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March 30, 2019 - 8:01pm
posted by Billie Owens in news, batavia, crime, scanner.

A  caller reports a large number of people fighting in the area of Brooklyn Avenue and Pearl Street in the city. Batavia PD is responding.

UPDATE (by Howard): When patrols arrived, most of the people in the area had dispersed, several by vehicle.

March 29, 2019 - 5:32pm
posted by Howard B. Owens in crime, pembroke, news, notify.
saelijacquelinemugf2018.jpg
     Jacqueline Saeli

The ex-boyfriend of a Pembroke woman who destroyed his Harley-Davidson motorcycle in a garage fire Jan. 6, 2018, let Judge Charles Zambito know today that he wasn't happy the 53-year-old woman is able to avoid jail time as part of her plea agreement.

"What kind of lesson will she learn with no prison time or no jail time?" asked Ben Reuben. "Local jail time would be an education for stopping her from doing something like this again."

Zambito told Jacqueline Saeli that both the probation department and Sheriff's Office investigators recommended jail time for her, but in order to send her to jail, he would have to allow her to withdraw her guilty plea and take the case to trial.

He said he wasn't inclined to send her to jail because she has paid $10,000 in restitution. She has a 30-year career caring for other people as a nurse and no prior criminal record. Saeli has successfully completed alcohol abuse treatment on her own.

All of those factors figured into his decision, Zambito said.

Saeli's attorney requested three years probation but Reuben and District Attorney Lawrence Friedman both said they thought five years probation was more appropriate. Zambito agreed that the case called for at least five years probation.

"This case isn't just about you and the victim," Zambito said. "This crime put at risk an entire neighborhood. You set a shed on fire out of anger at your boyfriend. That required volunteer firefighters and the police to show up and deal with a substantial fire. These firefighters are people who are there to serve you and your community and you put them all at risk. What if a volunteer had had a heart attack? How would you have felt if somebody had died because of what you did?"

Though Zambito couldn't send Saeli to jail, he did order to serve 200 hours of community service over the next 18 months and fined her $1,000.

Before being sentenced, Saeli had told Zambito that she was raised by her grandmother who instilled in her a sense of integrity, honesty and accountability, and that "you always do your best to help others."

She said the Jan. 6 incident was prompted by what she thought was a betrayal by two people she trusted. She said she was hurt and distraught and she admitted to drinking that night.

"I can't take back what I've done," Saeli said. "I've lived with regret and shame every day since. I can't believe I did this to somebody I loved. I wish I could take this back but I can't."

Saeli and Reuben didn't look at each other as she left the courtroom.

March 28, 2019 - 4:58pm
posted by Billie Owens in bergen, batavia, crime, news, notify, Le Roy.
     Sylvan Grayson

On March 25, the Le Roy Police Department arrested 19-year-old Sylvan P. Grayson, of Myrtle Street, Le Roy, and charged him with one count each of burglary in the second degree, a Class C felony, and grand larceny in the fourth degree, a Class E felony.

The arrest stems from a complaint that during the evening hours of March 4, people unlawfully entered a residence on Lake Street in Le Roy with intent to commit a crime and stole property while the tenants were away. It is alleged that Grayson stole more than $1,000 worth of property. 

He was arraigned in Le Roy Town Court and released on his own recognizance.

Thomas L. Crawford, 29, of Dorstone Road, Rochester, is charged with third-degree assault -- intent to cause physical injury. Crawford was arrested at 2:30 p.m. on March 25 on Liberty Street in Batavia after he allegedly struck a person in the forehead during an argument, causing a large laceration. He was arraigned in Batavia City Court and jailed in lieu of $2,500 bail. He was due back in city court on March 27. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Jason Davis.

Ryan Christopher Northup, 35, of Chamberlain Street, Rochester, is charged with: aggravated unlicensed operation in the second degree -- mandatory suspension; operating a motor vehicle with without a required ignition interlock device; leaving the scene of a property damage accident; and unlicensed driver -- license revoked. On March 24 in the Town of Bergen, Northup was arrested during a vehicle checkpoint conducted by GC Sheriff's deputies on Route 33. It is alleged that Northup, while attempting to avoid the checkpoint, pulled into a driveway and missed it, striking a drainage culvert and causing damage. He then left the scene of the accident and was arrested at 4:36 p.m. He was arraigned in Town of Bergen Court and put in jail on $1,000 cash bond. He is due in Town of Bergen Court on April 17 to answer the charges. The case was handled by GC Sheriff's Deputy Jeremy McClellan, assisted by Deputy Travis DeMuth. Subsequent to his arrest on the above charges, Northup was arrested at the jail and charged with introduction of dangerous contraband into a prison in the first degree and criminal possession of a controlled substance in the seventh degree. On March 24, while being processed at the jail, Northup was allegedly found with a white substance tucked into his wallet. He was arraigned in Batavia City Court and put in jail on those two charges without bail. He is due back in city court at a later time and date. The contraband case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Sgt. Andrew Hale.

Teesean T. Ayala, 20, of Walnut Street, Batavia, is charged with second-degree burglary. Ayala was arrested March 19 on a grand jury warrant following an investigation into a residential burglary that occurred on Hutchins Street in Batavia at 9 p.m. on Aug. 2. Ayala was jailed without bail and is due in Genesee County Court in May. The case was investigated by Batavia Police Det. Thad Mart.

March 28, 2019 - 4:15pm
posted by Billie Owens in crime, news, notify, batavia, pembroke. grand jury.

Laura L. Dutton, AKA Laura Godlewski, AKA Laura L. Godlewski Dutton-Pontillo, AKA Laura Dutton, is indicted for the crime of filing a false instrument in the first degree, a Class E felony. It is alleged that on May 4 at the Genesee County Clerk's Office that Dutton filed a NYS Pistol-Revolver license application knowing that it contained false information, and with intent to defraud she offered it to a public servant for filing to become part of the public records.

Dennis S. Rogers Jr. is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 3 in the Town of Pembroke that Rogers drove a 2003 Chevrolet on Route 5 while he was intoxicated. In count two, Rogers is accused of DWI, per se, as a Class E felony, for having a BAC of .08 percent at the time. In count three, the defendant is accused of aggravated unlicensed operation in the third degree for driving that day when his license was suspended or revoked. In Special Information filed by the District Attorney, Rogers is accused of having been convicted of DWI as a misdemeanor on June 30, 2011 in County of Monroe Court and also on Sept. 16, 2002 in City of Rochester Court. Those convictions and an additional suspension of Rogers's privilege to drive on July 27 last year, based on failure to pay child support, forms the basis for the suspension or revocation referred to in count three of the current indictment.

March 28, 2019 - 4:02pm
posted by Howard B. Owens in crime, news, notify, batavia.
stonebrakermug2019.jpg leemugmarch2019.jpg batemanmugmarch2019.jpg wilcoxugmarch2019.jpg
    Nikki Stonebraker      Marquise Lee      Angela Bateman      Derek Wilcox
burrmugmarch2019.jpg

      Joseph Burr

 

 

Probation officers reportedly found 56 bags of crack cocaine along with drug paraphernalia and drug packaging material during a check of a residence on Liberty Street, Batavia, yesterday and as a result of a joint investigation by the Probation Department, Child Protective Services, and the Local Drug Task Force, five people were arrested and charged with multiple crimes.

Investigators reported also finding unidentified pills and currency.

Charged were:

  • Marquise L. Lee, 36, of Hobart Street, Rochester, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia 2nd;
  • Angela R. Bateman, 46, of East Main Street, Batavia, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd;
  • Nikki L. Stonebraker, 30, of Liberty Street, Batavia, with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd, criminal possession of a controlled substance, 7th, endangering the welfare of a child;
  • Joseph T. Burr, 25, of North Lyon Street, Batavia, arrested on a warrant for alleged violation of probation and charged with criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd;
  • Derek E. Wilcox, 30, of Congress Avenue, Rochester, criminal possession of a controlled substance, 3rd, a Class B felony, and criminal use of drug paraphernalia, 2nd.

All five suspects were arraigned in Batavia City Court.

Lee was ordered held without bail. Ball was set at $50,000 or $100,000 bond for Burr, who was also ordered held on $5,000 bail for the violation of probation charge. The other three suspects had their bail set at $50,000 cash or $100,000 bond.

March 27, 2019 - 5:57pm
posted by Howard B. Owens in crime, batavia, news, notify.

One of the two men arrested in connection to thefts from local liquor stores, where one man would distract the store clerk and another would enter the back room to steal cash or credit cards, admitted to his crimes today in front of County Court Judge Charles Zambito.

The way career-criminal Edward F. Perdue, 58, seemed to figure it when he walked into County Court today, unless he could persuade Judge Zambito to be a bit lenient with him, he won't get out of state prison until he's 67 years old.

Perdue, arrested in Batavia for entering the backrooms of local liquor stores and stealing cash and credit cards, is currently serving three to six years in the Orleans Correctional Facility on a burglary conviction in Monroe County.

Zambito's choice today was to send him to prison, based on his guilty plea to grand larceny, 4th, in November, for either one and a half to three years or for two to four. Perdue added another twist with his own request of the judge: make his Genesee County sentence concurrent to his Monroe County sentence.

The reason the five-time felon should get a break, according to the felon himself, is that he tipped police to a threat against the life of District Attorney Lawrence Friedman. Perdue said he overheard another inmate on a bus make a threat against Friedman (whose name he kept pronouncing "fryedman" and noted that "I never saw him before today").

"I'm not asking to be released," Perdue said. "I'm asking for my time to be concurrent with the time I'm doing now. I just happened to be in the right place at the right time."

During his talk with the judge, Perdue claimed both that officers did not talk with him about his tip and he also said he spoke with investigators and provided them with the name of the person who he said made the threat.

"The cops said they would help me," he said.

"The detectives said they would come and talk with me and they never did," he said.

"The cops said they would talk with me and I would rather talk with them," he said.

He indicated he thought he deserved a break because he's been labeled a snitch in Orleans.

Friedman, outside of court, said state authorities did investigate Perdue's allegations and found the allegations unfounded.

Zambito noted during sentencing that Friedman asked for the maximum term for Perdue and never mentioned giving him any consideration for his cooperation with police, and without evidence of Perdue's claims, he said he couldn't really consider the request.

What he could consider is Perdue's criminal record going back to 1976 and includes multiple burglaries and other property crimes, a criminal contempt and a manslaughter conviction.

"You're a career criminal," Zambito said. "A career thief." 

He told Perdue, "there's no reason not to give you the maximum allowable sentence and hope that protects society."

The sentence: two to four years consecutive with the term Perdue is currently serving.

Perdue will, in fact, likely spend his 67th birthday in prison.

"I never burglarized anything," Perdue said before he was led from court in a statement that garnered no response from Zambito."Isn't a burglary when you break into some place? I just walked into the backroom of places."

March 25, 2019 - 2:32pm
posted by Billie Owens in news, crime, notify, batavia.

Juaquin E. Davis, 23, of East Main Street, Batavia, is charged with first-degree criminal contempt -- physical contact; first degree criminal contempt -- with a previous conviction within five years; and second-degree burglary -- illegal entry to a dwelling. Davis was arrested on March 21 after an alleged domestic incident on Thomas Avenue in Batavia on March 18 against a person with a complete stay away order of protection. Davis was arraigned in Batavia City Court then jailed in lieu of $5,000 bail. He was due back in city court on March 22. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Marc Lawrence.

Henry L. Banks, 49, of Ross Street, Batavia, was arrested at 12:49 a.m. on March 24 on Ellicott Street in Batavia. He was stopped for a traffic violation and it was shown that a bench warrant for his arrest was issued by Batavia City Court. He was processed and arraigned in city court, then jailed in lieu of $2,500 bail or $5,000 bond. He was due back in city court this afternoon (March 25). The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Stephen Cronmiller.

Aisha I. Culver, 20, of Thomas Avenue, Batavia, was arrested on a Batavia City Court warrant March 17 after she failed to appear in court on a traffic summons. Culver had previously been charged with: aggravated unlicensed operation of a motor vehicle in the third degree; operating a motor vehicle with a suspended registration; and various other traffics infractions. She was released on her own recognizance. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Jason Ivison.

Jordan R. Rose, 18, of Maple Street, Batavia, is charged with: criminal possession of marijuana in the fourth degree -- weight more than two ounces; and criminal possession of a controlled substance in the seventh degree. Rose was arrested at 10:45 a.m. on March 22 following a search by the Probation Department of his residence. He was allegedly found in possession of marijuana and miscellaneous drug paraphernalia. Rose was arraigned in Batavia City Court and jailed in lieu of $1,500 cash or $2,000 bond. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Marc Lawrence.

March 24, 2019 - 2:40pm
posted by Billie Owens in crime, news, notify, batavia, bergen, Le Roy.

Amanda Marie Bowles, 33, of State Street, Batavia, is charged with: second-degree forgery -- four counts; first-degree identity theft -- four counts; criminal possession of stolen property in the fourth degree -- five counts; and one count of third-degree identity theft. Following an investigation of multiple credit cards stolen out of the Town of Batavia, Bowles was arrested on March 20 for allegedly using the stolen credits cards at multiple locations around the City of Batavia. She also allegedly completed some transactions by forging the signature of the credit card owner. She was arraigned on March 21 in Batavia City Court and jailed without bail. The case was investigated by Genesee County Sheriff's Deputy James Stack.

Woodrow Clarence Horseman, 43, of Porter Avenue, Batavia, is charged with fourth-degree grand larceny and petit larceny. He was arrested March 22 for allegedly stealing a wallet at 5 a.m. on March 21 at a location on West Main Street Road, Batavia. The wallet contained nine credit cards and other personal documents. He was arraigned in Batavia Town Court and put in GC Jail on $2,500 cash or bond. He is due back in court on April 9. The case was handled by Genesee County Sheriff's Deputy James Stack.

Yacuzzo Salvatore, 73, of Oak Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 12:30 p.m. on March 21 on Red Mill Road, Le Roy, for allegedly violating a stay away order of protection. He was issued an appearance ticket for Le Roy Town Court and is due there April 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Richard Dean Neal, 29, of Roosevelt Highway, Kent, is charged with fourth-degree criminal mischief. Neal was arrested on March 18. It is alleged that at 5:28 p.m. on March 16 that he damaged another person's vehicle while in the Walmart parking lot. He was released on an appearance ticket for April 1 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Aaron Lee Heale, 38, of North Lake Road, Bergen, is charged with: introducing dangerous contraband into prison in the first degree; fifth-degree conspiracy; and falsifying business records in the first degree. On March 14, Heale allegedly conspired to have drugs brought into the Genesee County Jail. He is currently incarcerated there. He is due in Batavia City Court tomorrow (March 25) to answer the charges. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Ryan Young.

Amethyst Rose McCracken, 31, of North Lake Road, Bergen, is charged with: introducing dangerous contraband into prison in the first degree; criminal possession of a controlled substance in the seventh degree; and fifth-degree conspiracy. It is alleged that at 9:48 p.m. on March 14, that she brought drugs into the GC Jail. She was arraigned in Batavia City Court on March 23 and is due back there tomorrow (March 25). The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Ryan Young.

Joseph G. Sumeriski, 27, of Batavia, was arrested by deputies of the Wyoming County Sheriff's Office on March 16 in the West Municipal Parking Lot in the Village of Warsaw on a warrant for allegedly failing to pay restitution ordered by Warsaw Village Court. He was arraigned in Village of Warsaw Court then posted cash bail. Warsaw police assisted at the scene. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan and Deputy John Button.

March 23, 2019 - 3:10pm
posted by Howard B. Owens in warrants, news, crime.
ashleyhaydenmug2019.jpg kaniponderwarrant2019.jpg  

Ashley N. Hayden, age 27, white female, 5’6” brown hair, green eyes LKA  Upper Clark Ave VanEtten, NY

Bench Warrant – Wanted for harassment 2nd PL 240.26-3 (violation) Darien Town Court DOW 7/14/15

Kani Ponder, age 22, black female, 5’00” 115 lbs., black hair, brown eyes LKA Berlin Street, Rochester, NY

Arrest Warrant – Wanted for criminal impersonation 2nd PL 190.25-1 (misdemeanor) Pembroke Town Court DOW 2/5/19

 

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Horatio Coleman,  age 64, black male 5’11” 155 lbs., black hair, brown eyes, LKA Oak Street, Batavia, NY

Arrest Warrant – Wanted for petit larceny PL 155.25 (misdemeanor) Batavia Town Court DOW 8/27/15

Adam M. Dolby, age 35, white male 5’8” 240 lbs., brown hair, green eyes, LKA Telephone Road, Pavilion, NY

Arrest Warrant – Wanted for escape 3rd PL 205.05 (misdemeanor) Pavilion Town Court DOW 4/7/15

Miguel Hernandez-Gonzalez, age 35, hispanic male, 5’6” 140 lbs., brown hair, brown eyes, LKA  East Road, Bethany, NY (No photo available) Arrest Warrant – Wanted for DWI & Drove W/.08 percent or more BAC, VTL 1192-3 & 1192-2 (misdemeanors) Bethany Town Court DOW 1/9/19.

Robin S. Johns, age 55, white female, 5’3” 120 lbs., brown hair, blue eyes, LKA  Fisher Road, Oakfield, NY (No photo available) Arrest Warrant – Wanted for issuing a bad check, PL 190.05 (misdemeanor) Oakfield Town Court DOW 6/21/16.

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

March 23, 2019 - 2:03pm
posted by Howard B. Owens in crime, news, notify, batavia.
mugkeithwhitemarch2019.jpg
     Keith White

An inmate in the Genesee County Jail is accused of introducing dangerous contraband into the jail after receiving a birthday card allegedly containing a controlled substance.

Keith White, 47, of North Tonawanda, faces numerous other charges. Besides introducing dangerous contraband, a felony, he is charged with 16 counts felony falsifying business records, 1st, criminal solicitation, 4th, conspiracy, 5th, and 60 counts of falsifying business records, 2nd. 

White, who is being held on a petit larceny charge from July, is accused of using the PIN numbers of other inmates to make telephone calls.

The date and time of the incidents were between November and February.

Deputy Ryan Young is leading the investigation.

White was arrested last July in Batavia, accused, along with Jeffery P. Wozniak, of Niagara Falls, of stealing steaks, lobster, shrimp, a roast and several household items from Top's Market. That case is still pending.

He is being held on the new charges without bail because of prior felony convictions. He's been incarcerated three previous times on burglary and robbery charges. His most recent stint in state prison was from 2001 to 2016 on a robbery conviction in Niagara County. He was released from parole in February 2018.

Updated at 2:30 p.m. with additional information about the case.

March 22, 2019 - 8:05pm
posted by Howard B. Owens in crime, batavia, notify, news.

 

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balckshearmugsamuelmarch2019.jpg
  Samuel Blackshear

When Samuel Blackshear shot Nathaniel Wilson on Central Avenue one evening last May, Blackshear was exercising "street justice" Judge Charles Zambito told the young man today at his sentencing on an illegal weapon conviction.

It wasn't a matter of self-defense, as defense attorney James Hinman contended, Zambito said. The judge said he believed there was a prior dispute between Blackshear and Wilson, even before Wilson showed up with a knife and stabbed and killed Terry Toote, and that Blackshear knew a woman he was with had a gun and that he expected to be handed the gun if he needed it.

Blackshear was denied youthful offender status and sentenced to three and a half years in state prison followed by two and a half years on parole, which is the mandatory sentence for a conviction on a count of criminal possession of a weapon.

The father of Samuel Blackshear, who was 17 at the time of the incident, said he was disappointed that Zambito denied his son a chance to go to school, get a job, and try to get on a path toward a productive life.

"I came here today expecting justice for my young son," Billy Blackshear said. "I'm not trying to make excuses for him. I'm not saying that he was in the right for how he reacted, but considering the factors that placed him in that situation...with him being a young person, you have the influence of television, you have the influence of peers, you have so many negative influences that could have carried him even worse than the way he reacted and he did not."

Before sentencing Blackshear, Zambito meticulously reviewed the law, the criteria that must be met for a finding youthful offender status, and the circumstances of the case.

Many new details about the murder of Toote and the shooting of Wilson on Central Avenue on May 17 came out during today's hearing.

Youthful offender status is reserved for those cases, Zambito said, where there are mitigating circumstances and where the defendant may have acted in haste and thoughtlessly. The judge making a Y.O. determination must consider the gravity of the circumstances, the defendant's prior record, prior acts of violence, the reputation of the individual, whether the defendant cooperated with police and prosecutors, the defendant's attitude, and whether the defendant has displayed respect for the law.

Y.O. status is mandated if the perpetrator is between 15 and 19 years old at the time of the offense but the conviction is for a misdemeanor. In this case, Blackshear admitted to a felony.

If the case involves an armed felony, as this was, Zambito said, then mitigating circumstances come into play.

In their remarks to Zambito prior to Zambito discussing his decision, District Attorney Lawrence Friedman said there were no mitigating circumstances and dismissed assertions by the defendant's attorney, Hinman, that Blackshear acted in the defense of himself and others. Hinman passionately and exhaustively argued that there were mitigating circumstances and this his client did act in defense of himself and others.

Friedman argued that Blackshear, who had little experience, he said, with handguns, and no prior training in defending others, acted recklessly and without regard to the safety of others in the vicinity when he fired three shots at Wilson. After Wilson attacked Toote, he said Blackshear walked over to a nearby car, took a gun from the driver, and immediately turned around and started firing.

"That wasn't self-defense the first time he fired it," Friedman said. "It wasn't self-defense second time he fired it. It wasn't self-defense the third time he fired it. That was not self-defense."

If it was self-defense, Friedman argued, then why didn't Blackshear stick around after the shooting? Why did he flee instead of talk to the police? Why wasn't he cooperative with investigators once he was located? Friedman asserted the Blackshear has been unwilling to help police locate the handgun he used and that the gun is still missing.

Hinman argued that all available physical evidence, in particular, a video camera mounted on a utility pole on Central Avenue at the time of the shooting, shows Blackshear acted in defense of himself and others. He said it showed Wilson arrive on scene and within 10 seconds, attack Toote, kill him, and then immediately brandish the knife at other people in the area.

Other than his possession of the gun, Hinman said his client did nothing illegal. He suggested the other charges against Blackshear -- attempted assault in the first degree, assault in the second degree -- where satisfied in the plea agreement because Blackshear could have made a credible case to a jury that he acted within New York law to defend himself and others.

"Maybe he (Wilson) would have stabbed other people if he had not been shot," Hinman said. "That doesn't make Mr. Blackshear a hero but he stopped illegal acts."

As for Blackshear's leaving the scene of the shooting before police arrived, Hinman said that's the normal reaction of a black youth today.

"I would submit that a young black man in this day and age has a good reason to not stick around and talk to police," Hinman said. "Nor does he have the obligation to stick around and talk with police."

As for helping police find the gun, Hinman said his client told police that he handed the gun to a third party to take care of and that he has no direct knowledge as to the gun's whereabouts. He said that third party may have cooperated with police in locating the gun but since that person wasn't assured immunity from prosecution he hasn't cooperated. He did say police learned the gun may have been dropped from a bridge into a creek and a search was undertaken to try and locate the gun but it wasn't found. None of that, Hinman said, could be blamed on his client.

Hinman disputed statements Wilson made in a presentence probation interview where Wilson apparently asserted that Blackshear shot him because of a prior dispute and that Blackshear was looking for a confrontation with Wilson.

"It's nothing more than an attempt by Wilson to make himself a victim," Hinman said. "He's the one who set everything in motion."

Zambito, however, gave some weight to Wilson's account of the incident.

"I have no sympathy for Nathaniel Wilson," Zambito said. "He is convicted of murder and he is in jail for a long time, and deservedly so."

But, Zambito said, some of Wilson's statements are corroborated by the evidence on the pole cam video recording as well as mobile phone recordings by witnesses.

In order to find mitigating circumstances, Zambito said he would have to be convinced that Blackshear acted on the spur of the moment to defend himself and others but Zambito said the evidence suggested otherwise.

For example, well before Wilson arrives, a black sedan is seen on Central Avenue. At one point, the driver gets out and retrieves what appears to be a handgun from the trunk of the vehicle. Later the car leaves Central Avenue and returns. The car leaves again and reappears just before Wilson shows up. After Wilson stabs Toote, Zambito said, Blackshear is seen moving toward Wilson, who is turning to leave, and then sees the sedan and walks over to it and is immediately handed a gun by the driver of the vehicle.

"That tells me," Zambito said, "that he (Blackshear) was looking for that car and he expected to be handed the gun."

He said audio from mobile phones show that several people cried out "Sam," which Zambito took as a verbal attempt by witnesses to tell Blackshear to not fire any shots but that Blackshear fired anyway.

Wilson contends he and Blackshear had a prior dispute over Wilson hitting a girlfriend and that Wilson had tried to apologize and Blackshear refused the apology. He said even in a phone call earlier that day, Blackshear had refused the apology and hung up on him.

He said Blackshear had referred to himself as a member of the "L Gang" and that members of the "L Gang" would be looking for Wilson (outside of court, Friedman said "L Gang" may refer to a group of youths who grew up on Lewis Place and applied that moniker to themselves).

While acknowledging that Blackshear's natural impulse may have been to leave the scene and that he had no obligation to stay at the scene, his failure to do so did display a lack of cooperation with police, and one of Zambito's findings must include cooperation with police for Youthful Offender status. Further, Blackshear did not come forward voluntarily the next day. When he was located, he was at the residence of the adult who gave him the gun, playing video games.

As for Blackshear's criminal record and good conduct, Zambito said Blackshear had been arrested once, granted youthful offender status once, and was on probation at the time of the May 17 incident. He also said that Batavia PD and Sheriff's Office reported 26 negative contacts with Blackshear in the prior two years. He said Blackshear had been accused of shooting another person with a BB gun.

"And he's only 17 years old," Zambito said.

Citing district official at BOCES, Blackshear was characterized as having us vs. them attitude, of disrespecting authority, of hanging out with other youths who caused trouble.

In the presentence report, probation officers recommended against Y.O., and detectives Thad Mart and Kevin Czora, the lead investigators on this case, also recommended against Y.O. status.

"It was only by sheer luck that his reckless behavior didn't result in killing or seriously wounding a bystander," Mart wrote in his letter to the court.

Zambito said he took all of that into consideration in coming to his conclusion.

"The defendant attempted street justice," Zambito said. "He put at risk an entire neighborhood. Even Nathaniel Wilson recognizes the loss of life in this incident was over something very senseless and I have to agree with him. I have to believe this defendant was complicit."

Billy Blackshear said his son was raised well, as the grandson of a beloved local pastor, the late Reverend Oraid Blackshear of Mount Zion Missionary Baptist Church on Ellicott Street, and as the son of a man who has never been arrested or spent a night in jail.

But outside court he said he can't help but wonder if he did enough to prepare his son for dealing for life in today's society.

"As a parent, I wish I would have done more," Billy Blackshear said. "I think that's something that maybe a lot of parents say when bad circumstances happen. I said the same thing about my brother when he passed. I wish I could have had a chance to say goodbye to him. I wish there were words that I could have said to him had I known that would be the last time I saw him.

"I didn't get that chance and I feel that same sense of sadness and remorse in this particular case. I wish I could have spent more time or that I could have done or something, or something I could have said that would have better prepared him for such horrendous circumstance."

There's a lesson in this case for all of us, Billy Blackshear suggested.

"I think that young people are too busy being raised and being influenced by outside forces that gave other people monetary value," Blackshear said. "You know there's money to be made on telling kids you should be this way, to have a violent attitude, or look at, you know, you don't have to listen to the rules or anything like that. I'm not saying that's what Samuel was influenced by (that) but I'm saying that there is more negative input than ... positive.

"And so we as parents have to step up. I think the system has to step up as well. Hand-in-hand cooperate in order to be a counterbalance to the things that are steering our young people into the feeling hopelessness and anger and just frustration. We need to start putting hope back inside these young people. We need to start giving them better options. We could do more. There's always more that can be done." (View the full video at the top of this story for all of Mr. Blackshear's comments after the hearing.)

Zambito thinks it's time for Samuel Blackshear to step it up and use his time in prison to take advantage of programs that will help him be more productive and move his attitude away from "us vs. them."

"If you don't," Zambito said, "you're either going to spend a lot of your life in jail or you're going to wind up dead like Terry Toote."

March 18, 2019 - 2:56pm
posted by Billie Owens in crime, news, notify, batavia, Darien.

Lee George Ezzell, 64, of Genesee Street, Darien, is charged with second-degree harassment. At 10 a.m. on March 17 on Genesee Street in Darien, Ezzell was arrested. It is alleged that with intent to annoy, harass, or alarm a person, he used an open hand to strike that person in the back of the head. Ezzell was issued an appearance ticket for April 2 in Darien Town Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen

Joey Aaron Evans, 28, of State Street, Batavia, is charged with petit larceny. At 4:03 p.m. on March 16, Evans was arrested after he allegedly stole two Dyson V6 vacuums from Walmart. He was arraigned then released on his own recognizance. He is due in Batavia Town Court on April 9. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Michael Lute.

Mary Ellen Bruton, 63, of Gilman Road, Churchville, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or higher; and having a vehicle stopped, standing or parked on a highway. She was arrested at 10:32 p.m. on March 17 on Park Road in Batavia following a traffic stop. She was issued an appearance ticket and is due in Batavia Town Court on April 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jeremy McClellan.

Justin T. Gladney, 29, of North Spruce Street, Batavia, was arrested on March 13 at 11:37 a.m. on Hutchins Street in Batavia on three separate warrants issued by Batavia City Court. One was a bench warrant for failure to appear. The second was an arrest warrant for failure to appear on an appearance ticket. These were in connection to two petit larceny charges. The third warrant was for first-degree falsifying business records and criminal impersonation in the second degree -- for allegedly giving a false name to the police and while being fingerprinted at the GC Jail. Gladney was put in jail with bail set at $2,500 cash or bond on the first two warrants and bail of $15,000 cash or bond for the new charges that garnered the third warrant. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Daniel Coffey.

Pablo Abdiel Cintron Guzman, 18, of Central Avenue, Batavia, is charged with unlawful possession of marijuana. He was arrested at 4:54 p.m. March 17 on Park Road in Batavia following a traffic stop. He is due in Town of Batavia Court on April 4. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Hale.

March 16, 2019 - 11:58am
posted by Howard B. Owens in crime, batavia, news.

A caller reports that a woman showed up at a residence on Williams Street in Batavia and knocked the windows out with a shovel.

She then left in a dark-colored Ford pickup truck.

Police are searching the area.

March 15, 2019 - 6:35pm
posted by Howard B. Owens in crime, batavia, news.
brokaw2018mug.jpg
      Adam Brokaw

A 43-year-old Batavia resident admitted in Genesee Count Court this week to one count of sexual abuse, 1st, for a sexual act involving a woman deemed to be incapable of giving consent.

Adam Brokaw, of Northern Boulevard, faces up to 10 years on probation and six months in jail following the guilty plea.

Sentencing is scheduled for 2:30 p.m., April 26.

Brokaw, at the time of his arrest in July, was a corrections officer at the Albion Correctional Facility.

Investigators said at the time that the incident took place at 2 a.m., Nov. 11, after a party at his residence.

March 15, 2019 - 3:19pm
posted by Billie Owens in news, crime, notify, batavia, Alabama.

Kendra Kenyon, 22, (pictured left) and Dominic Beck, 23, (pictured below right) both of Batavia, no addresses noted, were among 12 people arrested recently by the Wyoming County Drug Task Force and accused of selling and/or manufacturing drugs throughout Wyoming County over the past year or so. Kenyon and Beck were the only defendants from Genesee County arrested in the sweep.

On March 13, Kenyon was charged with criminal sale of a controlled substance in the fourth degree and conspiracy in the fourth degree. It is alleged that Kenyon and Beck agreed to sell suboxone to an individual in the Village of Attica on Feb. 8. Both allegedly travelled to Attica with the intentions of selling the drug to another subject at which time they were arrested by Task Force Members and Wyoming County Probation officers who were waiting for them when they arrived to sell the drugs.

Kenyon is currently in the Wyoming County Jail in lieu of $15,000 cash bail, while Beckwho was arrested on the same charges March 8, has since posted bail. 

The Wyoming County Drug Task Force is a multi-agency unit with members from the Sheriff’s Office, Warsaw, Perry, Attica, and Arcade Police Departments, which all participate.

Tonya Lee Buzzell, 36, of Liberty Street, Batavia, is charged with: third-degree bail jumping; false personation; violation of the Family Court Act; criminal possession of a controlled substance in the seventh degree. Buzzell was located in Erie County and arrested on March 13 on four warrants then turned over to the Genesee County Sheriff's Office. Following her arraignment in Genesee County Family Court, she was released on her own recognizance. Next she was arraigned in Batavia City Court regarding the false personation charge and released on her own recognizance. Afterward, she was jailed in lieu of $1,500 bail on the criminal possession of a controlled substance charge and $10,000 bail on the third-degree bail jumping charge. Additional charges may be pending. She is due in city court April 24. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Sgt. Thomas Sanfratello.

Sharnice Shantell Gibson, 27, of Frank Street, Medina, is charged with: aggravated driving while intoxicated -- with a passenger less than 16 years of age; DWI; two counts of endangering the welfare of a child; and loud exhaust. Gibson was arrested March 14 on Alleghany Road in Alabama following a complaint of an erratic driver. She was arraigned in Town of Alabama Court and jailed in lieu of $2,500 cash or $5,000 bond. She is due in Town of Alabama Court on April 4. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Erik Andre.

Jamie Leigh Ayala, 39, of Walnut Street, Batavia, is charged with fourth-degree grand larceny and petit larceny. Ayala was arrested at 6:29 p.m. on Feb. 28 at Palm Island Indoor Water Park on Park Road in Batavia after allegedly stealing and preventing the return of a wallet containing three credit cards and other personal documents while at the water park. Ayala is due in Batavia Town Court on April 4 to answer the charges. The case was handled by Genesee County Sheriff's Deputy James Stack.

March 15, 2019 - 1:27pm
posted by Howard B. Owens in crime, batavia, news, notify.
polkleonamug2019.jpg
       Leona Polk

A 39-year-old resident of West Main Street Road, Batavia, has been arrested and accused of selling a quantity of methadone to an agent of the Local Drug Task Force on two occasions.

Leona J. Polk is charged with two counts of criminal sale of a controlled substance 4th, a Class C felony.

Polk was arraigned in Genesee County Court on Thursday and given her status as a lifelong Batavia resident and her lack of any prior criminal record, she was released on her own recognizance. 

She was arrested March 8 and held without bail until her appearance before Judge Charles Zambito on Thursday.

She is accused of making the sales on June 17 and 18.

March 14, 2019 - 11:35pm
posted by Howard B. Owens in crime, batavia, news, notify.

The sentencing of Samual Blackshear, the Batavia teenager who shot murderer Nathaniel Wilson in the leg after Wilson had stabbed Terry J. Toote outside a residence on Central Avenue, was delayed again today because his attorney received information that could effect Blackshear's eligibility for youthful offender status.

Blackshear entered a guilty plea in November to a single count of criminal possession of a weapon.

The plea agreement, which satisfied an indictment that included counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree, came with the promise that Judge Charles Zambito would consider granting the then 17-year-old youthful offender status. That would seal his court and criminal record in this case; the defendant is then never required to disclose the conviction to colleges or on job applications.

In preparing for sentencing, James Hinman did not receive a victim's statement from Wilson and did not believe such a statement existed.

Today, he learned that while Wilson did not make a victim's impact statement, he did make statements during his interview for his own pre-sentence investigation, that could have a bearing on the Blackshear case. Hinman asked for time to review those statements.

The content of Wilson's statements was not revealed in court.

In defending Blackshear, Hinman has maintained that Blackshear acted to protect the lives of people at the scene of May 17 murder. While the justification defense might have swayed a jury on the assault charges, Hinman did not dispute that Blackshear came into possession of a handgun he wasn't licensed to carry.

The gun allegedly came from Jennifer Urvizu-Hanlon, 48, then a local businesswoman, who did have a license for the gun. Her case is still pending.

Blackshear's case was continued to 3:30 p.m., March 2.

Even if granted youthful offender status, Blackshear could still be sent to prison for up to four years, or Zambito could put him on probation immediately.

Wilson, who admitted to second-degree murder, was sent to prison for a minimum of 20 years.

March 14, 2019 - 11:04pm
posted by Howard B. Owens in crime, pembroke, news, crime victims rights week.

crimevictimsweek2019promo.jpg

Crime Victims' Rights Week in Genesee County will be commemorated April 7-13 with a special presentation at Genesee Community College from 8:15 a.m. to 1 p.m. on Monday, April 8, examining a fatal car accident that has become a key part of Genesee County history.

"Honoring Our Past. Creating Hope for the Future" will look back on a 1987 head-on collision that took the lives of three students in Pembroke and their driver's education instructor.

The panel for the discussion includes: 

  • Sheriff's Office Crash Scene Investigator -- Judge James Orr
  • Prosecuting District Attorney -- Judge Robert C. Noonan
  • Pembroke School teacher -- Gregory Kinal
  • Family members: Deputy Patrick Reeves

Reeves is the brother of Rhonda Reeves, who was 17 the day a car driven by Lyndon Goodell, then 23, hit the car she and her classmates were in. Also killed were students Eric Hamm-Johnson, Mindy Beals, and 55-year-old instructor Patrick Collins.

Goodell, a Batavia resident who had already served a stint in prison for burglary, was eventually convicted of manslaughter and vehicular manslaughter. He was sentenced to seven to 15 years in prison.

A wrongful-death lawsuit filed by the victims' families found Goodell and his passenger, Carol Rokicki Elder, equally at fault. Rokicki Elder gave Goodell the keys to her car and the bottle of whiskey that they shared.

In next month's presentation, the impact of the trauma will be discussed and details will be shared about how those involved were able to work through the heartbreak and also make positive changes for the future.

The cost to attend is $10; students and seniors pay $5. Make checks out to: Genesee Justice (You can write Criminal Justice Day 2019 in the memo line.)

To attend this event, mail payment by April 1 along with your name, address, city, state, Zip code, phone # and email address.

Mail to:

Genesee Justice
14 W. Main St.
Batavia, NY 14020

For more details or questions, contact Holly McAllister, of Genesee Justice, at 344-2550, ext. 3929, or email her at:   [email protected]

Click here for a PDF registration form.

Photo: Crime victim's week committee: Bob Riccobon, Sue Gagne, Gregory Kinal, Catherine Uhley, Kimberly Perl, Judge Robert Noonan, Undersheriff Brad Mazur, Rosanne DeMare, Assistant Chief (Batavia PD) Todd Crossett, and Deputy Patrick Reeves.

For previous coverage of the event planned April 8, 2019, click here.

March 13, 2019 - 6:23pm
posted by Howard B. Owens in crime, Darien, news, notify.

A grand jury stenographer has allegedly been audio recording grand jury proceedings, which isn't legally permissible, and the attorneys for Jennifer L. Serrano think the stenographer's actions are enough to get a second-degree vehicular manslaughter charge dismissed.

The 48-year-old Serrano was charged following the Aug. 11 death of 18-year-old Connor Lynskey after a Jason Aldean concert in Darien.

"I was not aware of the recordings until recently and as a matter of an ethical obligation, I notified the defense attorneys involved," said District Attorney Lawrence Friedman.

While attorneys Frank LoTempio III, and Jack Sanchez have filed a motion seeking dismissal of the grand jury indictment against Serrano, Friedman doesn't believe the recordings jeopardize the case.

"We do not believe, regardless of what the court decides, it will result in the dismissal of the indictment or lead to anything that would delay the case."

Friedman has until April 5 to file his answer to the motion with the court and Judge Charles Zambito may conduct a hearing on the motion April 25 at 1:30 p.m. LoTempio and Sanchez have asked to put the stenographer on the stand at the hearing. It will be up to Zambito to decide if there should be a hearing and whether to call the stenographer to the stand.

The recordings, if made, are a potential violation of New York's Judiciary Law, though Friedman disagrees with the analysis by LoTempio and Sanchez that the recordings rise to the level of a misdemeanor. Friedman isn't anticipating any charges in the case.

Friedman's office had no prior knowledge of the recordings and did not benefit from the recordings. The stenographer is an independent contractor and is not employed by the District Attorney's Office.

The stenographer was using a shorthand machine manufactured with the recording capability built right into the device, which is why the DA's office was not aware of the recording being made. Such a mahcine may be permissible in other legal proceedings but in New York, not in a grand jury proceeding.

Assistant District Attorney Shirley Gorman discovered the fact that the recordings were being made and brought it to Friedman's attention.

Friedman and the ADAs in his office have notified defense attorneys about the recordings but he didn't have a count for how many cases that might involve. As for as his own cases, only one other defense attorney has filed a motion related to the recordings.

"The bottom line, I really believe, is this is not going to be an issue that is going to impact cases," Friedman said. "We’re not concerned that we’re going to have indictments dismissed or any that severe as a result of this."

As for Serrano, if the case does go to trial, LoTempio said the defense is ready to proceed. They plan to bring forward an expert witness who will testify that Lynskey was intoxicated and either walking or running in the lane of traffic when he was struck.

The defense will argue that Lynskey was at fault in the accident, LoTempio said.

They also believe there is evidence to indicate that Serrano didn't know she had struck a person and therefore didn't have the requisite knowledge to be charged with leaving the scene of a personal injury accident.

The accident occurred Aug. 11 on Sumner Road. Lynskey was with friends and family at the Aldean concert at the Darien Lake Performing Arts Center. They were camping at Darien Lakes State Park. After the concert, the group started on foot back to the campground. The Sheriff's Office report of the accident indicated Lynskey decided to run ahead and catch up with a friend. When both groups were back at the camp, they realized Lynskey was missing. Law enforcement searched the area that night but did not find Lynskey. His body was found the next day in a ditch by the side of the road.

Serrano had been stopped and charged that night with a DWI. The accident may have occurred about a half hour before she was arrested. Through leads, Sheriff's investigators identified her as a suspect in the fatal accident.

March 13, 2019 - 4:11pm
posted by Billie Owens in news, notify, crime, batavia.

Josselyn A. Scott, 57, of Back Creek Road, Boston NY, is charged with driving while intoxicated with a previous conviction within the last 10 years, and driving with an open container of alcohol in a motor vehicle while on the highway. Scott was arrested at 5:31 p.m. March 10 for felony DWI and drinking in her car after she was allegedly observed leaving the scene of a property-damage accident on the Thruway, then seen sitting in the parking lot of 200 Oak St., Batavia, with her vehicle running. She was arraigned in Batavia City Court then jailed without bail. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Timothy D. Eastridge, 41, of Chestnut Street, Batavia, is charged with: endangering the welfare of a child; unlawful possession of marijuana; and criminal possession of a weapon in the fourth degree -- previous felony conviction. Eastridge was arrested following a Child Protective Services home visit at 11:24 a.m. on March 8. Eastridge allegedly had smoked marijuana in close proximity to his children and he was allegedly found to possess a .22-caliber rifle. He was issued an appearance ticket and is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Stephanie M. Hartgrove, 30, of Chestnut Street, Batavia, is charged with endangering the welfare of a child. She was arrested at 11:24 a.m. on March 8 after a Child Protective Services investigation where Hartgrove allegedly allowed her live-in boyfriend to smoke marijuana in close proximity to "their children in common." She was issued an appearance ticker and is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

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