crime

A former Batavia resident already in state prison on eight sex-crime-related charges entered a not-guilty plea in Genesee County Court to a 10-count indictment alleging rape in the 2nd degree.

Philip E. Kroft Jr., is accused of engaging in sexual intercourse with a girl 15 years old or younger.

Because Kroft is already serving a lengthy prison term, Judge Robert C. Noonan wondered what sort of bail status Kroft should be granted on the new charges -- Noonan has to set something in the way of bail status -- and District Attorney Lawrence Friedman didn't really have a recommendation.

"I don't think it's going to matter, your honor," Friedman said finally, kind of shrugging his shoulders, then adding, "$10,000."

"That's reasonable," Noonan said.

Kroft won't get his first parole hearing on his prior conviction until 2015.

Police say the alleged rapes in Batavia occurred in 2008.

A former Orleans County resident who was accused of driving drunk with children in her car on Dec. 29, shortly after Leandra's Law was passed, had her sentence delayed this morning, giving the probation department time to confirm her new residency in Oakfield.

Michelle M. Kasper, 20, formerly of Albion, could have become the first Genesee County resident sentenced under Leandra's Law.

Assistant District Attorney Melissa Cianfrini also raised a concern that Kasper admitted on Aug. 12 to driving while intoxicated, then during a pre-sentencing interview, Kasper said she hadn't been drinking prior to accident that led to her arrest. She told probation that she drink three energy drinks containing alcohol after the accident.

Ask to explain the contradiction, attorney Nathan Pace had a hard time explaining his client's comments, saying he didn't hear what questions she was asked by probation that led to her answer.

Kasper told Judge Robert C. Noonan that she had drinks earlier, but not immediately prior to the accident.

Noonan went ahead and agreed with a defense request to delay sentencing so that her new residency in Genesee County could be confirmed so that her sentence could include supervision.

Kasper was arrested on Dec. 29. She was the second WNY resident charged with a DWI felony under Leandra's Law, which increases the penalties for DWI with children under age 15 in the car. She was also charged with three counts of endangering the welfare of a child and one count of unlawful possession of marijuana.

Jessie J. Jones, 19, of 118 1/2 State St., Batavia, is charged with criminal possession of a weapon, 3rd, and menacing, 2nd. Jones is accused of being involved in a fight on State Street at 10:08 a.m., Wednesday, where two men reportedly brandished knives. Police say that the other subject is known but has not been located. The police are seeking a warrant for his arrest.

Michael J. Piasta, 30, 415 E. Main St., Batavia, is charged with burglary and petit larceny. Piasta was arrested on a warrant upon his release from Niagara County Jail on an unrelated charge. Piasta is accused of stealing beer from Wilson Farms on Aug. 1. (See this report, also this alleged incident.)

Rebecca J. Fili (pictured), 32, of 103 W. Main St., Building 9, Le Roy, is charged with petit larceny. Fili allegedly entered a business on West Main Street, Le Roy, and filled a purse she was carrying with items from the store. The purse was reportedly hollowed out in order to better conceal multiple items. A total of 15 items worth $53.70 were allegedly found in the purse. An employee reportedly spotted Fili allegedly filling her purse with store items.

Darik R.M. Orbaker, 18, of 6 Forest Edge Drive, Batavia, is charged with criminal contempt, 1st, and harassment, 2nd. Orbaker is accused of grabbing another person who had previously been granted an order of protection.

A 16-year-old, of Ivison Road, Byron, is charged with endangering the welfare of a child. The youth is accused of letting another person under age 16 drive his family's car. The car was allegedly occupied at the time by the driver, the defendant and two females under 17 years of age.

A 16-year-old, of South Main Street, Medina, is charged with petit larceny and unlawful possession of alcohol by a person under 21. The youth is accused of stealing a 24-ounce can of Labatt Blue Light from a vendor's cooler during the Brooks & Dunn concert at Darien Lake.

Saul Doynasday Standsblack, 32, of Parker Road, Basom, is charged with criminal mischief, 4th, and criminal trespass, 2nd. Standsback is accused of breaking a window and gaining entry to a trailer at 587 Council House Road on Aug. 25 at 5:15 a.m.

Lindsay Catherine Miller, 19, of 236 E. Bennington Drive, Rochester, is charged with petit larceny. Miller is accused of stealing cartons of cigarettes from the Totem Pole store.

Batavia Police are responding to a report of four or five people at the end of Hall Street fighting.

UPDATE  12:27 a.m.: Police officer on scene: "Things appear more calm at this point."

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A rock 'n' roll tour bus driver busted for DWI in Pembroke in July, 2009, blew his chance at a probation-only sentence by getting arrested twice on alcohol-related charges after he entered his guilty plea in May.

Joseph Devlin, 38, employed by a company charged with driving around the Kid Rock entourage, will serve 90 days in the Genesee County jail starting today.

The Florida resident was allegedly arrested in his home state for DWI -- a charge his attorney indicated was dismissed -- and on a charged related to an alleged domestic disturbance.

Attorney Jeremy Schwartz said as a result of the alleged domestic incident, Devlin entered a 12-week alcohol counseling program.

Schwartz said that when he met Devlin a year ago, he didn't believe Devlin had a drinking problem.

"For a 39-year-old who doesn't have a single arrest that's not hard to believe," Schwartz said.

Devlin lost his job after his arrest and has since started a business in Florida with his wife. Both Devlin and Schwartz asked Judge Robert C. Noonan not to send the former bus driver to jail because of the hardship it would create on his family.

Devlin and his wife have two children.

"Going to jail right now would really mess their lives up," Devlin said. "I know it’s my fault, but it would mess up what I’ve fought so hard to get going after losing my job."

Devlin said the past year has been stressful.

Noonan indicated he was initially going to impose a stiffer sentence but after reviewing the pre-sentencing report by the Probation Department, and considering the hardship on the business, he backed off giving a longer jail term.

"Somebody is going to have to tell Mr. Devlin that you are going to have to face some consequences for your alcohol conduct," Noonan said. "And that's me."

Devlin must also pay a $5,000 fine by Jan. 1.

A truck driver who State Police say was looking a porn while on the Thruway in Pembroke just before his rig slammed into a disabled car, killing an Erie County mother, will spend three to nine years in prison.

Ohio resident Thomas Wallace sobbed prior to his sentencing by Judge Robert C. Noonan, reading a prepared letter of apology. The husband of 33-year-old Julie Stratton, as well as other family members, also read statements.

Wallace earlier entered a guilty plea to manslaughter in the second degree.

The 45-year-old trucker was driving on little sleep and watching a pornographic movie on his laptop computer when his truck hit Stratton's car. Stratton's car had only moments earlier hit a deer, causing it to stall in the passing lane. She was on the phone with Genesee County's 9-1-1 dispatcher when her car was struck.

Batavia Police are responding to a report of a fight on State Street involving two men with knives.

UPDATE 10:12 a.m.: The fight was not in progress when the first police officer arrived. One subject is still in the area, the other is walking on Willow Street. An officer is with him now near the park.

An investigation into shots fired at a West Main Street Road address led to the arrest Saturday of a Rochester resident on a petit larceny charge.

Antown T. Maddox, 20, was taken into custody after being stopped for alleged traffic violations.

Chief Deputy Jerome Brewster said Maddox couldn't explain what he was doing with three mobile phones. 

Deputies found in his car an iPod Touch and a Blackberry. The Sheriff's Office had recently taken a report of a stolen iPod Touch and Blackberry.

Maddox was jailed on $500 bail.

Three Sheriff's Office patrols responded to 3546 W. Main St. Road at 2:50 a.m. after receiving a report of shots fired. There was a party in progress, according to Brewster, but when questioned, nobody knew anything.

"We are looking into the shots fired a little deeper," Brewster said.

An investigator has been assigned to the case.

A Rochester man accused of starting a fire at 12 Elms St. on Jan. 24, 2009, and attempting to kill the father of an estranged girlfriend, was found guilty today of attempted murder by a Genesee County jury.

The jury also found Andre L. Scott, 30, guilty of burglary and arson.

The tall and lanky Scott, dressed in a sharp tan suit, did not react to the verdict, but at least one person sitting in the gallery behind him rushed from the courtroom in tears as the jury foreman responded "guilty" to the second count.

Scott could face 15 years in prison, or 25-to-life. He will be sentenced Oct. 28.

Defense attorney Thomas Burns, who was assigned to the case, was clearly disappointed in the verdict. He worked hard to punch holes in the prosecution's case, calling into doubt the method in which evidence was gathered and how DNA was handled by investigators and the state's crime lab in Albany.

Burns said there will likely be an appeal, but another attorney will represent Scott through that process. It isn't clear at this time, Burns said, what shape the appeal will take, but he said he will work closely with the appeals' attorney to help prepare the case.

District Attorney Lawrence Friedman said the jury reached the correct verdict.

"Obviously, we're pleased with the verdict," Friedman said. "We certainly felt the evidence supported the verdict and we're glad the jury was able to sift through the evidence of a complicated case to arrive at these results."

The jury found that on Jan. 24, Scott, reacting to a fight with his estranged girlfriend, carried out threats he made to her, her father and a friend, and went to the father's apartment building on Elm Street and started a fire.

Scott was accused of pouring gasoline from a Clorox bottle onto the stairs, leading to the man's apartment and then lighting a book of matches to start the fire.

The blaze was discovered quickly and the fire department responded before much damage could be done. Nobody was hurt in the fire.

This morning, Burns and Friedman made their closing arguments to the jury. After the jump, a few notes from the summations.

Thomas Burns, Defense:
Burns called into question the process the State Police crime lab used to handle the DNA evidence, saying that Peter Lewis, a technician at the lab, offered testimony that called into doubt the chain of DNA evidence.

"He testified that the laboratory had a protocol, and it's a written protocol," Burns said. "He doesn't have a copy of it. He doesn't know what it says. But he knows he followed it."

As for the parole officer who collected DNA evidence, Burns said he testified about how to use the kit to collect evidence.

"What was the training? To read the instructions. Had he read the instructions? No," Burns said.

The laboratory used a kit to process the DNA. According to Burns, the kit instructions say to use a "nanogram" of sample DNA.

But none of the pieces of evidence -- such as a bottle cap from a Clorox Bleach container, its handle and a book of matches -- contained that much DNA.

"They did not follow the protocols," Burns said. "This is a serious break of this laboratory's ability to produce a scientifically valid report."

Burns also questioned the scientific validity of using only the suspect's sample DNA to test against the DNA gathered at the crime scene.

He compared the process to using a photo line-up. You don't show a witness to a crime a photo of only one suspect. You show him several suspects, and ask him to pick out the suspect.

In the same way, Burns argued, the lab should have been provided control DNA samples and asked to identify the one that matched, instead of looking for a reason to match the one it had.

"Human nature says you can have suggestions placed in your head and that it interferes with the scientific process," Burns said.

Burns also questioned why -- if Scott made calls and sent text messages threatening the alleged victims -- no recordings or copies of text messages containing threats where entered into evidence.

He noted that one of the alleged victims had a lengthy criminal history, including accusations of lying to police. But the only evidence of threats, Burns said, came from the testimony of three people. 

District Attorney Lawrence Friedman
Friedman said the arguments against the DNA evidence could be made in any case.

"It's so easy to throw stones," Friedman said. "It's easy to play Monday-morning quarterback and suggest things could have been done different. If you accept the defense argument, then everybody involved in this case is either incompetent or there is some grand conspiracy against his client."

Friedman compared the idea that Peter Lewis could do his lab work without referring to the written protocols to a typical juror driving his or her car with out reading the owner's manual before each road trip.

"You don't need to be able to know your manual by heart in order to drive your car," Friedman said.

As to the credibility of the DNA evidence, Friedman said, "This isn't just Peter Lewis saying, 'these are my results.' They were peer reviewed. They were reviewed by supervisors and they were reviewed by administrators."

Friedman also called into question the testimony of alibi witnesses.

The witnesses, Friedman said, were able to recall with some detail events of Jan. 24, 2009, even though some of them didn't know for up to a year later that Scott had been charged with a crime. There was nothing, Friedman said, that would have made Jan. 24 particularly memorable.

"So how is it that they are able, after all these months, able to recall such amazing detail," Friedman said. "They have no recall of the day before or the day after. The amount of detail they claim to recall about Jan. 24 is ridiculous. It's not worthy of your consideration.

And why, Friedman wondered, didn't one of these alibi witnesses come forward long before the trial and tell police they had the wrong man because they were with him at the time of the accused crime. Not one of the witnesses contacted police prior to the trial, Friedman said.

He wasn't caught until he ran out of gas, but a Batavia man who led several area law enforcement agencies on a pursuit and search will likely serve one to three years in state prison after pleading guilty today to a DWI charge.

Randy S. Rumble, 28, of State Street, Batavia, admitted in court this morning that he was intoxicated at the time he was spotted driving his car on Morganville Road, where he ran out of gas.

The chase started in Livingtson County, but an Avon Police officer had to break off the pursuit as Rumble's car entered Genesee County.

The car was later spotted by Le Roy Police at a gas station in Le Roy, and apparently Rumble left the station before refueling.

Because Rumble had a DWI in Alexander in 2005, and he was driving on a revoked license, he was charged with a felony DWI in this case.

Sentencing is set for Oct. 14. He is being held in Genesee County Jail on $5,000 bail.

Robert Thigpen, III, 35, of 287 Flower City Park, Rochester, is charged with burglary, 2nd, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. Thigpen is accused of entering the apartment of an acquaintance on State Street at 10:37 p.m, Monday. He allegedly shoved the victim and threatened the person with a knife. Thigpen was located a short time later by officers Eric Hill and Kevin DeFelice and taken into custody without incident. Thigpen was jailed without bail.

Ricardo Velasquez, 21, of Elba, is charged with Aggravated DWI and speeding. Velasquez was stopped by State Police at 3:45 p.m., Sunday, for allegedly driving 96 mph in a 55-mph zone on Route 262 in Elba. Velasquez was taken to the police barracks and tested for alcohol and allegedly found to have a BAC of .28. Upon further investigation, it was determined that Velasquez is allegedly in the country illegally. Velasquez was jailed on $2,500 bail or $5,000 bond. A detainer was filed by the Border Patrol.

A car stolen from outside a business on Liberty Street this past Thursday night was recovered in a cornfield near Geneseo and the alleged thief apprehended after his girlfriend reportedly turned him in.

Taken into custody by the Livingston County Sheriff's Office was Richard P. Brown III, 21, of Honeoye, on charges of possession of stolen property and criminal mischief.

The 2009, gray Chevy Malibu, which was reportedly stolen from an employee of Ficarilla's Pizza from outside the restaurant, was located by Livingston County deputies after a farmer complained Friday about a car being driven into his cornfield, damaging crops.

Brown was already in jail at the time the car was found, having allegedly gotten into a fight Thursday night with his girlfriend. Following an investigation, he was arrested on the additional charges today.

According to Det. Todd Crossett of the Batavia PD, Brown told his girlfriend about the car, who subsequently told investigators in Livingston County about the connection.

Brown is being held on $5,000 cash bail or $10,000 bond in the Livingston County Jail.

Crossett said the Batavia PD is seeking an arrest warrant so additional charges can be filed in Genesee County. Since Brown is reportedly out on parole, Crossett said he isn't too worried about Brown getting out of jail in Livingston County before the warrant is served.

A Batavia man already facing a prison term for burglarizing a Bethany business in April, 2009, admitted in court today that he sold prescription drugs to an undercover agent.

On the burglary conviction, Michael L. Jackson, 29, of 1 Seneca Ave., is facing a two-and-a-half to seven-year prison term. The drug charge could tack on an additional two years in prison.

Jackson entered a guilty plea to criminal sale of a controlled substance with no guarantee of concurrent sentences on his prior conviction.

On June 10, Jackson pled guilty to burglary, 3rd, two counts of grand larceny, criminal mischief, 4th and witness tampering, 4th.

He admitted to breaking into the offices of Highland High Lift, where he reportedly broke windows to gain entry to offices that were unlocked, stole a truck valued at $19,000 and other items valued at $8,000.

There was reportedly DNA evidence linking him to the scene of the crime.

Jackson's arrest on the drug sale charge was announced Aug. 15. If given consecutive sentences, and the full two years on the drug charge, Jackson would not be eligible for parole until 2016.

Sentencing on both convictions is set for Sept. 8. Meanwhile, Jackson is being held in Genesee County Jail without bail.

Christopher Patrick Ball, 28, of Ellicott Street Road, Batavia, is charged with robbery, 3rd, and criminal possession of a controlled substance, 7th. Ball was arrested following an investigation into an alleged domestic incident at 9:55 a.m., Sunday. Ball is accused of stealing the victim's purse. Upon further investigation, Ball was allegedly found in possession of hydrocodone.

Misael O. Rodriguez, 27, of North Clinton Avenue, Rochester, is charged with unlawful possession of marijuana. Rodriguez was reportedly found at 3:33 p.m., Sunday, by security officers at Darien Lake in a parking lot rolling a joint.

Daniel Lee Ward, 23, of West State Street, Albion, is charged with unlawful possession of marijuana. Ward was stopped  for an alleged traffic violation at 9:54 p.m., Thursday, on Route 98 in Batavia by Deputy Patrick Reeves.

Lloyd Peter Parsons, 49, of Broadway Road, Darien, is charged with unlawful possession of marijuana. Parsons was arrested on a warrant out of Orleans County. At the time of his arrest by Deputy Patrick Reeves, he was allegedly found in possession of marijuana.

Michael Joseph Valtin, 25, of Church Road, Bennington, is charged with endangering the welfare of a child. Valtin is accused of having unwanted physical contact with a child while visiting a campground.

Richard B. Smith, 21, of 4753 East Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Smith was stopped at 2:28 a.m., Sunday, by Sgt. Michael Hare of the Le Roy Police Department on West Main Street, Le Roy.

Elizabeth Anne Geddes, 53, of Stepping Stone Lane, Orchard Park, is charged with DWI, driving with a BAC of .08 or greater, driving while impaired by drugs, driving while ability impaired (alcohol and drugs) and criminal possession of a controlled substance. Geddes was stopped by Deputy Chad Minuto at 7:04 p.m., Saturday, in the parking of Darien Lake during the Tom Petty concert.

Chad Michael Wolter, 39, of Mountain Road, Gasport, is charged with harassment, 2nd. Wolter is accused of throwing his girlfriend to the ground, spitting on her and throwing a beer can at her. The alleged incident occurred at 11:10 p.m., Saturday, at 1575 Sumner Road.

Glenn K. King-McDade, 24, of Somers, is charged with DWI, driving with a BAC of .08 or greater and speeding. King-McDade was stopped at 11:17 p.m., Saturday, by Sgt. Michael Hare of the Le Roy Police Department on Clay Street. King-McDade is accused of driving 53 mph in a 35-mph zone.

Joseph Arthur Julyan, 46, of West Bain Street, Albion, is charged with assault, 3rd, and criminal mischief, 4th. Julyan was allegedly involved in a domestic incident where he pushed, grabbed and twisted another person's shoulders. He also allegedly grabbed the other person's mobile phone when the person attempted to call police. Julyan also allegedly violated the terms of his parole by being out of his county of supervision and drinking. He was jailed on $10,000 bail. New York State Parole was notified.

Jayme Roland Lang, 37, of Lewiston Road, Alabama, is charged with computer tampering, 4th. Lang is accused of changing the password on a woman's computer, denying her access to the computer.

Jose L. Rodriguez, 36, of 28 Voss Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and failure to maintain the driving lane. Rodriguez was stopped at 2:02 a.m., Saturday, by Officer Kevin DeFelice on Oak Street, Batavia.

Eli R. Graves, 20, and Zachary J. Bourque, 20, both of East Aurora, are charged with burglary, 3rd. They were arrested by State Police for an alleged incident in Darien reported at 10:09 p.m., Friday. No further details were released.

James F. Hemmer, 49, of Elba, is charged with criminal mischief. Hemmer was arrested by State Police at 91 South Main St., Elba, for an alleged incident reported at 11:10 a.m., Thursday. No further details were released.

John T. Reagan, 28, of Cheektawoga, is charged with DWI with a conviction in the previous 10 years. Reagan was stopped by State Police on Sumner Road, Darien, at 11:53 p.m., Thursday.

Timothy D. Moore, of Geneseo, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at a stop sign. Moore was stopped by State Police at 10:14 p.m., Wednesday, on Route 63 and Perry Road, Pavilion.

Dispatch has received several calls of a fight on West Main Street near Kingsbury Avenue.

UPDATE 9:51 p.m.: Police on scene. Fight apparently dispersed before police arrived on scene. Officers talking with neighbors.

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A woman was allegedly pushed from a silver Chevy Cavalier somewhere along Route 77 in Pembroke.

The woman is reportedly lying in the road.

The incident occurred near the Flying J.

Pembroke and Indian Falls Fire is responding.

Mercy Flight is on ground standby.

A 16-month-old is reportedly still in the vehicle.

UPDATE 9:48 p.m.: Mercy Flight is not needed. The woman will be transported by ground ambulance.

UPDATE 9:59 p.m.: The woman has reportedly told law enforcement she jumped from the car.

UPDATE 10:03 p.m.: It sounds like the vehicle has been located and the child is safe.

A 23-year-old Erie County man is accused of striking a minivan and another car at the intersection of Sumner Road and Route 77 at 8:29 p.m. yesterday.

The driver then allegedly fled the scene and was later located in East Aurora.

Jonathan Paul Murphy is charged with DWI, aggravated DWI, aggravated unlicensed operation, 3rd, leaving the scene of a personal injury accident and failure to stop at a stop sign.

The driver of the minivan reported some pain to Deputy Eric Seppela, but was not seriously hurt. None of the children in the minivan were hurt, Seppela said.

The driver of the third car was also uninjured.

The hit-and-run vehicle was traced to Murphy after Seppela found a license plate from the vehicle at the scene of the accident.

The vehicle was later found by a witness in Erie County and Murphy was reportedly seen going into a building. He was taken into custody by State Police and transported back to Genesee County were he was evaluated for alleged DWI and charged.

UPDATE: Additional details released by the State Police. Murphy was reportedly found in the area of Two Road Road, Marilla, after Trooper Timothy Roof responded to the area where the car was registered and reportedly found it abandoned on Two Road Road. A nearby resident reported to Roof  that he thought someone was in his back yard. Murphy was reportedly found hiding in a corn field.

A 27-year-old Dunkirk man and his 17-year-old companion were accused of dealing hallucinogenic mushrooms prior to the Tom Petty concert at Darien Lake on Saturday.

Both men were jailed on $5,000 bail.

Brett A. Tofil (pictured, left) of Middle Road, Dunkirk, is charged with possession of a controlled substance, 5th. He was also accused of possessing brass knuckles, leading to a charge of criminal possession of a weapon, 4th.

Also arrested was Joseph W. Kulig II (pictured, right), 17, of Custer Street, Buffalo. He was also charged criminal possession of a controlled substance, 5th.

Additional arrests related to the concert:

Adam J. Phillips, 28, of Redman Road, Brockport, is charged with assault, 2nd, trespass and resisting arrest. Phillips is accused of entering the seating area without a ticket several times. When officers attempted to arrest him, he allegedly fled on foot. When apprehended, Philips allegedly fought with officers, punching one in the face and injuring a deputy's finger. Phillips was jailed on $5,000 bail.

Sarah J. Cooper, 19, of Cree-Ton Drive, Amherst, is charged with unlawful possession of marijuana, resisting arrest and two counts of harassment, 2nd. Cooper was allegedly found in possession of marijuana in a vehicle in the parking lot. She is accused of resisting arrest, thrashing about and attempting to get away while being transported to the security office. While being processed prior to arraignment, Cooper allegedly kicked a corrections officer and also kicked a security guard. Cooper was jailed on $1,000 bail. She had also been issued a citation for alleged underage drinking and additional charges may be pending.

Matthew J. Pasternak, 20, of North Ivy Hurst Road, Amherst, is charged with unlawful possession of marijuana, resisting arrest and harassment, 2nd. Pasternak was allegedly yelling and screaming profanities while in the concert venue parking lot. When officers attempted to arrest him, he allegedly fought with them. He was allegedly found in possession of marijuana while being processed prior to arraignment. While EMT personal attempted to treat him for minor abrasions, he allegedly kicked at the emergency personnel. He was jailed on $750 bail. He also had been issued a citation for alleged underage drinking. Additional charges may be pending.

Jonathan Raymond (AKA John Doe),  21, is charged with trespass. He is accused of refusing to leave the concert venue after being instructed to do so several times. The suspect allegedly refused to cooperate and provide information about himself. He was jailed on $1,000 bail.

James R. Ross Sr., 49, and James R. Ross, 25, of Washington Street, Lockport, were charged with disorderly conduct. They are accused of fighting with Darien Lake security while walking from the concert to the campgrounds. They were jailed on $200 each.

Tyler N. Taylor, 25, of Regent Street, Welland, Ontario, Canada, is charged with trespass. He is accused of refusing to leave the parking lot after being told several times to leave. He was jailed on $400 bail.

Eric M. Hallinan, 20, of Sheldon Road, Orchard Park, Jesse P. Hughes, 20, of Tim Tam Trail, Blasdell, and Clayton T. Bainey, 20, of Troupe Street, Buffalo, are all charged with petit larceny for allegedly stealing a charcoal grill from a car in the parking lot.

Myles D. Macleod, 22, of Cedar Street, Akron,  is charged with disorderly conduct. He allegedly physically threatened an officer while in the concert venue.

Sara N. Rogers, 24, of Country Place, Lancaster, is charged with unlawfully dealing with a child, 1st. Rogers allegedly provided alcohol to minors.

Christopher T. Wailand,  28, of Chapel Glenn Drive, Hamburg, is charged with trespass. Wailand allegedly entered the concert venue without a ticket.

The following people were issued citations for alleged underage drinking:

Rachel R. Pawelski, 18, of Country Place, Lancaster
Kristie C. Dunphy, 20, of Cass Avenue, Cheektowaga
A 17-year-old, of Leawood Drive, Tonawanda
Gregory A. Minkewicz, 20, of Greentree Road, Tonawanda
Alexander B. Kucera, 19, of N. Ellicott Court, Amherst
Jonathan C. Wolf, 19, of Idlewood Drive, Tonawanda
Tony G. Molino, 19, of Herdle Avenue, Buffalo
Allison P. Reinagel, 20, of Canada Strett, Holland
Tracey A. Paglicci, 19, of Harlem Road, Amherst
Robin E. McDonald, 20, Dellwood Street, Amherst
Lyndsey M. Noreek, 20, of Christen Court, Lancaster
Robert C. Sedivy, 20, of Elm Avenue, West Seneca
Cassie J. Pomeroy, 19, of Claudette Court, Cheektowaga
Brock A. Morsch, 19, of W. Liberty Street, Dansville
Michael L. Daniel, 18, of Clinton Street, Dansville
Dustin R. Norton, 19, of Quigghollow Road, Andover
Robb F. Fuller, 19, of Charles Street, Scio
Joshua M. Bierman, 18, of Wadsworth Hill Road, Scio
Casey M. James, 19, of Church Street, Scio
A 16-year-old, of Drum Road, Allentown

Publisher's note: From about 6 p.m. until 11 p.m. last night, I hung out with members of the Sheriff's Office and observed concert day law enforcement activity. Similar to a story we did last year about a night in Darien Court, I'll have a story later this week about Saturday night during the Tom Petty concert.

The following people were arrested by the Genesee County Sheriff’s Department during the Brooks & Dunn concert at Darien Lake Performing Arts Center:

Gregory J. Smith, 23, of Austin Street, Alden, is charged with trespass. Smith allegedly returned to the concert venue after being ejected.

(Name removed upon request), 19, of Heyden Avenue, Orilla, Ontario, Canada, is charged with petit larcney. Gowanlock is accused of stealing Dippin’ Dots while in the Amusement Park. Gowanlock was released on $500 bail.

Alexander Vanloendersloot, 26, of E. Naples Street, Wayland, is charged with disorderly conduct. Vanloendersloot allegedly engaged in a fight in the parking lot of the concert venue. Vanloendersloot was released on $150 bail.

Travis E. Kanaval, 25, of County Route 92, Wayland, is charged with disorderly conduct. Kanaval is accused of allegedly revving his truck engine repeatedly causing annoyance and alarm while in the concert parking lot. Kanaval was released on $150 bail.

Frank W. Hoffman III, 21, of Michigan Street, Wayland, is charged with trespass, resisting arrest and unlawful possession of marijuana. Hoffman is accused of refusing to leave the parking lot and then resisting arrest. Hoffman was also found in possession of a small quantity of marijuana. He was released on $500 bail.

Jamie R. Perkins, 20, of County Route 90, Dansville, is charged with false personation. Perkins is accused of providing deputies with a fake date of birth. Perkins was also issued a citation for possession of alcohol under age 21 after allegedly being found in possession of an alcoholic beverage twice. Perkins was jailed on $300 bail.

A 16-year-old, of Mill Street, Cohocton, is charged with unlawful possession of marijuana and possession of alcohol.

A 16-year-old, of State Route 415, Cohocton, is charged with unlawful possession of marijuana and possession of alcohol.

Hilary E. King, 18, of Coomer Road, Burt, is charged with disorderly conduct and resisting arrest. She is accused of causing a disturbance inside the concert venue.

Tyler A. Austin, 20, of Mill Street, Cohocton, is charged with trespass. Austin allegedly re-entered the concert venue after being ejected. Austin was also issued a citation for allegedly possessing alcohol under age 21.

A 16-year-old, of S. Main Street, Medina, is charged with petit larceny. The youth is accused of stealing a can of beer. He was also issued a citation for allegedly possessing alcohol under age 21.

Bryan E. Ehrhart, 26, of Glendale Avenue, Hamburg, is charged with forcible touch. Ehrhart is accused of touching a female in an intimate area.

Eric A. Eick, 21, of Chestnut Ridge Road, Middleport, is charged with assault, 3rd. Eick is accused of striking another patron causing physical injury.

Ryan J. Eick, 27, of Chestnut Ridge Road, Middleport, is charged with assault, 3rd. Eick is accused of striking another patron causing physical injury.

The following people received citations for alleged underage drinking:

A 17-year-old, of Pleasantside Drive, Wayland
Kevin J. Costello, 18, of East Avenue, Wayland
Kerrie L. Coykendall, 18, of Canadice Road, Springwater
Cassandra M. Dyckman, 19, of University Avenue, Atlanta
Coreena L. Prince, 19, of N. Main Street, Cohocton
Laura G. Rauber, 20, of Route 36, Dansville

On Route 77, Darien, a person jumped out of a black Ford Crown Victoria, ran up to another car and punctured the tires.

The Crown Vic then sped off on Route 77 toward Route 20.

The car is registered at an address in Buffalo.

Erie County Sheriff's is being notified.

UPDATE 1 p.m.: Something is going on with this.  A father has been on the phone with dispatch. A law enforcement officer has said, "well, we can certainly work something out if he's willing to replace the tire." Also, the officer told dispatch to notify Buffalo PD so "they don't have to waste their time."  So, apparently, a subject has been identified and there is more to the story that's not coming across the scanner.

Dispatcher just said the father is returning to Darien and will take care of the tire, purchasing whatever tire needs to be purchased. "He's clearly not happy with his son," the dispatcher said. "He understands what we want?" said the officer. "He's very understanding and cooperative."  Officer: "We can't ask for more than that."