crime

Trevor M. Rich, 29, of 8943 Creek Road, is charged with harassment, 2nd. Rich is accused of verbally threatening a woman at 1:38 p.m., Tuesday. He was jailed on $750 bail.

Markeda Daphne Starks, 19, South Lyon, Batavia, was arrested on a warrant out of Batavia Town Court related to a charge of trespass, 3rd.

Maxwell Raymond Pfendler, 18, of Lake Street Road, Pavilion, is charged with unlawful possession of marijuana. Pfendler was stopped on an alleged traffic violation at 10 p.m., Tuesday, by Deputy Joseph Graff.

We only recently received the October indictments from the Genesee County Grand Jury:

Charles J. Porreca is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 5th, criminal possession of marijuana, 4th, and criminal possession of a controlled substance, 7th. On May 6, Porreca is accused of possessing marijuana while in a vehicle at 8123 Prole Road Extension. On the same date, he is accused of possessing psilocin and psilocybin contained in mushrooms with the intent to sell in a room at College Village. At the same address, he is accused of possessing more than two ounces of marijuana along with hydrocodone.

Robert Thigpen III, is charged with burglary, 1st, menacing, 2nd, and criminal mischief, 4th. Thigpen is accused of entering and remaining unlawfully in a dwelling at 111 State St., Apt. 3, Batavia, on Aug. 30, with intent to commit a crime. Allegedly, Thigpen used a knife to threaten another person. He is also accused of damaging a lock.

Amy L. Brown is charged with grand larceny, 3rd, and eight counts of offering a false instrument for filing, 1st. Brown is accused of stealing from the Department of Labor from Sept. 21 through Nov. 16, 2008. She is accused of filing false records with the Department of Labor.

Robert J. Van Pelt is charged with vehicular assault, 1st, DWI and aggravated DWI. Van Pelt is accused of driving a motor vehicle on May 2, Sandhill Road, Town of Alabama, and causing another person to be injured. His BAC was allegedly above .18.

Christopher J. Matusak is charged with DWI as a felony, aggravated DWI, three counts of criminal mischief, 3rd, and three counts of reckless endangerment, 2nd. Matusak is accused of driving drunk on May 31 with a BAC of .18 or greater, and in Town of Le Roy damaging the property of another person. The property is described as a 2007 Hyundai, a 1998 Lincoln and a 1996 Cadillac. He is accused of intentionally striking the Cadillac, which allegedly had three passengers at the time.

Shannon V. Albano is charged with a felony count of DWI and driving with a BAC of .08 or greater. Albano is accused of driving drunk on April 19 in the Town of Darien.

Autumn M. Connolly is charged with grand larceny third. Connolly is accused of stealing about $4,200 from a family member between March 27 and April 13.

Five Genesee County residents have been arrested on various drug charges over the past several weeks, the Local Drug Enforcement Task Force announced.

One person is suspected of dealing drugs, a husband and wife as well as another man are accused of growing marijuana. Another woman is accused of possessing marijuana.

The following arrests were announced:

Anthony Nigro (pictured), 59, of Alexander Road, Alexander. Nigro is charged with criminal possession of a narcotic drug with intent to sell, 3rd, and criminal sale of a controlled substance, 3rd. Nigro was arrested in September and released on his own recognizance.

Michael D. Myers, 49, of Telephone Road, Pavilion, is charged with criminal possession of marijuana, 2nd, and unlawfully growing marijuana. Myers is accused of possessing more than 16 ounces of marijuana at the time a search warrant was executed on Sept. 13. Myers was released on his own recognizance.

Robie A. Dersham, 41, of Creek Road, Pavilion and Kimberly A. Dersham, 41, of Creek Road, Pavilion, are charged with criminal possesion of marijuana, 4th, and unlawfully growing marijuana. The Dershams were allegedly found in possesion of two ounces of marijuana in September.

Laura L. Pacer, 25, of Jackson Street, Batavia, is charged with criminal possession of marijuana. Pacer was allegedly found in possession of two ounces of marijuana following the execution of a search warrant on Oct. 12.

Multiple law enforcement units are responding to Route 77 north of Route 5 following the report of a possible child abduction by a parent.

The report came in through OnStar.

The suspect car is a 2010 silver Chevy Malibu.

UPDATE 2:11 p.m.: The search is now located in the area of Flying J.

UPDATE 2:13 p.m.: A deputy has the vehicle stopped in the Flying J's parking lot. Brighton PD is being notified. The car is registered to a woman in Spencerport.

UPDATE 2:19 p.m.: Deputy: "The child is fine. (The driver) was heading to the rez for cigarettes." Now it appears that Ogden PD is lead agency.

Latoya D. Jackson, 25, no permanent address, is charged with disorderly conduct and resisting arrest. Jackson was arrested after police responded to T.F. Brown's restaurant at 12:35 a.m., where she was reportedly causing a disturbance after being denied entry due to her apparent intoxication. Jackson allegedly yelled obscenities on Liberty Street and began to struggle with officer Darryl Streeter following her arrest. Jackson was jailed on $2,500 bail. For previous reports on Jackson, click here.

Manuel Larry Valdez, 32, of Shane Drive, North Syracuse, is charged with criminal mischief, petit larceny, harassment and disorderly conduct. Valdez was arrested following an investigation by Deputy Jason Saile into an alleged incident at 9:55 p.m., Friday, on Veterans Memorial Drive. Valdez is accused of yelling profanity in a public parking lot, allegedly pulling the hair of another person, biting her arm and punching her in the face.  Valdez also allegedly damaged the victim's car keys so she couldn't start her car. Valdez also allegedly stole merchandise from a store. He was jailed on $10,000 cash bail.

Mark R. Mack, 48, of 5 Chapel St., Mt. Morris, is charged with DWI and driving with a BAC of .08 or greater. Mack was reportedly found at 3:34 a.m., Friday, in his car with the motor running by Sgt. Michael J. Hare of the Le Roy Police Department, in a parking lot on Main Street, Le Roy.

Andrew Russell Desmond, 27, of Seaford Terrace, Hamburg, is charged with unlawful possession of marijuana. Desmond was stopped at 8:20 p.m., Friday, for allegedly driving 100 mph on Route 5 in Pembroke by Deputy Patrick Reeves. Reeves reported he found Desmond allegedly in possession of marijuana.

Armekcl Devonte Austin, 19, of Terrace Park, Rochester, is charged with trespass. Austin allegedly trespassed on College Village property after being evicted and told to stay away.

Carla L. Spikes, 20, of Hutchins Place, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, unlicensed operation and speeding. Spikes was stopped at 3:13 a.m., Saturday, by Deputy Howard Carlson.

Patrick Anthony Martone, 48, of Benedict Drive, Rochester, is charged with unlawful possession of marijuana. Martone was stopped by Deputy Brian Thompson at 10:45 p.m., Oct. 24, for allegedly running a red light on West Main Street, Batavia. Thompson reportedly could smell the odor of marijuana coming from the car.

John Richard Schumacher, 19, of Colonial Woods Drive, Alden, is charged with trespass. Schumacher was reportedly on College Village property after being banned from the property several months ago.

Gregory P. Drake, 20, of Phillips Road, Holley, is charged with DWI, driving with a BAC. 08, driving left of pavement markings in a no-passing zone, consumption of alcohol in vehicle and failure to dim headlights. Drake was stopped at 12:32 a.m., Sunday, on Route 237, Byron, by Deputy Jason Saile.

Ronald A. Bialy II, 20, of 337 Bank St., Apt. 37, Batavia, is charged with DWI and aggravated unlicensed operation of a vehicle. Bialy was stopped at 2:33 a.m., Sunday, by Officer Eric Bolles.

Paul E. Bishop, 44, of Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Bishop is accused of striking the 13-year-old child of an acquaintance.

A 16-year-old resident of Killian Road, Pembroke, is charged with trespass. The youth is accused of being on private property after being advised not to.

Marie Nicole Wenzel, 19, of Melville Street, Rochester, is charged with unlawful possession of marijuana. Wenzel was stopped by at 2:46 p.m., Sunday, on Route 33 in Stafford, by Deputy Brian Thompson for allegedly tinted windows and illegal license plate cover. Wenzel was reportedly found in possession of a marijuana pipe with marijuana in it.

A Batavia man with an apparently lengthy criminal record, who was arrested at least three times in the past few months, will need to come up with $50,000 if he wants to get out of jail while his newest felony charges are pending.

Michael J. Piasta, 30, of 415 E. Main St., Batavia, was arrested earlier this week on a charge of burglary, 3rd, and criminal possession of a forged instrument. He is accused of breaking into a business office on Harvester Avenue, stealing credit cards and checks, using the credit cards and attempting to cash the checks.

When arrested, he was arraigned in Batavia City Court, but because Piasta has two prior felony convictions, the lower court could set bail and the justice ordered him held without bail. His attorney, William Teford, requested a bail review hearing in Genesee County Court.

At the hearing, Teford argued that despite his client's lengthy criminal record, all of his immediate family lives in Batavia, he's never left Batavia and he has a job. Teford asked for bail of $5,000 to $10,000.

District Attorney Lawrence Friedman argued that Piasta has a history of violating probation and parole and, though neither of the prior felony convictions were for violent crimes, Piasta is facing possible "persistent felony offender status," which means a longer prison term.

In the pre-bail review report, Friedman noted that Piasta's employer, a local contractor, says he "doesn’t know if he’d have job if released due to trouble he’s been in recently."

Friedman asked that Piasta continued to be held without bail.

Previously:

• Man with previous thievery charges accused of burglary on Harvester Avenue
• Store owner helps catch man who allegedly tried to steal adult DVDs

Gary L. Bonk, 34, Gillette Road, Albion, is charged with aggravated unlicensed operation of a vehicle, 2nd, leaving the scene of a personal injury accident, speeding, driving left of pavement markings, and failure to yield to emergency vehicles. Bonk was reportedly seen speeding on Route 98 and passing a car in a no-passing zone on Route 98 at 3:01 a.m. When a patrol car attempted to stop Bonk's car, Bonk reportedly drove it into a ditch and then fled the scene. When Bonk allegedly drove the car into a ditch, his passenger was injured (though the passenger did not seek medical treatment). Bonk was reportedly found later walking on Route 98.

A 17-year-old from Albion was charged with making a punishable false written statement. The youth is accused of signing a false statement regarding an incident involving Gary L. Bonk.

Bryan D. Wright, 50, of Telephone Road, Pavilion, is charged with harassment. Wright was allegedly involved in an incident at 4:25 p.m., Oct.12, at a location on St. Mary's Street, Pavilion. He is accused of grabbing and choking another man during an argument.

Brett Blair, 26, of Batavia, is charged with three counts of criminal possession of stolen property, 4th, and three counts of forgery, 2nd. Blair was arrested by State Police on Wednesday in regards to an alleged incident Aug. 10 in Greece. It appears to involve credit cards and tokens. No further details were released.

An Elmira stepmother was found guilty of manslaughter today in the death of a 21-month-old toddler from Batavia.

Melissa Engelhardt, 24, was convicted in a non-jury trial. Chemung County Judge Peter C. Buckley found Engelhardt not guilty of second-degree murder.

Andrew Cianfrini, of Batavia, died Nov. 10, while in the care of Engelhardt.

An autopsy found methanol in the child's body. Methanol lowers the temperature of water to prevent it from freezing. It can be fatal if ingested. Methanol was also found in the toddler's sippy cup.

(Read the full story from the D&C).

An arsonist who tried to kill his ex-girlfriend's father will spend 20 years in prison, Judge Robert C. Noonan ruled today.

The sentencing of Andre L. Scott came near the close of a bizarre hearing in which Scott let it be known that he thought a juror in his trial behaved improperly, that his constitutional rights were violated in a previous conviction out of Monroe County, and that his ex-girlfriend perjured herself under pressure from Batavia Police detectives.

He also accused the detectives of tampering with evidence.

"Everybody in this courtroom knows what happened," Scott said. "They took my DNA and put it on there, on the evidence."

Since Scott's conviction on Aug. 31 following a jury trial, the 31-year-old former Rochester resident fired his trial attorney, Thomas Burns, and was assigned local defense attorney Fred Rarick.

Today, Scott let it be known that he plans to appeal his conviction.

A jury found that Scott attempted to kill his ex-girlfriend's father by pouring gasoline on the stairs of the man's Batavia residence at 12 Elm St. and setting it afire in February 2009. 

He was convicted of attempted murder, arson and burglary.

"The defendant started a fire in the stairwell where, if he had been successful, it could have resulted in the death of four people in that residence," District Attorney Lawrence Friedman said. "Only through the prompt response of the fire department did it become a situation where nobody was harmed.

"His continued attitude, and what he said to probation during the presentence investigation, communicates loud and clear that, unless I've missed something, I see no mitigating factors to suggest this defendant should get any less than the maximum, 25 years."

Given a chance to speak in his own defense, Scott immediately launched into a rambling complaint about wanting to file a 330 motion (a motion contesting his conviction), but the jail didn't send it over in a timely manner, the court didn't get it, and something about a juror who is related to somebody who works in corrections.

Noonan tried to get Scott back on track, at which point Scott started to complain about evidence being tampered with and asking that the evidence in his case be taken out of Batavia Police custody.

Noonan cut him off.

"One thing I've noticed about you, Mr. Scott, from the very first time you came before me, is that you focus on entirely different matters than what everybody else is focused on," Noonan said. "You make allegations that have no basis in fact and bring up issues not being discussed, and anyone -- including your own counsel -- who tries to  get you to focus (is ignored).

"When I give you every opportunity to tell me what sentence should be imposed, you go off on where evidence is stored and 'what everybody knows,' whatever that means."

After telling Scott that he "committed one of the most serious crimes in our law," Noonan pronounced sentence and then asked if the district attorney's office had any requests for orders of protection.

Friedman requested orders of protection for Scott's ex-girlfriend, her father and one of the witnesses in the case.

"Any objections?" Noonan asked in what is normally a very routine matter at criminal sentencing.

"No, your honor," said Rarick.

"Yes," said Scott loudly, going on to say that his ex-girlfriend had spoken with his mother after she testified and said that police had threatened her if she didn't lie on the witness stand.

After some consultation with his client, Rarick offered up Scott's objection.

Noonan ruled that, if in the circumstance that Scott winds up representing himself and needs to interview her, the order can be modified, otherwise he was issuing the order of protection.

A 55-year-old Batavia woman is accused of forging her boss's signature on company checks and depositing the funds in her personal bank account.

Deborah Dutton faces a federal charge of making and possessing forged checks. The maximum penalty is 10 years in prison or a $250,000 fine or both.

Dutton is accused of stealing in the neighborhood of $77,000 from her employer, A1 Sheet Metal Company.

The arrest is the result of an investigation by Special Agents of the U.S. Secret Service, under the direction of Special Agent-In-Charge Tracy Gast.

Latifa Aminya Abdullah-Muhammad, 19, of Tibbets Road, Medina, and Merle Franklin Agee, 19, of Ontario Avenue, Niagara Falls, are charged with disorderly conduct. Abdullah-Muhammad and Agee were reportedly at 8204 Park Road, Batavia, at 7:54 p.m., Sunday, where they allegedly used abusive and obscene language while in a public place.

Porfirio Diaz Gomez, 35, of Merriman Road, Byron, has been charged with illegal entry. Gomez was taken into custody at 5:15 a.m., Sunday by Deputy Frank Bordonaro and turned over the the U.S. Border Patrol.

A 44-year-old Le Roy man is accused of video recording a naked developmentally disabled man while the group home resident was in a bathtub.

David C. Ewell was arraigned in Nunda Village Court on charges of second-degree unlawful surveillance, dissemination of an unlawful surveillance image, and endangering the welfare of an incompetent or physically disabled person. 

Ewell was jailed on $25,000 bail or $50,000 bond. He's an employee of the New York State Developmental Disabilities Services Office, and works at the Walnut Intermediate Care Facility in Nunda.

Ewell is accused of using his cell phone, recording the man and then disseminating the 30-second recording to another person.

(Source: Democrat & Chronicle)

Terrance D. Bauer, 48, of Church Street, Alabama, is charged with criminal possession of a weapon, 3rd, and criminal possession of marijuana, 5th. Bauer was taken into custody by the Genesee County Local Drug Enforcement Task Force following the execution of a search warrant at his residence on Oct.15. Bauer was allegedly found in possession of marijuana and a billy club, which he cannot legally possess. Bauer was released on his own recognizance following his arraignment in Town of Alabama Court.

Craig A. Tiberio, 21, of Lathrop Avenue, Le Roy, is charged with assault, 3rd. Tiberio is accused of getting into an argument at a residence on St. Mary's Street, Pavilion, and punching another person in the face causing physical injury.

Robert Adam Barnhart, 25, of East Main Street, Batavia, is charged with grand larceny, 3rd. Barnhart was arrested on a warrant out of Wyoming County.

Aaron John Gugel, 18, of Donahue Road, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gugel's car, parked at 260 State Street.

Sharmice Shantell Gibson, 18, Wood Street, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gibson's car, parked at 260 State Street.

A Batavia man previously accused of stealing from local stores is in trouble again -- this time for allegedly burglarizing a business on Harvester Avenue and forging checks from that business.

Michael J. Piasta, 30, of 415 East Main St., was arrested by Batavia Police following an investigation and charged with burglary, 3rd, and criminal possession of a forged instrument.

Piasta is accused of breaking into a business at 56 Harvester Ave. and stealing checks and credit cards.

He allegedly tried to cash two business checks at area banks and is accused of using the credit card at various locations.

Piasta was jailed without bail.

Previously, Piasta allegedly stole some DVDs from Pandora's Boxx and fled on foot. He was the subject of a short manhunt at St. Joseph Cemetery off of Buell Street. Also, he was previously accused of stealing beer from Wilson Farms on East Main Street. In that case, Piasta was apparently caught on camera at the store, and at the time of his arrest he was wanted on a warrant out of Niagara County.

Information on the court status of those cases is not immediately available.

Michelle Richmond, 41, of 207 Washington Ave., Batavia, is charged with DWI, driving with a BAC of .18 or greater and speeding. Richmond was stopped at 2:52 a.m. on West Main Street, Batavia, by Officer Darryle Streeter.

William L. Verney, 29, of Alexander, is charged with conspiracy, 6th. Verney was arrested by State Police on Monday for an alleged incident reported on Oct. 10 on the Tonawanda Indian Reservation. No further details were released.

Jeffery A. Fitzsimmons, 18, of Medina, is charged with unlawful possession of marijuana. Fitzsimmons was arrested by State Police at 1:05 a.m., Saturday, on Route 63 in the Town of Alabama.

Harold Miles, 52, of Batavia, is charged with introduction of prison contraband, 2nd, and criminal possession of a controlled substance, 7th. Miles was arrested by State Police on Saturday for an alleged incident reported on Oct. 19. No further details were released.

Andrei P. Sliker, 19, of 15 Thorpe St., Batavia, is charged with harassment, 2nd, and criminal contempt. Sliker alleged grabbed and pushed a woman who had a court order of protection against Sliker. Sliker was jailed without bail.

Matthew R. Hinze, 19, of Batavia, is charged with driving while impaired by drugs, loud/inadequate muffler, a license plate violation and unlawful possession of marijuana. Hinze was stopped at 11:09 p.m., Friday, on Route 63 in the Town of Batavia, by Deputy Patrick Reeves.

Jennifer Pearl Hepp, 28, of Walker Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or higher, aggravated unlicensed operation and driving left of the pavement markings. Hepp was stopped at 2:42 a.m. on Route 238 in Alexander by Deputy Jason Saile.

A 17-year-old from Walker Road, Pavilion, is charged with unlawful possession of marijuana. Walker was charged after a drug-sniffing K-9 reportedly alerted on his vehicle.

A 17-year-old from Big Tree Road, Pavilion, is charged with unlawful possession of marijuana. Walker was charged after a drug-sniffing K-9 reportedly alerted on his vehicle.

Michele Marie Davis, 27, of Wyoming Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater and speeding. Davis was stopped at 1:48 a.m., Sunday, on Perry Road in Pavilion by Sgt. Brian Frieday.

Charles William Wilder, 27, of Crane Raod, Oakfield, is charged with felony DWI, aggravated DWI with a BAC of .18 or greater and improper left turn. Wilder was stopped at 2:29 a.m., Sunday, on South Main Street, Oakfield, by Deputy Jason Saile.

Angela A. Snyder, 32, of 432 E. Main St., Batavia, is charged with petit larceny. Snyder is accused of shoplifting from the Dollar General.

Batavia police are on the lookout for six youths who are reported to be stealing pumpkins in the city. Three other young people reported that the mischief-makers went into a house on Oak Street, but couldn't, or wouldn't, identify it.

Dispatch also mentioned Summit Street in connection with this incident. No word on the total of pumpkins involved.

At least two people, and maybe more, have contacted the Le Roy Police Department to report unauthorized transactions on their debit cards.

The individuals contacted police, according to Sgt. Tim Hayes, after trying to use their cards at area stores and having the transactions denied.

Upon further checking, the card holders discovered numerous debit card purchases for varying amounts on different dates at out-of-state stores, Hayes said.

Hayes said Officer Emily Clark is also handling the case and she may have the names of other victims, but Hayes did not immediately have that information available.

A reader who tipped The Batavian to the investigation said as many as 40 people in Le Roy have had unauthorized transactions on their debit cards and Hayes said that number could be accurate because not all of the victims are calling the police department -- many are only contacting their bank branches.

It's not clear how the debit card numbers of the victims were obtained, Hayes said. The victims still have physical custody of their cards.

Hayes asked that any victims of the scam contact law enforcement. The investigation is continuing.

Two weeks ago, media in Rochester reported that numerous area residents had suffered a similar scam. The victims may have been customers of Aldi's, which reportedly suffered a security breech. A perpetrator reportedly tampered with Aldi's credit card terminals in 11 states.

It's unknown if the Le Roy victims have been caught in the same scam.

In his e-mail to The Batavian, Hayes wrote, "It would be well advised as a matter of routine credit security for people to regularly check their debit card and credit card statements for incorrect/fraudulent charges and to notify the police as well as their financial institutions immediately upon discovery."

Cain Catino, 39, who tried to steal oxycodone from the Oakfield Family Pharmacy last month pled guilty this morning to attempted robbery, 3rd, in Genesee County Court.

The Seven Spring Roads resident had a knife in his pocket at the time of the attempted robbery, District Attorney Lawrence Friedman revealed this morning.

Friedman said Catino's case was scheduled to go before the grand jury next week and Catino was facing a possible charge of robbery, 1st, and criminal possession of a weapon.

Witnesses would testify, according to Friedman, that Catino was attempting to retrieve the knife when the pharmacy owner and his son were wrestling Catino to the floor.

Under terms of the agreement, Catino receives second felony offender status and will serve from one-and-half years to three years in prison.

Without the plea agreement, the attempted robbery charge could carry a maximum sentence of two to four years.

Catino's prior felony convictions are a grand larceny charge in 2008 and attempted robbery in 2009.

Sentencing was scheduled for Nov. 22.

Catino's mother is accused of trying to smuggle drugs to him in Genesee County Jail earlier this month. Charges of criminal possession of a controlled substance and promoting prison contraband are still pending.

A 40-year-old Attica man who was stopped on East Main Street, Batavia, just 12 days ago, admitted in Genesee County Court this morning that he was driving drunk at the time.

Roland J. Reed admitted to a felony count of driving while intoxicated and aggravated unlicensed operation. He was charged under Leandra's Law because he reportedly had a 2-year-old and an 8-month-old in his car when he was stopped by police.

He was also charged at the time with unlawful possession of marijuana, refusal to take a breath test and moving from lane unsafely.

Reed also admitted to DWI convictions, one in Le Roy in 2009 and another in Monroe County in 2008.

He faces from one to four years in state prison.

Originally jailed on $25,000 bail, Reed will be released under supervision of Genesee County Justice as a condition of his plea.

In addition to prison time, Reed will be required to have an ignition interlock device for at least six months upon his release.

While out of jail awaiting sentencing, Reed will be undergoing treatment, according to his attorney, and looking for work. Judge Robert C. Noonan imposed a curfew from 6 p.m. to 6 a.m.