate jurors needed for the anticipated three-week trial.

The prosecution has used 12 of its 20 peremptory challenges, and the defense 14 of 20.

While either side can request more peremptory challenges, it will be up to Judge Robert C. Noonan whether to grant such an extension.

Once the peremptory challenges are gone, the prosecution and defense will be left to accept any juror that can't be dismissed for cause.

A prospective juror dismissed for cause is somebody who has a clear conflict of interest and probably can't judge the case impartially. A peremptory challenge is one in which the prosecution or defense deems a particular juror just isn't suitable for the case, for any reason.

"It's a combination of everything, what they know, what you hear -- it's just a gut reaction in the end," Friedman said, adding that "Both sides are being very careful about who goes on this jury."

Doll, a Corfu resident, is accused of murdering Joseph Benaquist of Pembroke in February, 2009. Doll and Benaquist were apparently in business together selling used cars.

Nicholas A. Thurley, 25, of Lake Street, Apt. B, Le Roy, is charged with endangering the welfare of a child. Thurley was arrested after police received a complaint of 7-month-old baby with a heavily bruised buttocks. He is accused of striking the child on his face and buttocks while babysitting for a friend over the weekend. He was jailed on $2,500 bail. Det. John Candidorio and Officer Daryl Robb handled the investigation.

A 17-year-old from Batavia is charged with sexual misconduct. He is accused of engaging in intercourse with a 16-year-old girl from Batavia.

A 17-year-old from Le Roy was arrested on a warrant from the New York Office of Children and Family Services. The youth had been wanted by OCFS since October. He was found in an apartment in the Village of Le Roy.

Farah St. Cloud, 18, of Rochester, is charged with criminal trespass. St. Cloud was apprehended after allegedly trying to flee through a bedroom window at College Village, where she once lived, but had been allegedly banned from the property.

Wyatt Jeremiah Becker, 19, of Darien, is charged with trespass and unlawful possession of marijuana. Becker is accused of entering another person's property after being told not to do so. At the time of his arrest, he was allegedly found in possession of marijuana. He was jailed on $500 bail.

Accidents from the State Police blotter:

2:54 p.m., May 2, Lewiston Road, Town of Batavia, two vehicles; Driver 1: Michael A. Witkop, 18, of Batavia; Driver 2: Ronald J. Beardsley, 51, of Nunda. No injuries reported.

BATAVIA, NY -- Scott Doll's defense attorneys renewed motions today, prior to jury selection in his murder trial, to suppress key evidence and some of the statements he made during the initial investigation into the death of Joseph Benaquist.

Jury selection is expected to take as long as three days, with groups of 40 people being called in today, tomorrow and Wednesday, in the hopes of finding 12 impartial jurors and four to six alternates.

Daniel Killelea, who is assisting defense attorney Paul Cambria, argued this morning that introducing as evidence the disputed ownership of two cars in the case would unfairly prejudice the jury without establishing sufficient value to prove the murder charge.

The cars are a 2006 Chevy Malibu and 2008 Pontiac G6.

There is some question as to how Doll came into possession of the Malibu, which apparently was owned, at least at one time, by Benaquist, and there's also a question about who paid for the G6 and to what purpose.

Benaquist and Doll were apparently partners in a used car business.

District Attorney Lawrence Friedman said he intends to show that Doll forged the title on the Malibu so he could sell it to a financing company in Buffalo.

Killelea's position is that there can't be any proof that Doll didn't obtain title to the Malibu legitimately.

He argued that presenting the status of the Malibu as evidence would unfairly prejudice the jury that he committed an uncharged crime, fraud.

As for the G6, the prosecution contends that Benaquist bought the car for himself -- though using the dealership license for SF Enterprises -- and gave Doll $10,000 as a down payment on the $13,300 car, but that the money never reached the financing company.

According to Killelea, there is insufficient evidence that the transaction wasn't for the company and the implication otherwise would prejudice the jury.

Friedman said the two cars, and the ownership dispute is key to the case.

"We anticipate that it will be established that it was these very cars that led to the murder of Joseph Benaquist," Friedman said.

On his other motion, Killelea said that statements made by Doll the night of the alleged murder cannot be admitted because he had asked for an attorney.

The prosecution contends that under the "emergency doctrine," police can try to obtain relevant information that needs to be known immediately and can continue questioning or taking statements even after a suspect has asked for an attorney.

Killelea cited at least three cases that say Doll was entitled to an attorney. But Assistant D.A. Will Zickl countered that there are cases allowing "emergency doctrine" statements to remain admissible, just as he'd argued the first time around on the same motion.

Judge Robert Noonan said he will reserve a ruling on the motions until just before opening arguments.

A man accused of assaulting and stealing three guns from a Byron resident last week has a chance to make bail despite a lengthy criminal history.

Judge Robert C. Noonan, after saying he would have set bail higher had the prosecution request a higher bail, said Darrell Bruce Reid, 45, of 4 N. Main St., Holley, can get out of jail if he can come up with $50,000 cash or bond.

"I don’t think I’ve ever had anybody in who’s been arrested over 100 times before," Noonan said.

Reid is accused of hitting a Byron resident at 3:30 a.m., April 24, and stealing three long guns. The victim reportedly had only met Reid recently. He was hospitalized with a broken nose and cuts.

According to attorney William Tedford, from the public defenders office, Reid has spent most of his life in Western New York, except for three years in South Dakota. He has a child living in Chili and a mother, who has breast cancer, living in Rochester. Tedford said Reid was the only child living in the region who could help care for his mother.

Tedford asked for $15,000 bail.

District Attorney Kevin Finnell asked for $50,000 after stating that Reid had two prior parole and two prior probation revocations.

Reid is charged with with robbery, 2nd, assault, 2nd, and three counts of grand larceny.

Scott C. Stine, 48, of York, Pa., is charged with DWI, refusal to take a breath test and moving from lane unsafely. Stine is accused driving drunk after being involved in a single-vehicle accident in the area of 8936 Lovers Lane Road, Pembroke, at 2:32 p.m., Saturday. He was jailed on $20,000 bail. Initial Report.

Jonathan D. Chapman, 40, of Le Roy, is charged with disorderly conduct and resisting arrest. Chapman was taken into custody by Village of Le Roy Police following an alleged domestic dispute on Myrtle Street on Friday night. Chapman was jailed on $500 bail.

Brandy L. Osmancikli, 36, of Alabama, is charged with harassment, 2nd. Osmancikli was arrested by State Police at 11:32 p.m., Saturday, on Lewiston Road in Alabama. No further details were released.

A dog has been struck on Colorado Avenue.

The driver did not stop.

No description of the hit-and-run vehicle is available.

A person is on scene awaiting police in order to help identify and notify the owner.

A 35-year-old Batavia man reported being shot and his wallet stolen as he walked down what he thinks was Indian Falls Road about 5:30 p.m., Saturday.

After being shot and robbed, Carlos Torres called a friend for assistance, who drove him to UMMC. He was transferred from UMMC to Strong Memorial Hospital by Mercy Flight, according to the Sheriff's Office.

He was in surgery at the time the Sheriff's Office released information on the incident at 11:23 p.m., Saturday.

Torres told officials, according to the release, that he believes he was walking on Indian Falls Road when a car pulled up behind him and somebody demanded his wallet. He was then shot in the back and his wallet was taken.

After the suspects left, he continued walking to Route 5, where he called a friend for help.

The Sheriff's Office says Torres was shot twice with a small caliber weapon. His injuries are not believed to be life threatening.

Anyone with information is asked to call the Sheriff's Office at 345-3000.

Police have responded to a report of a fight at the carnival in downtown Batavia.

When the first unit he arrived, the officer reported "quite a fight." He immediately called for an ambulance for a person having a seizure.

A subject was reportedly seen fleeing west on Ellicott Street and crossing the street toward Della Penna's. Police are looking for two white males, with one wearing a white T-shirt.

UPDATE 10:04 p.m.: One of the subjects who fled reportedly dropped a knife. A second fight has reportedly broken out. Two State Police units have been called in to back up Batavia Police.

UPDATE 10:11 p.m.: Mercy EMS was requested to check on a male down behind Alberty's. He reportedly has a head laceration. There is also a report of "all suspects are black males." It's unclear if that's related to all fights or just one of the fights.

UPDATE 10:29 p.m.: One patient transported to UMMC. Police units going back in service. 

UPDATE 8 a.m. Sunday: Reader Adam Lowder submitted the photo above. His description of events follows after the jump:

Adam Lowder's description of events:

I was at the carnival when the fight took place, and I have attached a photo of the aftermath.

First off I would like to say that this carnival was just plain disgusting. The majority of the ride attendants I witnessed were interacting with the patrons; using foul language, leaving their stations for minutes at a time, and one was even smoking a swisher sweet style cigar that he passed to a young patron to hold onto and smoke for a few minutes.

There were groups of unsupervised middle-school aged kids all over.

We were getting ready to leave around ten o'clock when I saw the ride attendant from the “vehicles that go in a circle” kids' ride (black male 20's red hat with goatee) wrap his arms around a black male, belly to belly, and slowly but forcefully push him across the grounds. The attendant was making statements along the lines of, "just leave" and the male being forced back was saying, "did you hear what he said" repeatedly.

After a minute of this and after a few other people involved yelled towards the two men, the ride attendant in red let go of the male who took off towards Jackson St. Seconds later a group of people (prominently if not all black males) took off running in the same direction.

Ten to fifteen seconds later a few more males ran passed me in the same direction. That is when I saw a crowd of observers gathering on Jackson St. and people screaming and yelling.

As I approached the area, I could see a large group of people involved in physical actions (some jumping around, some swinging their arms, some taking pictures with their phones) in the middle of the street.

An officer in a SUV pulled up with his lights flashing and the group quickly scattered. A few more police cruisers quickly arrived on the seen. I did not see the police apprehend any of those involved, or really even attempt to do so. They all came to the man that was left lying in the middle of the street.

A few minutes later, two of the cruisers rushed over towards Rt. 63, and one stopped next to the Salvation Army.

One thing that I am certain of is that some of the ride attendants were involved in this. The one that I mentioned earlier who was smoking the cigar was in the group that ran past me. He was a black male wearing a Kobe Bryant Lakers jersey, and he was running the “Rio Grande Train” kids’ ride.

I stopped to snap this photo as I walked back to my car parked across from O’Lacy’s Bar.

At this point, the injured male was still lying in the road, paramedics had arrived, there was a crowd of people watching, and a couple of officers were standing near the victim watching.

A Batavia man with at least five arrests for various alleged crimes in the past two years now faces a burglary, 2nd, charge for allegedly participating in a home-invasion burglary March 18.

Brandon C. Dodd, 23, who police say does not now list a permanent address, is accused of forcing his way into the home on Vine Street, wearing a bandanna to cover his face, with an accomplice.

Police at the time said the residents of the home fought back, and investigators did not believe the home was selected at random.

Dodd was arraigned and jailed today on $25,000 bail.

His alleged accomplice, Robert D. Wright, 18, of 149 Ross St., was arrested March 26 and charged with burglary, 2nd. At the time of his arrest, he was jailed without bail. His current status is not immediately available.

Dodd's previously reported arrests:

• Aug. 27, 2008: Alleged DWI.
• Feb. 10, 2008: Alleged promoting prison contraband.
• Dec. 23, 2009: Accused of stealing video games from a roommate.
• April 19, 2010: Accused of going to a woman's house and threatening her.
• March 5, 2010: Accused of hitting another man on the side of his head.