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Law and Order: Two Batavia residents arrested, one accused of DWI, the other of possessing drugs

By Billie Owens

Lyndsey Jean Wilcox, 36, of Washington Avenue, Batavia, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; unlicensed operator; failure to keep right; and moving from lane unsafely. Wilcox was arrested at 3:03 a.m. July 17 after a motor-vehicle accident on Clinton Street Road in Bergen. The defendant was released with appearance tickets for Sept. 2 in Bergen Town Court. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Ryan Young.

Athena M. Hanley, 33, Pratt Road, Batavia, is charged with criminal possession of a controlled substance in the seventh degree. On July 16 at 4:45 p.m. on Main Road in the Town of Pembroke, Hanley was arrested after the investigation of a motor-vehicle accident. She was issued an appearance ticket and is due in Town of Pembroke Court on Aug. 12. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Andrew Hale.

Law and Order: Ellicott Street man accused of destroying cell phone and fighting with a minor

By Billie Owens

Danny D. Williams, 31, of Ellicott Street, Batavia, is charged with fourth-degree criminal mischief and endangering the welfare of a child. Williams was arrested after a domestic incident on Ellicott Street at 1:30 p.m. on July 6. It is alleged he destroyed a cell phone and was in a physical altercation with a minor. He was arraigned in Batavia City Court and is due back there on Aug. 27. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Marc Lawrence.

Donald J. McClary, 25, of Indiana Street, Rochester, is charged with: driving while intoxicated -- with a prior conviction; failure to stop from a driveway; unsafe turn; moving from lane unsafely; and unregistered motor vehicle. At about 1 p.m. on July 14, Batavia Police Officer Arick Perkins responded to 573 E. Main St. in Batavia for a report of a male slumped over the wheel in the McDonald's parking lot. After a subsequent traffic stop and investigation, McClary was released with traffic tickets and is due in Batavia City Court on Sept. 16. Perkins was assisted by Officer Joshua Girvin.

Shawn P. Thomas, 37, of Pine Ridge Road, Cheektowaga, is charged with criminal possession of a controlled substance in the seventh degree. Thomas was arrested on July 9, after he was allegedly found in possession of methamphetamine during a traffic stop on East Main Street in Batavia on May 7. He was issued an appearance ticket and is due in Batavia City Court on Oct. 6. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Kevin DeFelice.

Law and Order: Duo accused of robbing a victim on Hutchins Street

By Billie Owens

Jennifer J. Hogan (inset photo left), 29, of Buell Street, Batavia, is charged with second-degree robbery. She was arrested and arraigned in Batavia City Court at 9:30 a.m. on July 7. This was due to an arrest warrant stemming from an incident that occurred at 6:20 p.m. on Oct. 2 on Hutchins Street in Batavia. She also had two additional bench warrants out of city court. She was arrainged then jailed on $15,000 cash, $40,000 bond, or $60,000 partially secured bond.
 She is due to return to court on July 18. Hogan is accused of removing money from a victim's pocket after her co-defendant, 54-year-old David Vega (inset photo right), of Rochester, had allegedly prevented the victim from leaving the residence by grabbing the victim's hand, which was injured in the incident. Vega is charged with second-degree robbery and after arraignment in city court, was jailed on $25,000 cash, $50,000 bond, or $100,000 partially secured bond. No information provided about Vega's court date. No weapons were displayed. The cases were investigated by Batavia City Police Officer Arick Perkins.

Matthew I. Diers, 36, of West Main Street, Batavia, is a convicted Level 2 sex offender charged with sex offender failure to report a change of internet identifiers within 10 days as required on the NYS Sex Offender Registry. He was previously been convicted of failing to notify authorities of a change of status within 10 days, thereby elevating this charge to a Class D felony. He is in jail without bail. The case was handled by Batavia City Police Officer Jason Ivison.

Laytefa A. Franklin, 31, Castle Place, Buffalo, is charged with endangering the welfare of an incompetent person and criminal obstruction of breathing. Franklin was arrested on July 2 and arraigned in Batavia City Court. It is alleged that at 9:15 a.m. on Jan. 4 on Bank Street in Batavia that Franklin intentionally obstructed the breathing of an incompetant person by intentionally blocking the victim's nose and mouth. Franklin was released under supervision of Genesee Justice. She is due back in court on Aug. 27. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Daniel W. Mosholder, 28, no permanent address, is charged with endangering the welfare of a child and second-degree stangulation. Mosholder was arrested after a domestic incident on North Spruce Street in Batavia at 6:45 a.m. June 28. He was arraigned in Batavia City Court and is due there again on Aug. 20. The case was handled by Batavia City Police Officer Adam Tucker, assisted by Officer Austin Hedges.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with second-degree harassment. Cook was arrested after a disturbance on Liberty Street at 8:30 p.m. on June 29 in which she allegedly struck a neighbor. Cook was released on an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Mark Anthony Constable Jr., 31, of Ganson Avenue, Batavia, is charged with: second-degree harassment -- physical contact; criminal mischief -- intentionally damaging property; and grand larceny in the fourth degree -- taking property from a person. Batavia police were dispatched to Ganson Avenue at 10:56 a.m. on June 30 for a physical domestic incident. After arraignment in Batavia City Court, Constable was released on his own recognizance. He is due back in city court on Aug. 20. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Adam Tucker.

Thomas Franklin Hofmeier, 19, of Alleghany Road, Pembroke, is charged with third-degree criminal mischief and fourth-degree criminal mischief. He was arrested on Main Road in Pembroke at 8:32 p.m. on July 11 after he allegedly used a car key to scratch the exterior of the victim's vehicle and broke the rear view mirror in the vehicle. He also allegedly took the victim's cell phone when the victim attempted to call 9-1-1 and threw the phone into a nearby ditch so the victim was unable to call for help. Hofmeier was put in Genesee County Jail and was arraigned July 12 in Genesee County Court. He was released and is due to appear before Judge Charles Zambito on Sept. 1. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Erik Andre.

Thomas J. Wolcott, 36, of Hutchins Street, Batavia, is charged with second-degree criminal contempt. Wolcott was arrested at 12:07 p.m. on July 7 on Main Street after an investigation into a violation of a court order. He was issued an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Stephen Cronmiller.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with second-degree criminal contempt. Cook was arrested after an investigation into a domestic incident at 9:35 p.m. on July 8 on Liberty Street. Cook allegedly violated an order of protection. Cook is due in Batavia City Court on Aug. 11. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Miah Stevens.

Andre Lamar Roberts, 27, of Burrows Street, Rochester, is charged with second-degree criminal contempt. At 12:30 a.m. on July 1, Roberts was found by BYS Troopers walking on Route 98 in the roadway. He was taken to Batavia Police Headquarters and arrested for allegedly violating an order of protection at a location on West Main Street in Batavia. He was arraigned in Batavia City Court and jailed on $4,000 cash bail or $8,000 bond or $15,000 partially secured bond. He is due back in city court on Aug. 13. The case was handled by Batavia Police Officer Arick Perkins.

Robert B. Schultz, 61, of Ross street, Batavia, is charged with: driving while intoxicated -- with a BAC of .08 percent; DWI -- common law; and moving from lane unsafely. Schultz was arrested at 8:48 p.m. July 4 on Harvester Avenue in Batavia after a motor-vehicle accident on Harvester Avenue. He is due in Batavia City Court on Aug. 5. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Willie L. Williams, 33, of Laser Street, Rochester, is charged with: criminal possession of a controlled substance in the third degree; criminal possession of a controlled substance in the fourth degree; and criminally using drug paraphernalia in the second degree. At 11:18 a.m. on June 30, Williams was arrested after an investigation into a traffic stop that occurred earlier in the day on East Main Street, Batavia. After arraignment in Batavia City Court he was jailed without bail and is due back there on Aug. 13. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Stephen Cronmiller.

Police involved in pursuit in Veterans Memorial Drive area

By Howard B. Owens

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Police were in pursuit of a white Chevy Impala or similar vehicle with "SECURITY" on the side.

The car apparently pulled out of the Red Roof Inn with no lights. It fled toward BJ's Wholesale Club and around the building back on to Veterans Memorial Drive. It crashed in the area of Aspen Dental and headed back toward BJ's.

It then headed back toward the Thruway and was driving on Thruway property behind the Hershey's Ice Cream building where it stopped or became stuck.

There are at least three individuals in the vehicle.

UPDATE 2:54 a.m.: Police communication indicates the car was stolen out of Rochester. Mercy EMS responded to the scene for the evaluation of at least two individuals. Troopers at the scene were unable to speak to media and referred questions to the Public Information Officer during business hours. We were able to confirm that chase started when a trooper spotted the vehicle leaving the vicinity of Red Roof Inn without headlights and before the trooper attempted a traffic stop, the vehicle drove off the roadway on Park Road. That section of Park Road had a large amount of gravel on it and tire tracks were visible along the shoulder. Once the trooper tried to initiate a traffic stop, the driver fled. The spot where the car initially went off the road is also the same spot where the car exited Park Road in an apparent attempt to gain access to the Thruway. The sedan became stuck in a ditch next to the Thruway.

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Law and Order: Le Roy woman accused of grand larceny and filing false document with DSS

By Billie Owens

Jillian L. Hupp, 30, North Street, Le Roy, is charged with fourth-degree grand larceny and offering a false instrument for filing at 3 p.m. on Dec. 31. On July 9, after an investigation by the Genesee County Social Service investigator, Hupp was arrested on the charges. She was released with an appearance ticket returnable to Batavia Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando.

Colby Le-Andrew Ellis, 31, of Albion, is charged with second-degree burglary, petit larceny, and first-degree criminal contempt. At 3:03 a.m. on July 8 in Alexander, Ellis was arrested on the charges after allegedly violating a full stay-away order of protection issued by City of Batavia Court. He was put in jail on $10,000 cash bail or $20,000 bond or $40,000 partially secured bond. He is due in Alexander Town Court on Aug. 18. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Nicholas Chamoun.

Roy Alvin Watson Jr., 31, Shepard Road, Batavia, is charged with criminal possession of a controlled substance, and criminal use of drug paraphernalia. Watson was arrested on July 6 on the charges. Prior to that, on June 16, he was arrested on an outstanding warrant out of Orleans County. During the execution of the arrest warrant, Watson was allegedly found in possession of cocaine and drug paraphernalia. He is due in Batavia City Court Aug. 4. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen. 

Kaleb James Bobzien, 22, of Lockport, is charged with second-degree criminal contempt. He allegedly made numerous phone calls to a protected party who lives on West Main Street in Batavia starting on Jan. 28. He was arrested July 6 and issued an appearance ticket to be in City of Batavia Court on July 14. The case was handled by Genesee County Sheriff's Investigator Joseph Loftus.

Chief finds old papers during renovation, including story of notorious fugitive from Batavia

By Howard B. Owens

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While doing renovation work in his home, Batavia PD Chief Shawn Heubusch found under his old flooring layers old newspapers, all from 1927. 

The headlines help tell a story of at least one case that should be of interest to a lawman: The escape, escapades, and eventual capture of Floyd Wilcox.

Wilcox, of Oakfield, escaped from Genesee County Jail, presumably to avoid a possible sentence of life in prison after his fourth felony arrest, this time for grand larceny, under the recently enacted Baumes Law.

According to the articles, Wilcox (aka Floyd Gill), and an associate convinced a farmer to give them gas with a promise to pay once they were fueled up. When the duo drove back by the farm and didn't stop to pay, the farmer pulled out his pistol and started firing at the fleeing vehicle. The farmer jumped in his own truck and gave chase. A short time later, he found the abandoned vehicle with a flat tire from a bullet and spotted the two men running over a hill.

Later, Wilcox was a suspect in a safe-crack job in Hornell and a stealing a vehicle in Rochester. He was eventually apprehended by a Batavia PD officer on a street in the city. A subhead in the Batavia Daily News reads, "Did Not Try Very Hard to Keep Out of Reach of the Authorities."

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Chief Heubusch isn't the only person finding old newspapers in old homes these days. The 1942 edition of the Batavia Daily News was found by our contractor in a wall of our house, which is undergoing renovations following our fire in April.

One of the stories is about an Army officer accused of sedition for distributing "America First" literature. It turns out, the publication of this story by Associated Press was controversial because the Army released the information to a reporter on a stipulation that no newspapers in the nation run it with only a one-column headline. Many editors found this AP requirement an unethical bargain giving the government power to dictate the nature of coverage. You can read about it in this book on Google Books.

Have you seen this stolen bike? A little girl on Manhattan Avenue would like it back

By Billie Owens

A 10-year-old girl who lives on Manhattan Avenue in the City of Batavia is sad because someone stole her new bicycle (pictured above) from her yard last weekend.

It was a gift from her grandparents, who generously bought the family four new bikes to ride this summer -- one for each child -- three girls and a boy.

A family member named Ariel is reaching out to readers of The Batavian for help in finding the bicycle. It was reported as stolen to the City of Batavia Police Department, too.

She says the bike belongs to the oldest granddaughter of her Aunt Lisa.

If you know anything about the bike's whereabouts, please call or text Lisa at (585) 356-6074.

Law and Order: Pair charged with 306 counts each of criminal contempt

By Billie Owens

Jeremy M. Fairbanks, 42, of Main Street, Batavia, is 306 (three hundred and six) counts of second-degree criminal contempt. He was arrested July 2 after a complaint of violations of a City of Batavia Court order, beginning at 4:31 p.m. on March 17. Fairbanks was issued appearance tickets and is due in Batavia City Court at 1 p.m. on Aug. 25. The case was investigated by Genesee County Sheriff's Officer Jonathan Dimmig.

Leah Rose Helen Kelly, 35, of Harvester Avenue, Batavia, is charged with 306 (three hundred and six) counts of second-degree criminal contempt. She was arrested July 5 after a complaint of violations of a Village of Bergen Court order, beginning at 4:31 p.m. on March 17. Kelly was scheduled for arraignment in Genesee County Court this morning (July 6). The case was investigated by Genesee County Sheriff's Officer Jonathan Dimmig.

Richard J. Wendt, 59, of Batavia (no address provided), is charged with criminal obstruction of breathing and second-degree harassment. He was arrested June 26 after Wyoming County Sheriff's Deputy Austin Harding and Sgt. Aaron Chase responded to a domestic incident reported at the Yogi Bear Campground on Youngers Road in the Town of Java. Wendt was transported to Wyoming County Sheriff's Office for processing, then released with tickets to appear in Town of Java Court at a later date.

David James Loiacono, 40, of Buffalo Street, Bergen, was arrested following a domestic incident at 1:02 p.m. on July 5 on Buffalo Street in Bergen. He is charged with obstructing governmental administration in the second degree, and unlawfully fleeing a police officer in a motor vehicle in the third degree. Loiacono was issued appearance tickets for Aug. 19 in Bergen Town Court then released to a third party. The case was handled by Genesee County Sheriff's Officer Jonathan Dimmig, assisted by Deputy James Stack.

Elis Salkic, 22, of Adele Drive, Greece, is charged with: unlawful possession of marijuana; aggravated unlicensed operation of a motor vehicle in the third degree; operating a motor vehicle while using an electronic device; unlicensed operation of a vehicle; and failure to stop at a stop sign. Salkic was arrested at 5:44 p.m. on June 29 after Genesee County Sheriff's deputies stopped his vehicle on Richmond Avenue in the City of Batavia. Salkic was issued an appearance ticket for Aug. 18 in Batavia City Court. The case was handled by Deputy Jacob Gauthier, assisted by Deputy Erik Andre.

Gavin J. Yauchzee, 28, of Le Roy (no address provided), is charged with petit larceny. Wyoming County Sheriff's Deputy Adam Hope responded on June 29 to a report of a larceny at the Walmart in the Town of Warsaw. It is alleged that Walmart's Asset Protection assistant observed him concealing items in his pockets, then exiting the store without paying for them. He was arrested and released with an appearance ticket for Warsaw Town Court, where he is due at a later date.

Law and Order: State Street man accused of burglarizing enclosed patio on Ellicott Avenue

By Billie Owens

Kevin M. Waleski Jr. (inset photo right), 32, of State Street, Batavia, is charged with: second-degree burglary; fourth-degree criminal mischief; attempted criminal mischief; resisting arrest; and obstruction of governmental administration. Waleski was arrested after an incident at 2:35 a.m. on June 26 on Ellicott Avenue, Batavia, in which he was allegedly found inside the enclosed patio of a third party residence without permission. He was arraigned in Batavia City Court via Skype and jailed without bail. He is due to return to city court on Aug. 13. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Alec Roberts, as well as officers Arick Perkins and Josh Girvin.

Andre L. Roberts (inset photo left), 27, of Burrows Street, Rochester, is charged with: second-degree burglary; second-degree harassment -- physical contact; and criminal mischief in the fourth degree -- preventing emergency assistance; and obstruction of governmental administration in the second degree. Roberts was arrested at 9:11 p.m. on June 24 after allegedlyentering a dwelling on Willow Street in Batavia and attempting to prevent a resident from calling 9-1-1. He also allegedly resisted being detained by a police officer who arrived on scene. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. Roberts is due back in city court on Aug. 13. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Cowen Mitchell.

Darius Lamar Jones, 28, of North Spruce Street, Batavia, is charged with: second-degree harassment; third-degree criminal mischief; and criminal obstruction of breathing or blood circulation. Jones was arrested after an investigation into a domestic incident that occurred at 7:15 a.m. May 11 on Summit Street in Batavia. He was arraigned in Batavia City Court and jailed without bail. He is due in city court again on July 23. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Stephen Quider.

Booker T. Ricks, 48, of North Lyon Street, Batavia, is charged with endangering the welfare of a child. Ricks was arrested and charged following an investigation into an incident at 6:45 p.m. on June 25 in which two small children were observed climbing out of a second-story window, and onto the roof of a residence. He was issued an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Christopher Lindsay.

Sarah Patricia Lytle, 37, of State Street, Batavia, is charged with second-degree criminal contempt and criminal purchase or disposal of a weapon. On June 29 Lytle was arrested on the charges. It is alleged that at 3 p.m. on June 17 on Lewiston Road in Batavia that she attempted to buy a firearm while she was the subject of an order of protection, which prohibits her ability to do so. She was issued an appearance ticket for Town of Batavia Court and is due there on July 29. The case was handled by Genesee County Sheriff's Deputy Chad Minuto.

Desmond R. Miller, 25, of East Bayard Street, Seneca Falls, is charged with fourth-degree grand larceny. Miller was arrested after an investigation into a motorcycle that was stolen at 3 p.m. on May 25 on Oak Street in Batavia. Miller was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court on  Aug. 20. The case was handled by Batavia Police Officer Jason Ivison.

Jose A. Rivera, 33, of Swan Street, Batavia, is charged with third-degree criminal mischief. Rivera was arrested at 3:43 p.m. on June 25 after he allegedly slashed the tires on a vehicle on Swan Street. He was processed at Batavia Police Headquarters, arraigned in Batavia City Court, then released. Rivera is due back in city court on Aug. 13. The case was handled by Batavia Police Officer Wesley Rissinger.

A 17-year-old female resident of Batavia was arrested and charged with unlawful possession of fireworks. The arrest was made after police responded at 9:26 p.m. June 28 to State Street for multiple complaints about fireworks. Police allegedly located the teen and found her in possession of, and using, a Roman candle. She was issued an appearance ticket and is due in Batavia City Court on July 29. The case was handled by Batavia Police Officer Mitchell Cowen.

Matthew C. Olcott, 41, of Clinton Street Road, Batavia, is charged with criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, and unlawful possession of marijuana in the second degree, a violation. Jerwan B. McFarley, 34, of Lehigh Avenue, Batavia, is charged with: criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor; and unlawful possession of marijuana in the second degree, a violation. Genesee County Sheriff's Deputy Ryan DeLong conducted a traffic stop of a car that Olcott and McFarley were traveling in on Cedar Street in Batavia during the afternoon of June 29. It is alleged that Olcott was in possession of crack cocaine, drug paraphernalia and was driving with a suspended license. It is alleged that McFarley possessed crack cocaine and marijuana. Both defendants were arrested by members of the county's Local Drug Enforcement Task Force and issued appearance tickets for City of Batavia Court.

Law and Order: North Spruce Street man accused of possessing drugs with intent to sell

By Billie Owens

Darius Lamar Jones (inset photo right), 28, of North Spruce Street, Batavia, is charged with: unlawful possession of marijuana; criminally using drug paraphernalia in the second degree; criminal possession of a controlled substance in the third degree -- a Class B felony; and third-degree criminal trespass. Jones was arrested after a domestic incident at 12:26 p.m. on June 24 on North Spruce Street. Jones allegedly fled on foot and was taken into custody after a short pursuit. While arresting Jones, Batavia police allegedly found a substance suspected to be crack cocaine, fentanyl strips and sales packaging material. Jones was arraigned in Batavis City Court via Skype and jailed without bail. He is due back in city court at a later date (unspecified). The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Raymond B. Howard Sr. (inset photo left),  56, of Curlew Street, Rochester, is a convicted sex offender charged with failure to verify a change in address within 30 days -- first offense; and failure to register a new address within 10 days. Both charges were issued Dec. 23. Howard was arrested on a warrant out of Batavia City Court and arraigned on June 21. He is due to return to city court on July 23. The case was handled by Batavia Police Officer Austin Hedges.

Rachael L. Rodvik, 43, of Barry Street, Sweden, is charged with: falsifying business records in the second degree; falsifying business records; petit larceny; and fourth-degree grand larceny. At 7:56 a.m. on June 23, Rodvik was arrested on a warrant out of Batavia City Court after an investigation by Batavia Police Det. Jason Ivison into a fraud incident that occurred from Dec. 1 through April 30 on Liberty Street in Batavia. She was arraigned in city court, then released on her own recognizance. She is due to return to city court on Aug. 13. Assisting Det. Ivison in the case were Batavia Police Officer Samuel Freeman, assisted by Nicole McGinnis.

Donald Michael Walls, of Willow Street, Rochester, is charged with petit larceny, aggravated unlicensed operation in the second degree and trespass. At 2:04 a.m. on June 28, Genesee County Sheriff's Deputy Jordan Alejandro stated in an incident report: "I observed Walls in the act of stealing multiple pieces of patio furniture from Indian Falls Log Cabin Restaurant." After his arrest, Walls was released on appearance tickets and is due in Town of Pembroke Court on July 29. Jordan was assisted in the case by Deputy Ryan Young.

Luis J. Santiago, 32, of Buell Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 10:30 a.m. June 23 after a domestic incident at an aprtment on Edwards Street in Batavia. It is alleged that he contacted a person protected by an order of protection. After he was processed at Batavia police headquarters, he was released with an appearance ticket to be in Batavia City Court on July 28. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer John Gombos.

Nicole Patricia Lucca, 27, of Linwood Avenue, Buffalo, is charged with: driving while intoxicated -- with a BAC of .08 percent or more; DWI -- first offense; and moving from lane unsafely. After a motor-vehicle accident at 4:18 a.m. May 17 on Knowlesville Road in Alabama, Lucca was arrested on the charges. She is due in Town of Alabama Court on Aug. 26. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kenneth Quackenbush.

A mailbox reportedly blown up in Basom

By Howard B. Owens

A caller in the 1500 block of Ledge Road, Basom, reports that sometime in the middle of the night he heard a loud explosion.

This morning in woke up to find that his mailbox was blown up.

A state trooper is responding.

Law and Order: Batavia man faces multiple charges after wreck on Route 19 in Covington June 24

By Billie Owens

Jason W. Whitehead Jr., 22, of Batavia, and Dakota E. Woodruff, 20, of Olean, were arrested after a motor-vehicle accident on Route 19 in the Town of Covington on June 24 (time not provided). Whitehead was driving a 2003 Suburu Legacy eastbound when he allegedly failed to negotiate a left-hand curve at the intersection of Court Road. According to the Wyoming County Sheriff's Office report by Sgt. Colin Reagan, Whitehead's vehicle left the roadway, sheared off a telephone pole, and took down multiple roadway signs. In addition to Wyoming County deputies, Pavilion Fire Department responded to the scene. The driver was allegedly found to possess cocaine and marijuana; he also had a non-driver ID with an active suspension. After performing poorly on field sobriety tests at the scene, he was arrested for driving while ability impaired by drugs. His passenger, Woodruff, was found to have a felony warrant out of Erie County so she was arrested, transported to Erie County and the Erie County Sheriff's Office took custody of her. Whitehead was taken to the Wyoming County Sheriff's Office and evaluated by a drug recognition expert, who determined Whitehead was impaired by multiple categories of controlled substances. He is charged with: criminal possession of a controlled substance in the seventh degree; criminally using drug paraphernalia in the second degree; unlawful possession of marijuana in the second degree; driving while ability impaired by drugs; driving while ability impaired by the combined influence of drugs; aggravated unlicensed operation of a motor vehicle in the third degree; unlicensed operation of a motor vehicle; and moving from lane unsafely. He was released to a sober family member and is due to answer the charges in Town of Covington Court on July 13. Subsequent to Whitehead's June 24 arrest, he was arrested again in connection with the same incident on June 25 after the owner of the vehicle reported to the Wyoming County Sheriff's Office that Whitehead had been driving without consent. A warrant was issued for Whitehead and the Genesee County Sheriff's Office arrested him and the Wyoming County Sheriff's deputies later took custody of him. This charge was added to the file: unauthorized use of a motor vehicle in the third degree; then he was released from custody. He will answer all charges, including the added-on charge, at his July 13 appearance in Town of Covington Court.

James R. McNally, 57, of Roosevelt Avenue, Batavia, is charged with endangering the welfare of a child and forcible touching. McNally was arrested at 6:13 on June 17 on Clinton Street in the City of Batavia following an unspecified incident. He was arraigned in city court via Skype, then released under supervision of Genesee Justice. He is due back in court at 9 a.m. on July 23. The case was investigated by Batavia Police Officer Austin Hedges, assisted by Officer Marc Lawrence.

Pamela J. Thomas, 41, of Maple Street, Batavia, is charged with disprderly conduct, resisting arrest and harassment in the second degree. She was arrested at 10:03 p.m. June 16 on Denio Street following an incident wherein she allegedly yelled at a person and threatened them. She was released on an appearance ticket and is due in Batavia City Court on July 21. The case was handled by Batavia Police Officer Sean Wilson, assisted by Sgt. Eric Bolles.

Marshawn J. Singletery, 38, of Liberty Street, Batavia, is charged with second-degree harassment. The defendant was arrested following a domestic incident at 4:45 a.m. June 22 on Liberty Street. Singletery was arraigned in Batavia City Court and released to the Genesee Justice Program. The defendant is due to return to city court on Aug. 13. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Joshua Girvin.

Man reportedly bitten by one or more loose dogs on Terry Hills Drive

By Billie Owens

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A third-party caller reported to the Genesee County Emergency Dispatch Center that a man was attacked by a dog or several dogs running loose in the 5000 block of Terry Hills Drive. The pack of dogs then ran off. The location is "between Clinton Street and the dead end." Law enforcement and Mercy medics are responding. The caller is roadside inside a vehicle.

UPDATE 4:48 p.m.: The man who was bitten is upstairs on a back deck; a bandage was applied that stopped bleeding. Two dogs were involved and an officer told dispatch they are "contained in the house."

UPDATE 5:06 p.m.: An Amazon delivery driver was bitten on the inner thigh of one leg while on property making a delivery; the property owner's two dogs were in the yard at the time and barking when the delivery driver got bit. He was taken to UMMC for evaluation, but the injury appears to be minor.

UPDATE 5:20 (by Howard): The driver was treated on scene by the homeowners, who are both medical professionals and were able to walk from the backyard to his delivery truck on his own. He then walked from his delivery truck to the ambulance before being transported to UMMC. He continued to hold onto a delivery package for delivery as he walked to the ambulance. One of the owners said his dogs are normally big puppies but they make have felt more anxious after being locked up inside the house so frequently during the COVID crisis. A trooper confirmed that since the dogs were on the owner's property, there will be no citation.

City PD arrests six people for Thursday night brawl at Hutchins and Lewis

By Billie Owens

From the City of Batavia Police Department:

On June 18 at approximately 11 p.m., officers were dispatched to the area of Hutchins Place and Lewis Place for a large disturbance.

Upon arrival, patrols found several individuals fighting, with numerous different fights taking place. Some of the suspects had weapons such as knives, tasers, and bats and were allegedly threatening individuals with those items. Other suspects were allegedly throwing rocks at people and vehicles in the area.

After several minutes, officers were able to get the situation under control. No injuries were reported but two vehicles were damaged.

A thorough investigation was conducted and concluded that the incident began over fireworks being thrown at one of the damaged vehicles and a residence. The parties involved have had previous issues with one another.

The Batavia Police Department arrested the following individuals:

  • Eric McGill, 37, of Hutchins Place, Batavia, one count (PL 265.02-1) – criminal possession of a weapon in the third degree (a Class D felony);
  • Delonta Curry, 19, of Warner Street, Rochester, one count (PL 265.01-2) – criminal possession of a weapon in the fourth degree (a Class A misdemeanor); one count (PL 240.05) – riot in the second degree (Class A misdemeanor);
  • Hezekiah Burch, 18, of Hutchins Place, Batavia, one count (PL 145.00-1) – criminal mischief in the fourth degree (Class A misdemeanor); one count (PL 240.05) -- riot in the second degree (Class A misdemeanor);
  • Louis Mercado, 32, Lewis Place, Batavia, one count (PL 145.05-2) – criminal mischief in the third degree (a Class E felony); one count (PL 240.05) – riot in the second degree (Class A misdemeanor);
  • Jasmine Ryder, 34, Lewis Place, Batavia, one count (PL 240.05) – riot in the second degree (Class A misdemeanor);
  • Lance Mercado Sr., 30, Lewis Place, Batavia, one count (PL 240.05) riot in the second degree (Class A misdemeanor).

Law and Order: Maltby Road man arrested on warrant in grand larceny case

By Billie Owens

Judd Allen Farewell, 28, of Maltby Road, Oakfield, is charged with third-degree grand larceny. He was arrested June 16 on an arrest warrant out of Genesee County Court. He allegedly committed the crime he's charged with at 2:12 p.m. May 31 on Coe Avenue in Oakfield. He was arraigned and jailed without bail. He is due in county court on July 14. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Marshawn Jamal Singletery, 38, of Liberty Street, Batavia, is charged with: criminal possession of a controlled substance in the seventh degree; criminal use of drug paraphernalia; driving while ability impaired by alcohol; registration display violation; operating a motor vehicle with a suspended registration. Singletery was arrested at 4:50 p.m. on June 19 on Swan Street, Batavia, after a motor-vehicle stop for having no license plates. He was allegedly found to be under the influence at the time and refused Data Master testing at Genesee County Jail. He was issued an appearance ticket for July 29 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted Deputy Ryan DeLong.

Hezekiah N. Burch, 18, of Hutchins Place, Batavia, is charged with disorderly conduct. At 10:20 p.m. on June 16, Batavia police responded to a report of a large fight in the area of State Street in Batavia. While investigating the incident, police arrested Burch after he allegedly "engaged in violent, tumultuous behavior towards another male." Burch was issued a computerized appearance ticket for Batavia City Court and he is due there on June 21. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Connor Borchert.

Andrew L. Kosiorek, 48, of State Street, Batavia, is charged with disorderly conduct. At 10:20 p.m. on June 16, Batavia police responded to a report of a large fight in the area of State Street in Batavia. While investigating the incident, police arrested Kosiorek after he allegedly "engaged in violent, tumultuous behavior towards another male." Burch was issued "a hand written appearance ticket (65007)" for Batavia City Court and he is due there on June 21. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Connor Borchert.

Mark Leroy Farley 51, of Harvester Avenue, Batavia, is charged with second-degree harassment. He was arrest at 3 p.m. on June 14 following a domestic incident at an apartment on Harvester Avenue. He was issued an appearance ticket and released from custody. Farley is due in Batavia City Court on July 21. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Joshua Girvin.

Jzon Anthony Richardson Sr., 21, of Oak Street, Batavia, is charged with disorderly conduct. At about 10:20 p.m. on June 16, Richardson was arrested at the intersection of Hutchins Place and Lewis Place, in Batavia, following a physical and verbal dispute. He was issued an appearance ticket for Batavia City Court and is due there on July 21. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Arick Perkins.

Owner offers $1K reward for capture of intruder at Dave's Ice Cream

By Howard B. Owens

A perpetrator is still at large following a late-night break-in at Dave's Ice Cream, 3872 W. Main Street Road, Batavia.

Local law enforcement is looking for an individual who made forced entry into the ice cream shop at about 10:50 p.m. and was wearing black pants, a black coat, a gray hoodie, white gloves, and a black mask.

The subject attempted to gain entry to the cash register before fleeing in what appeared to be a small, white SUV.

Owner Debra Webster became aware of the burglary in progress because of a security camera in the store that alerted her on her phone to activity inside the closed and locked shop. She called 9-1-1 and Sheriff's deputies, with back up from Batavia PD and State troopers, responded but the perpetrator had left before police arrived.

Webster said the burglar did not seem familiar with the store and that no money was left in the store so no money was taken.

She is offering a $1,000 reward for information leading to the arrest of the criminal.

The Sheriff's Office is continuing the investigation. Anyone with information pertinent to the case is asked to call Investigator Chris Parker or Deputy Jordan Alejandro at (585) 343-5000.

UPDATE: Photo of the intruder's face submitted by Debra Webster.

20200621_120054burgsface.jpg

VIDEO: Courtesy Debra Webster. Note: The submitted video was 2:30 long. We've trimmed it to include only the portions that show the intruder and the SUV.

(Initial Report)

Burglary in progress at Dave's Ice Cream caught on camera, police searching the area

By Billie Owens

img_6609davesicecream.jpg

A burglary in progress was reported at Dave's Ice Cream, 3872 W. Main Street Road, Town of Batavia, about 25 minutes ago. Several Sheriff's deputies responded initially and found the front door secure, but noted there was forced entry through the back door.

Dispatchers were told the cash register drawer was on the floor, and a light was on in a portion of the building.

No one was located inside; the building was deemed secure.

A security camera at one point, briefly, showed an individual on the premises.

The suspect is described as wearing all black, including a hoodie and gloves.

A search for the suspect by law enforcement is underway and includes Batavia police and NYS Troopers. They are establishing a perimeter for the search area.

Man accused of picking up juvenile at DeWitt, inappropriately touching the youth

By Howard B. Owens

Press release:

On Wednesday, June 17, at or about 6:10 p.m., Batavia police officers responded to the area of Clinton Street for a juvenile that had flagged down a neighbor, requesting help.

Patrols arrived on scene and located two local residents sitting with a juvenile and James McNally standing near them. Patrols separated McNally from the juvenile and residents.

The residents indicated that the juvenile told them, that he needed help getting away from McNally.

Patrols interviewed the juvenile briefly and concluded that the juvenile had accepted a ride from McNally from DeWitt Recreation Area, with the intentions of McNally driving the juvenile to his residence.

While transporting the juvenile, McNally allegedly attempted to grope the juvenile. The juvenile feigned sickness so McNally would pull off to the side of the road. The juvenile then exited the vehicle and ascertained help at the nearest residence.

Upon discovering the alleged incident, Batavia police officers promptly took McNally into custody and transported him away from the juvenile.

McNally was arrested for endangering the welfare of a child (a misdemeanor) and forcible touching (a misdemeanor) via Skype in Batavia City Court by Judge Durin Rogers.

McNally was released under the supervision of Genesee Justice, and an order of protection was issued. McNally is scheduled to appear in Batavia City Court at a later time.

The Batavia Police Department would like to take a quick moment to update the community and parents on new abduction prevention ideas.

Instead of “Stranger Danger,” try using the following language when talking to your child about abduction prevention:

  • Don’t say: Never talk to strangers.
  • Say: You should not approach just anyone. If you need help, look for a uniformed police officer, a store clerk with a nametag, or a parent with children.
  • Don’t say: Stay away from people you don’t know.
  • Say: It’s important for you to get my permission before going anywhere with anyone.
  • Don't say: You can tell someone is bad just by looking at them.
  • Say: Pay attention to what people do. Tell me right away if anyone asks you to keep a secret, makes you feel uncomfortable, or tries to get you to go with them.

Man accused of picking up juvenile at DeWitt, inappropriately touching the youth

By Howard B. Owens

Press release:

On Wednesday, June 17, at or about 6:10 p.m., Batavia police officers responded to the area of Clinton Street for a juvenile that had flagged down a neighbor, requesting help.

Patrols arrived on scene and located two local residents sitting with a juvenile and James McNally standing near them. Patrols separated McNally from the juvenile and residents.

The residents indicated that the juvenile told them, that he needed help getting away from McNally.

Patrols interviewed the juvenile briefly and concluded that the juvenile had accepted a ride from McNally from DeWitt Recreation Area, with the intentions of McNally driving the juvenile to his residence.

While transporting the juvenile, McNally allegedly attempted to grope the juvenile. The juvenile feigned sickness so McNally would pull off to the side of the road. The juvenile then exited the vehicle and ascertained help at the nearest residence.

Upon discovering the alleged incident, Batavia police officers promptly took McNally into custody and transported him away from the juvenile.

McNally was arrested for endangering the welfare of a child (a misdemeanor) and forcible touching (a misdemeanor) via Skype in Batavia City Court by Judge Durin Rogers.

McNally was released under the supervision of Genesee Justice, and an order of protection was issued. McNally is scheduled to appear in Batavia City Court at a later time.

The Batavia Police Department would like to take a quick moment to update the community and parents on new abduction prevention ideas.

Instead of “Stranger Danger,” try using the following language when talking to your child about abduction prevention:

  • Don’t say: Never talk to strangers.
  • Say: You should not approach just anyone. If you need help, look for a uniformed police officer, a store clerk with a nametag, or a parent with children.
  • Don’t say: Stay away from people you don’t know.
  • Say: It’s important for you to get my permission before going anywhere with anyone.
  • Don't say: You can tell someone is bad just by looking at them.
  • Say: Pay attention to what people do. Tell me right away if anyone asks you to keep a secret, makes you feel uncomfortable, or tries to get you to go with them.

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