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Law and Order: Batavia woman accused of falsely reporting sexual assault

By Howard B. Owens

Kaila S. Smith, 27, of Batavia, is charged with filing a false written statement and falsely reporting an incident. Smith is accused of falsely reporting a sexual assault on Jan. 5. She was arrested on Jan. 13 and issued an appearance ticket.

Michael A. Sweet, 37, of Batavia, is charged with grand larceny 4th. Sweet is accused of taking payment to complete renovations on a residence in Batavia and then never completing the work. He was issued an appearance ticket.

Maverick X. Cook, 18, and Patrick J. Peters, 18, both of Batavia, are charged with open burning. Cook and Peters are accused of starting several fires on sidewalks and parking lots in the area of Ellicott Street and Liberty Street, Batavia, in December. Both were issued appearance tickets.

Darrell Laverne McFadden, 53, of Clinton Street Road, Batavia, is charged with assault 2nd. McFadden is accused of causing serious physical injury during a fight at 12:30 p.m. on Jan. 19, at a location on Clinton Street Road. He was jailed pending arraignment.

Jessica B. Eschenlauer, 34, of Batavia, is charged with burglary 2nd, criminal contempt 2nd, and aggravated family offense. Eschenlauer is accused of being inside a residence in violation of an order of protection. She was arraigned and released.

Roger M. Hofmeier, 22, of Batavia, is charged with criminal possession of a weapon 3rd. In July 2022, Hofmeir was allegedly found in illegal possession of a firearm. He was arrested on Jan. 11, arraigned in City Court, and released under supervision.

Nikkia M. Blackshear, 26, of Batavia, is charged with trespassing. Blackshear is accused of refusing to leave 7-Eleven on Jan. 20. She was issued an appearance ticket.

Adrienne S. Bechtold, 28, of Batavia, is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd. Bechtold was charged following a traffic stop on Jan. 18 on Ross Street, Batavia. She was allegedly found in possession of narcotics and a scale. She was issued an appearance ticket.

Vincent J. Disalvo, 48, of Webster, is charged with harassment 2nd and trespassing. Disalvo is accused of kicking another person during a fight in the 7-Eleven Parking lot. He then allegedly entered the store after being told he wasn't allowed in the store. He was issued an appearance ticket.

Anthony A. Bomasuto, 29, of Batavia, is charged with criminal obstruction of breathing. Bomasuto is accused of being involved in an incident on Jan. 15 on Ellicott Street, Batavia. He was arraigned and released.

Trace G. Brewer, 23, of Batavia, was arrested on a warrant. Brewer was wanted on charges of petit larceny and conspiracy 6h.  She was allegedly involved in a theft with another person of merchandise from 7-Eleven. She was arraigned and released.

Lorrie Beth Fischer, 45, of Park Road, Batavia, is charged with misapplication of property. Fischer is accused of possessing another person's property on Dec. 29 and, rather than returning it, selling it. She was arrested by Deputy Mason Schultz on Jan. 22. She was issued an appearance ticket.

Nicole K. Dell, 38, of Silver Springs, was arrested on a warrant on Jan. 25. Dell was initially arrested on May 23, 2022, and charged with DWI. The warrant was issued after she allegedly failed to appear in court. Dell was arraigned and released. 

Jacob J. Frayne, 26, of Darien, is charged with aggravated DWI and aggravated unlicensed operation. Frayne was charged following a traffic stop on Jan. 26 on Pearl Street, Batavia. He was issued an appearance ticket.

Takari G. Lang-Smith, 22, of Batavia, is charged with DWI. Lang-Smith was stopped on Jan. 28 at an undisclosed location by Batavia PD. He was issued tickets and released.

Richard M. Fuhry, 42, of Brockport, is charged with DWI. On Jan. 20, Batavia patrol offices were dispatched to North Park and Ross Street for a report of a fight in the street. Fuhry was accused of being involved in the fight and then located driving on Seneca Avenue. He was issued several tickets.

Brian J. Hawkins, 44, of Olean, was arrested on Jan. 22 on two warrants issued by City Court. The first was a bench warrant related to an incident in 2019 where he allegedly provided alcohol to a person under the age of 21. The second warrant was an arrest warrant for Bail Jumping 3rd. Hawkins was arraigned and released.

Tanika N. Avant, 22, of Batavia, was arrested on Jan. 22 on a warrant issued by City Court. The warrant stemmed from an incident in April of 2023 where she was charged with two counts of harassment 2nd and one count of endangering the welfare of a child after a disturbance call on Bank Street. Avant was arraigned in City Court and remanded to the Genesee County Jail. 

Johnny Burton Koonce, Jr., 33, of Federal Drive, Batavia, is charged with criminal contempt 1st, aggravated unlicensed operation 3rd, and failure to stop at a stop sign.  Koonce was stopped at 1:53 a.m. Jan. 20 by Sgt. Mathew Clor.  The passenger in the vehicle was somebody Koonce was allegedly supposed to not contact by court order. He was held pending arraignment.

Shanaya Nichole Brooks, 22, of Route 438, Gowanda, is charged with criminal mischief 3rd. Brooks is accused of striking the side of a house on Jan. 19 on East Road, Batavia, causing damage. She is also accused of trying to force her way into the house, causing damage. She was held pending arraignment.

Samantha Rae Balduf, 31, of Grant Street, Depew, is charged with petit larceny.  Balduf is accused of switching the price tag on a piece of merchandise at a retail store on Veterans Memorial Drive (the name and location of the store was withheld by the Sheriff's Office) at 1:03 p.m. on Jan. 19. She was issued an appearance ticket.

Isaac Floyd, Jr., 59, of State Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and illegal signal. Floyd was stopped at 12:07 a.m. on Jan. 24 on West Main Street Road, Batavia, by Deputy Jacob Kipler. Floyd was released on tickets.

Joel David Proudy, 37, of Rochester Street, Bergen, is charged with criminal contempt 1st. Proudy is accused of violating a full stay-away order of protection at 10:50 a.m. on Jan. 17 at a location on West Main Street, Batavia. He also had multiple outstanding warrants. He was held pending arraignment.

Joseph Peter Mancuso, 35, of Deerfield Drive, North Tonawanda, is charged with criminal contempt 1st. Mancuso is charged with violating a stay-away order of protection at 5:30 p.m. on Jan. 20 at a location on Roberts Road, Alabama. He was arraigned and released under supervision.

Steven James Dunham, 35, of Main Street, Corfu, is charged with failure to verify address within 90 days as a Level 3 sex offender. Dunham was arrested in January and held for arraignment.

Steven Kenneth Maskell, 31, of North Byron Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and driving while using a portable electronic device. Maskell was stopped at 11:30 p.m. on Jan. 21 on Lockport Road, Oakfield, by Deputy Morgan Ewert. He was issued an appearance ticket.

Robert Paul Gerspach, 67, no specified address, Buffalo, is charged with driving while impaired by drugs, aggravated unlicensed operation, driver's view obstructed, failure to keep right, and moving from lane unsafely.  Gerspach was observed by an off-duty deputy driving in an alleged unsafe manner at 11:22 a.m. on Jan. 24.  He was stopped and arrested by Deputy Austin Heberlein. He was released on an appearance ticket.

Guillermo Guadalupe-Vasques, 44, of Crimson Drive, Canandaigua, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and moving from lane unsafely. Guadalupe-Vasques was stopped at 8:44 p.m. on Jan. 24 on West Main Street Road, Batavia, by Stephen Smith. He was processed at the Genesee County Jail and released.

Mckenzie Leigh Stogsdill, 32, of East Main Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, no headlights, and no tail lamps. Stogsdill was stopped at 1:44 a.m. on Jan. 27 on Park Road, Batavia, by Sgt. Mathew Clor. Stogsdill was released on appearance tickets.

Jessica R. Parker-Sharkey, 30, of South Butler Road, Savanah, is charged with criminal possession of stolen property 4th and criminal possession of a controlled substance 7th. Parker-Sharkey was arrested in Virginia Beach, Va., and extricated back to Genesee County. She was arraigned in Town of Batavia Court and released. The charges stem from allegations in April 2023 that she was in possession of a stolen car and a controlled substance. Following her release, she was turned over to Rochester PD on warrants.

Michael Curtis Smith Jr., 31, of Batavia, is charged with petit larceny. Smith is accused of stealing an electric scooter from Walmart at 5:30 p.m. on Jan. 24. He was processed at the Genesee County Jail and released on an appearance ticket.

Joseph Michael Petix, 66, of Shorecliff Drive, Rochester, is charged with DWI, criminal possession of a controlled substance 7th, stop sign violation, breath test refusal, and consumption of alcohol while driving. Petix was stopped at 9:53 p.m. on Jan. 28 on Clinton Street, Batavia, by Deputy Travis DeMuth.  He was allegedly found in possession of cocaine. His release status was not reported.

Police close Dellinger Friday morning for execution of warrant

By Howard B. Owens

The Emergency Response Team was deployed on Dellinger Avenue early this morning to assist Batavia PD with the execution of a warrant, Police Chief Shawn Heubusch said.

The police department announced at 7:15 that Dellinger was closed to public access.  The street was reopened at about 7:50 a.m.

Heubusch said there were no difficulties during the operation, and there were no injuries.  He said more information will be released later today.

Larceny reported at Ulta Beauty, suspects fleeing in silver SUV

By Howard B. Owens

A larceny was reported at Ulta Beauty with three subjects running from the store on foot toward the ESL Credit Union, where they apparently got into a silver SUV and fled the scene.

The stores are in Batavia Towne Center on Veterans Memorial Drive.

Law enforcement units are converging on the area.

Responding units have gone to secure communications, so there aren't likely to be further updates on the search or pursuit.

Sheriff's Office investigation apparent burglary at gun shop in Oakfield

By Howard B. Owens

In the early morning on Friday, a caller, using security cameras, observed individuals in hoodies in a gun shop on Lockport Road, Oakfield and called law enforcement while continuing to monitor their activities.

Chief Deputy Joseph Graff confirmed that emergency dispatchers received a call at 5:17 a.m.

The caller observed the suspects leave before deputies arrived on scene.  

The perpetrators are still at large.

It's unclear if they stole any items from the shop.

Graff said, "It's very early in the investigation. We don't have anything further to share at this point."

 

First Amendment question left unresolved in plea deal for Batavia mother accused of harassing school officials

By Howard B. Owens

A Batavia mother charged with harassment in the second degree for sending a series of angry emails, including one with profanity, to City School officials will not need to admit to any wrongdoing under terms of a plea agreement reached in City Court on Wednesday.

Kate Long, 39, accepted an offer from the District Attorney's Office to get the charge against her dismissed if she can avoid any additional criminal charges over the next six months.

That would wipe the slate clean, as if she was never charged in the first place. It would also mean no legal challenge to her arrest, which could have very well violated her First Amendment rights to free speech and petitioning the government for a redress of grievances.

It makes perfect sense that Long would accept the plea offer, said Constitutional scholar Jared Carter, but the plea could also potentially mean government agencies remain free to use the harassment 2nd statute to silence critics.

"My initial reaction, from a pure First Amendment perspective, is this was always a troubling case based on the facts as I understand them," Carter told The Batavian on Wednesday evening. "On one hand, there is some vindication of the First Amendment on the basis of the dismissal.  Of course, you don't have a ruling from a court saying this arrest was unconstitutional, so does the school district or law enforcement or whatever (agency) have any check on power? Can they again do what they want to do, and the short answer is, 'Yes.'  That's the unfortunate aspect of all of this."

Carter is counsel with the Cornell Law School First Amendment Clinic, based in Ithaca, and a professor of Law at Vermont Law and Graduate School. Carter specializes in First Amendment cases.

Long, a mother of three children, was issued a summons in November and charged with a single count of harassment in the second degree, a violation of Penal Law 240.26(3), which reads:

He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

The charge was based on a criminal complaint filed with Batavia PD by John Marucci, president of the Board of Education for the Batavia City School District.

The complaint cited a Nov. 8 email that contained profanity and noted that Long had sent a series of emails over a short period of time complaining about how her son's Spanish class at Batavia Middle School was being handled.

In order to comment on the charge for an article The Batavian published on Dec. 18, Carter reviewed the emails and the charging documents and offered the opinion that Long's conduct would likely be viewed as protected speech by any court asked to rule on the constitutionality of her arrest. 

"They're (prosecutors) skating on very thin constitutional ice if any ice at all," Carter told The Batavian in December when discussing the arrest and prosecution of Long. "The First Amendment robustly protects Freedom of Speech, and the freedom to criticize government action. That would include criticizing the way that a school handles itself."

In 2014, the state's aggravated harassment statute, which contained similar language but specifically targeted speech, was ruled unconstitutional.  The state Legislature changed that law the following year but left open the ability of police to arrest individuals engaged in speech that is deemed offensive conduct under the harassment 2nd statute. 

Buffalo attorney Tom Trbovich, retained by Long to represent her in City Court, told The Batavian after her initial court appearance that he wasn't likely to mount a constitutional challenge to her arrest, suggesting an easier resolution could be negotiated with the District Attorney's Office.

"I think this was a good resolution," Trbovich said after court on Wednesday. "Right now, we were circling the wagons and making sure that nothing goes wrong. And hopefully, this will be taken care of in six months as if it never happened."

Asked if he thought his client committed a crime, Trbovich offered a slight smile and said, "I don't want to antagonize the office. I got a good disposition."

There are no conditions on Long over the next six months other than she avoid a criminal conviction, though Trbovich offered in court that Long would agree to have no further contact with school employees at Batavia Middle School.

Her son has transferred to Notre Dame, and her husband would have remained free to talk with school officials.

Judge Durin Rogers rejected the condition because there are typically no additional conditions on an adjournment in contemplation of dismissal.

Carter said Trbovich getting a potential dismissal of the charge for his client was understandable.

"Criminal defense attorneys try to get the best outcome for their clients by keeping them out of harm's way," Carter said. "It totally makes sense to tread carefully, to get the best outcome for his client as he can. I totally get that. I'm not second-guessing that at all."

But, he said, the First Amendment is still in play for Long if she wishes to pursue it as a civil matter, meaning, filing a lawsuit against the school district or the police department, if she feels her arrest did her harm or that it has a chilling effect on her future speech.  The fact she offered to have no future contact with the school, Carter indicated, suggests her arrest does indicate she is willing to self-censor out of fear of repercussion.

"You have to have some sort of injury to get in the courthouse door," Carter said. "Would a chilling effect be enough if she wanted to bring a First Amendment case? It could be injury enough to get in the courthouse door."

Police continue hunt for criminal suspect, Nathan Royse

By Staff Writer
Nathan Royse
Nathan L. Royse

Batavia PD has issued another call for public assistance in locating Nathan L. Royse, who has been on the police department's wanted list since late August.

Crime Stoppers WNY is offering a reward of up to $2,500 for information leading to the arrest of Royse.

Royce is wanted on a charge of criminal possession of a weapon in the third degree.  Police warn he should be considered armed and dangerous.

He is also wanted on a parole warrant.

Anyone with information is asked to call Crime Stoppers at 716-867-6161 

Law and Order: Batavia man accused of strangulation and assault

By Howard B. Owens
brandon marsh
Brandon March

Brandon J. March, 39, of Batavia, is charged with strangulation 2nd, assault 3rd, and menacing 3rd. March was arrested on Dec. 28 following an investigation into an incident on South Lyon Street. March is accused of kicking a person while threatening to kill that person. March was arraigned in City Court and released under supervision.

Donald G. Vanelli, 60, of Oakfield, is charged with burglary 3rd, criminal mischief 4th, conspiracy 5th, and petit larceny. Vanelli was arrested on Jan. 4 on a warrant stemming from an investigation into a break-in at a business on Mill Street. At least two suspects stole property from the business, according to police. Vanelli was arraigned and released under supervision.

donald vanelli
Donald Vanelli

Tanisha N. Gibson, 38, of Batavia, is charged with assault 2nd, criminal possession of a weapon 3rd, and two counts of endangering the welfare of a child. Gibson was arrested on Jan. 8 following an investigation into an incident on Dec. 2 on Bank Street. Gibson is accused of spraying pepper spray in the face of another person. Gibson was arraigned and released.

Tanisha Gibson
Tanisha Gibson

Johnathan M. Falk, 25, of Batavia, is charged with petit larceny and conspiracy 6th. Falk is accused of cooperating with another person to steal property on Jan. 5 from 7-Eleven on East Main Street. He was issued an appearance ticket.

Samuel J. Hernandez, 21, of Batavia, is charged with petit larceny. Hernandez is accused of shoplifting from West Main Wine and Spirits on Jan. 5. He was issued an appearance ticket.

Jaliyla S. Shelton, 18, of Rochester, is charged with two counts of grand larceny 4th. She is accused of stealing two cars in Batavia. She was arrested on Nov. 2 and issued an appearance ticket.  She is accused of failure to appear on those charges and was arrested on a warrant on Jan. 10. She was arraigned and released.

Crystal L. Dacey, 29, of Attica, is charged with criminal possession of a controlled substance 7th and petit larceny. Dacey is accused of stealing property and prescription pills from another person on Jan. 10. She was issued an appearance ticket.

Timothy D. Cobb, 19, of Buffalo, is charged with unlawful fleeing a police officer 3rd. Cobb is accused of fleeing from a police officer following an incident at Speedway at Oak and Main on Jan. 3. The pursuit was terminated, but Cobb was apprehended a short time later. He was issued an appearance ticket and multiple traffic tickets.

James R. Briggs, 48, of Batavia, is charged with petit larceny. Briggs is accused of stealing merchandise from Family Dollar on East Main Street on Jan. 4. He was issued an appearance ticket.

Joshua W. Bombard, 18, of Pavilion, is charged with assault 3rd and criminal mischief 4th. Bombard was arrested after police officers responded to a report of a fight at a location on Ellicott Street on Dec. 27. Bombard is accused of injuring another person and damaging that person's property. He was arraigned and released.

Jennifer M. Beswick, 41, of Batavia, is charged with DWAI/Drugs and criminal possession of a controlled substance 7th. Beswick was arrested on Dec. 27 by Batavia PD following an investigation into a traffic accident that occurred on July 29. Beswick was issued an appearance ticket.

Jason C. Mann, 47, of Batavia, is charged with criminal mischief 4th. Mann is accused of damaging another person's property during a fight in the parking lot at 587 East Main St., Batavia, on Dec. 24. He was issued an appearance ticket.

Martin J. Rodgers, 39, of Batavia, is charged with criminal mischief 4th. Rogers is accused of damaging a window at a residence on Oak Street on Dec. 19 during an argument. He was issued an appearance ticket.

Naquan J. Shepherd, 24, of Batavia, is charged with harassment 2nd. Shepherd allegedly hit another person during an argument on Hutchins Street, Batavia, on Dec. 20. Shepherd was issued an appearance ticket.

Ronald J. Murray, 29, of Batavia, was arrested on a warrant on Dec. 26. The warrant stems from an incident on Aug. 11. Murray is accused of possessing narcotics. He was arraigned and released. 

Henry C. Roberts, 19, of Batavia, is charged with petit larceny. Roberts is accused of shoplifting from Tops on Dec. 29. He was issued an appearance ticket.

Levy Spikes, Jr., 50, of Batavia, is charged with DWI. Spikes was charged following a traffic stop by a Batavia PD patrol on Dec. 24 on Lewiston Road. He was issued traffic tickets.

Malik Isiah Ayala, 32, no permanent address, is charged with petit larceny and criminal possession of a controlled substance 7th. Ayala is accused of stealing a pair of Nike sneakers from Dick's Sporting Goods at 4:22 p.m. Jan. 13. When taken into custody, he was allegedly found in possession of crack cocaine and drug paraphernalia. He was released on an appearance ticket.

Mark E. Green, 42, of Hermitage Road, Warsaw, is charged with harassment 2nd. Green is accused of hitting another person at a residence on Briarwood Terrace, Batavia, at 5:50 p.m. on Jan. 14. He was issued an appearance ticket.

Scott David Murray, 38, no residence provided, is charged with assault 3rd and criminal obstruction of breathing.  Murray was arrested on Jan. 2 in connection with an incident reported on Dec. 30 at a location in Darien. Murray is accused of striking another person in the face multiple times and applying pressure to the neck of that person multiple times.  He was held for arraignment.

Joseph M. Andrews, 47, of East Crestwood Court, Lockport, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, open container, and speed not reasonable and prudent. Andrews is accused of driving off the roadway at 9:03 p.m. on Jan. 13 on Lewiston Road, Oakfield, while intoxicated. The incident was investigated by deputies Mason Schultz and Zachary Hoy.

Maxim James Reynolds, no age provided, of Lakes Road, Hamlin, is charged with DWI and false personation. Reynolds was stopped at 2:33 p.m. on Jan. 14 on Reed Road, Bergen, by Deputy Nicholas Chamoun. He was issued an appearance ticket.

Law and Order: Bank Street resident of significantly damaging Pontiac G6

By Howard B. Owens

Tanisha Nicole Gibson, 38, of Bank Street, Batavia, is charged with criminal mischief 2nd. Gibson is accused of intentionally causing $2,695.95 in damage to a 2008 Pontiac G6 on Jan. 8 at 1:15 a.m. at a location on West Main Street Road, Batavia. Gibson was processed at the Genesee County Jail and held pending arraignment.

Ronald James Murray, Jr., 29 of Wood Street, Batavia, is charged with grand larceny 3rd and unlawful use of a credit card. Murray is accused of stealing the keys and a vehicle from a person at the Quality Inn on Park Road at 3 p.m. on Dec. 2. The vehicle was later recovered in Gates. He is accused of using a credit card, which he had been given permission to use for a specific purpose, for a purpose other than intended. Murray was arraigned and released.

Sharon M. Black, 55, of Whispering Pines Circle, Greece, is charged with grand larceny 4th. Black is accused of stealing a credit card at 6 p.m. on Dec. 30 from a location on Edgewood Drive, Batavia, and using it for several unauthorized purchases. Black was issued an appearance ticket.

Allison Margaret Smith, 31, of Bank Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident, failure to keep right, and moving from lane unsafely.  Smith is accused of being involved in an accident on Byron Holley Road, Byron, at 5:11 p.m. on Jan. 11. The accident was investigated by Deputy Zachary Hoy and Deputy Morgan Ewert. Smith was released on an appearance ticket.

Crystal Marie Bouter, 34, of Columbia Avenue, Batavia, is charged with petit larceny. Bouter is accused of shoplifting at Walmart at 2:51 p.m. on Dec. 15. She was arrested on Jan. 10. She was issued an appearance ticket.

Jacob W. Patterson, 28, of Corfu, is charged with obstruction of governmental administration and resisting arrest. Crystal M. Bouter, 34, of Batavia, is charged with criminal possession of a controlled substance 7th and driving while impaired by drugs.  Patterson and Bouter were arrested by State Police in the city of Batavia in connection with an incident reported at 10:25 p.m on Jan. 10. Both were issued appearance tickets.  No further information was released.

Leigha-Sabrina Marie Doreen, 2, of Oak Orchard Extension, Albion, is charged with DWI, driving with a BAC of .08 or greater, inadequate headlight, and an uninspected motor vehicle. Dorreen was stopped at 2:25 a.m. on Jan. 13 on Oak Orchard Road, Elba, by Sgt. Mathew Clor. She was released on an appearance ticket.

Grand Jury Report: Two men accused of committing multiple crimes together, one with additional charges

By Howard B. Owens
Jalen Brown
Jalen Brown

Jalen I. Brown and Devante M. Wells are indicted on counts of grand larceny in the third degree, a Class D felony, criminal possession of stolen property in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, unauthorized use of a motor vehicle in the first degree, a Class D felony, grand larceny in the fourth degree, a Class E felony, unauthorized use of a motor vehicle in the first degree, driving while ability impaired by drugs, a misdemeanor, reckless endangerment in the first degree, a Class D felony, two counts of criminal mischief in the second degree, a Class D felony, reckless driving, a misdemeanor. Brown and Wells are accused of stealing property from Dick's Sporting Goods on June 24 with a value in excess of $3,000. They were allegedly in possession of a stolen 2005 Buick. They are accused of coordinating their alleged theft together. They are accused of stealing a 2023 Volkswagen valued at more than $100. Brown is accused of driving the Volkswagen on Route 63 in the town of Alabama while impaired by drugs. He is accused of driving recklessly. He is accused of damaging a Sheriff's patrol vehicle and the Volkswagen, causing more than $1,500 in damage to each vehicle. 

Devante Wells
Devante Wells

Devante M. Wells is indicted on counts of burglary in the third degree, a Class D felony, grand larceny in the fourth degree, a Class E felony, and conspiracy in the fifth degree. Wells is accused of entering Kohl's Department Store on Feb. 13 with the intent to commit a crime, of stealing property more than $1,000, and of agreeing to participate in the alleged crime with another person.

Devante M. Wells is indicted on one count of bail jumping in the second degree, a Class E felony. Wells is accused of failure to appear for court as ordered on Aug. 8.

Devante M. Wells is indicted on one count of bail jumping in the second degree, a Class E felony. Wells is accused of failure to appear for court as ordered on July 18 in connection with a felony charge.

Terrance Falk is indicted on a count of criminal possession of a weapon in the third degree, a Class D felony. Falk is accused of possessing a folding saw on Oct. 24 in the City of Batavia.

Ivette A. Dejesus is indicted on a count of bail jumping in the second degree, a Class E felony. Dejesus is accused of failing to appear in court on June 20 as ordered in connection with a felony charge.

Fernando Santiago-Vega and Robert L. Ball, III, are indicted on counts of grand larceny in the fourth degree, a Class E felony, and conspiracy in the fifth degree, a Class A misdemeanor. Santiago-Vega and Ball are accused of stealing property from Target valued at more than $1,000 on Jan. 20.

Jamie A. Dutton is indicted on counts of tampering with physical evidence, a Class E felony and obstructing governmental administration in the second degree, a Class A misdemeanor. Dutton is accused of hiding a glass crack pipe under a porch on Dellinger Avenue on Aug. 25. He is accused of attempting to prevent a government official from performing his duties.

Isrrael Obregon, Jr., is indicted on counts of aggravated unlicensed operation in the first degree, a Class E felony and DWI, a misdemeanor. Obregon is accused of driving on a revoked license on May 29 in the Town of Batavia while intoxicated.

Law and Order: Driver accused of nearly striking deputy's vehicle at more than 100 mph

By Howard B. Owens

Alan James Warren, 31, of Fillmore, is charged with reckless endangerment 1st, aggravated unlicensed operation, felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation 2nd. Warren is accused of nearly striking a deputy's vehicle while driving in excess of 100 mph at 1:11 a.m. on Dec. 30 on I-490 in Le Roy. Warren was stopped by Deputy Zachary Hoy. He was held pending arraignment.

Rhonda J. Schirmer, 57, of Walnut Street, Batavia, Alyssa M. Rondon, 33, of East Main Street, Clifton Springs, and David R. Fallon, 41, of East Main Street, Clifton Springs, are charged with petit larceny, conspiracy 6th, and endangering the welfare of a child. Schirmer and Rondon are also charged with criminal possession of a controlled substance 7th. Schirmer, Rondon, and Fallon are accused of stealing merchandise from Walmart in the presence of a child. Schimer and Rondon were also allegedly found in possession of a controlled substance. All three suspects were processed at the Genesee County Jail and released on appearance tickets.

Timothy Delshawn Cobb, no age provided, of Butler Avenue, Buffalo, is charged with reckless endangerment 1st, unlawful fleeing from a police officer in a motor vehicle 3rd, reckless driving, aggravated unlicensed operation 2nd, and suspended registration. Cobb is accused of leading sheriff's deputies and Batavia police officers on a high-speed chase on the Thruway at 4:31 p.m. on Jan. 3. He was stopped by a successful deployment of spike strips by Corfu police. Cobb was held pending arraignment.

Maranda Lena Button, undisclosed age, of Park Road, Batavia, is charged with criminal possession of a controlled substance 7th and aggravated unlicensed operation 3rd. Button was stopped at 10:38 p.m. on Dec. 31 on Park Road, Batavia, by Deputy Nicholas Chamoun for an alleged inoperable headlamp. She was allegedly found in possession of cocaine and driving on a suspended license.

Ronda Marie Kern, 42, of Alleghany Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, speed not reasonable, and moving from lane unsafely. Kern was reportedly involved in a crash on South Lake Road, Pembroke, at 7:15 p.m. on Dec. 29 and found hiding in the woods near the crash scene. She was processed at the Genesee County Jail and released.

John David Bissell, 60, of North Academy Street, Wyoming, is charged with driving with a BAC of .18 or greater, driving with a BAC of .08 or greater, ATV violation of driving while intoxicated, moving from lane unsafely, and an ATV violation of uninsured operation.  Bissell was reportedly involved in an ATV accident at 1:05 a.m. on Dec. 31 on Telephone Road, Pavilion. Biseell was transported to the Genesee County Jail for processing and released on tickets.

Garrett A. Breister, 51, of Capen Road, Brockport, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by drugs and alcohol, moving from lane unsafely, and speed not reasonable. Breister was reported involved in a motor vehicle accident at 10:39 p.m. on Oct. 31 on North Lake Road, Bergen. Breister was arrested on Dec. 29 following an investigation by Deputy Jonathan Dimming. He was issued tickets and released.

Angel Manuel Canales, 34, of Long Pond Road, Greece, is charged with assault 3rd and harassment 2nd. Canales allegedly punched another patron in the head, knocking him out, while at Batavia Downs, on Dec. 17 at 12:20 a.m.  No release status listed.

Ebony Lauren Jenkins, 24, of Child Street, Rochester, is charged with criminal contempt 2nd.  Jenkins is accused of violating a court order at 8:19 p.m. on Dec. 27 at a location in Bergen. Jenkins was held pending arraignment.

Skarlette P. Tellier-Wilcox, 19, of Wood Street, Batavia, is charged with petit larceny. Tellier is accused of stealing merchandise from Walmart at 4:43 p.m. on Dec. 29. She was issued an appearance ticket.

Theodle Hill, Jr., 54, of Church Street, Batavia, is charged with disobeying a court mandate. Hill is accused of violating an order of protection by speaking to the protected person while at a local store at 5:28 p.m. on Dec. 27. Hill was held pending arraignment.

Zackary Charles Putney, 27, of Route 98, of Alexander, is charged with DWI, driving with a BAC of .08 or greater, stopping on a highway, failure to use four way flashers. Putney was charged after deputies Jacob Kipler and Austin Heberlein located a vehicle parked on Route 33 in the Town of Pembroke at 1:29 p.m. on Jan. 1. He was transported to the Genesee County Jail for processing and released.

Jonathan Will Dodson, Jr., of Chugg Road, Clarendon, is charged with criminal mischief 3rd. Dodson is accused of cutting the wires of an electrical harness of another person's vehicle at 8:30 p.m. on Dec. 29 at a location on Byron Road, Byron. He was arraigned and ordered held on $5,000 bail or $10,000 bond. 

Mary Jenieve Almanzar, 32, of Ada Place, Buffalo, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation, uninspected motor vehicle, and inoperable brake lamp. Almanzar was stopped at 12:01 p.m. on Route 77 in Alabama, on Jan. 6 by Deputy James Stack. During the traffic stop, she was allegedly found in possession of buprenorphine-naloxone that was not prescribed to her. She was released on an appearance ticket.

Joseph Stewart, 69, of Route 19, Le Roy, is charged with harassment 2nd. Stewart is accused of striking another person across the face with a belt at a location on East Main Street, Batavia, at 8:55 a.m. on Jan. 3. He was released on an appearance ticket.

Ricky J. Smith, 33, of Lockport, is charged with two counts of sexual abuse 1st and two counts of endangering the welfare of a child. Smith was arrested by State Police in relation to an incident reported at noon on Oct. 26 in the Town of Darien. He was released on an appearance ticket. Troopers did not release more information.

Michael J. McCarthy, 35, of Corfu, is charged with menacing 3rd and acting in a manner injurious to a child. He was arrested by State Police in relation to an incident reported at 12:43 p.m. on Jan. 4 in the Town of Pembroke. McCarthy's bail status was not available. Troopers did not release more information.

Harold Jemison-Pointer, 30, of Buffalo, is charged with DWI and driving with a BAC of .08 or greater. Jemison-Pointer was stopped at 10:20 a.m. ON Jan. 1 in the Town of Le Roy by State Police. He was released on an appearance ticket.

Law and Order: Pair accused of leading officers on chase face drug and weapons charges

By Howard B. Owens

Tanner Bernard Wiley, 35, of Bennington Hills, Conn., is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 7th, criminal possession of a weapon 3rd, unlawful fleeing a police officer in a motor vehicle 3rd, obstructing governmental administration. Kimberly Ann Brodsky, 32, of Elm Street, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 7th, and criminal possession of a weapon 3rd. When officers attempted to stop a vehicle reportedly driven by Wiley at 1:09 a.m. on Dec. 7, Wiley allegedly fled from the traffic stop, leading to a pursuit of the vehicle from the City of Batavia into the Town of Pembroke, where Wiley allegedly attempted to flee on foot. Wiley and Brodsky were held pending arraignment.

Robert Alva Wright, 64, of Brooklyn Street, Warsaw, Rick William Reed, 42, of Maiden Lane, North Java, and Jesse James Schmidt, are each charged with assault 2nd. The three men are accused of participating in an assault at 11:11 p.m. on Sept. 8 at 2630 Attica Road, Alexander, the location of the Hillside Tavern.  All three men were arraigned on Dec. 4 and released on their own recognizance. The incident was investigated by deputies Erik Andre and Kevin McCarthy.

Talia F. Joubert, 21, of Le Roy, is charged with DWAI Drugs, speeding, and two counts of harassment 2nd.  Joubert was arrested on Dec. 5 in connection with a traffic stop conducted by a Batavia patrol officer on Dec. 5 at an undisclosed time and location. Joubert is accused of striking two police officers while at the police station. She was issued an appearance ticket.

Brian C. Johnson, 26, of Cheektowaga, is charged with harassment 2nd, criminal mischief 4th, and obstruction of governmental administration 2nd. Johnson allegedly engaged in a physical altercation with staff at UMMC while being treated in ER. He allegedly tried to flee police when officers attempted to take him into custody. He was issued an appearance ticket.

Wayne D. Potter, 40, of Batavia, is charged with criminal obstruction of breathing and harassment 2nd. He was arrested on Dec. 2 after an investigation by Batavia PD into an incident reported on Nov. 4 at an undisclosed time and undisclosed location where Potter allegedly fought with another person. He was issued an appearance ticket.

Cornelius Welch, 44, of Batavia, is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd. Welch was allegedly found in possession of narcotics during a traffic stop by Batavia PD while Welch was riding his bicycle at an undisclosed location and at an undisclosed time. He was issued an appearance ticket.

Lisa Ann Centi, undisclosed age, undisclosed residential street, of Chili, is charged with criminal possession of a controlled substance 7th, criminal possession of a weapon 4th, false personation, insufficient signal, aggravated unlicensed operation 3rd.  Centi was arrested following a traffic stop by Deputy Jeremiah Gechell at 9:58 p.m. on Dec. 1 on Forest Edge Drive, Batavia. She was released on an appearance ticket.

Kenniva Sharee Imoni Couser, 23, of Finch Street, Rochester, and Rickia Leshay Bryant, 25, of Clifford Avenue, Rochester, are charged with two counts of endangering the welfare of a child and Bryant is charged with petit larceny. Couser and Bryant are accused of parking in a fire lane on Veterans Memorial Drive, Batavia, at 2:51 p.m. on Dec. 6. There were reportedly children in the vehicle when the exterior temperature was 30 degrees.  The information related to the petit larceny charge was not released. Both were issued an appearance ticket. "Rickia Leshay Bryant" seems to be a name or a phrase.

Stacy Ramon Moss, 34, of Bates Road, Medina, is charged with two counts of criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 5th, aggravated unlicensed operation 2nd, seeding, and driving without a license. Moss was charged following a traffic stop by Deputy Stephen Smith at 2:03 a.m. on Dec. 4 on Lewiston Road, Batavia. Moss was processed at the Genesee County Jail, issued tickets, and released.

Taylor Marie Goodenow, 21, of Route 5, Le Roy, is charged with burglary 2nd, menacing 3rd, and conspiracy 4th. Riley Lucas Semaj Robinson, 19, of Route 5, Le Roy, is charged with burglary 2nd, criminal mischief 4th, criminal mischief 3rd, and criminal possession of a weapon 4th. Goodenow and Robinson are accused of entering an apartment in Pavilion by force at 3:43 a.m. on Dec. 3, menacing the occupants and causing property damage.

Matthew Ryan Bankes, 36, of Mayflower Street, Rochester, is charged with DWI and speeding. Bankes was stopped at 2:52 a.m. on Dec. 10 on Clinton Street Road, Bergen, by Deputy Ryan Mullen.  Bankes was issued an appearance ticket.

Sasha O. Wilson, 37, of Batavia, is charged with petit larceny. Wilson was arrested by State Police in connection with an incident reported at 4:15 p.m. on Dec. 11 in the Town of Batavia. Wilson was issued an appearance ticket. Troopers did not release further information.

Jeanie L. Graham, 38, of Rochester, is charged with bail jumping 3rd. Graham was arrested by State Police on Dec. 11 and ordered held on cash bail. Troopers did not release further information.

Prosecutor and defense attorney's views of Isaac Abrams diverge at sentencing

By Howard B. Owens
isaac abrams smokeshop
Isaac Abrams outside his new smoke shop on Martin Road on the Tonawanda Indian Reservation in September 2022.
Photo by Howard Owens.

The two views of Isaac D. Abrams, 23, expressed by attorneys in Genesee County Court on Thursday, couldn't be more different.

For Assistant District Attorney Robert Zickl, Abrams is a young man given many breaks in his run of criminal activity since he was a teen who has gone from making threats to actual violence. He belongs in prison.

To Michael Dwan, a Buffalo-based attorney hired by the Abrams family, the young Tonawanda Indian Reservation resident is an entrepreneur, a leader with a promise of potential to make a positive impact on his community who has made unfortunate decisions in his desire to help the people he cares about. Another prison could destroy any hope of a productive future for Abrams.

On Thursday, Judge Thomas Williams (filling for Judge Melissa Lightcap Cianfrini, who recused herself because of a possible conflict of interest, though that conflict was not disclosed) gave no verbal explanation for his sentence other than to say it was a "very difficult" decision. 

He sent Abrams to prison.  On a conviction, via guilty plea for burglary, he sent Abrams to prison for two years. On his robbery conviction, also via a guilty plea, he sent Abrams to prison for one to three years. The sentences are to be served concurrently.

Criminal Past
The chain of events, at least as documented in arrest reports that led to the new prison terms, began in August 2017 when Abrams threatened to shoot State troopers and county deputies on the reservation and then, the next month threatened to seriously injure or kill another person while driving a vehicle in the area of Tim Hortons in Batavia.

Abrams entered guilty pleas to making a terrorist threat and reckless endangerment in the first degree.

Judge Charles Zambito sent him to prison.

"I went through horrible experiences," Abrams told The Batavian in September 2022 about his time in prison. "I have scars on my eyebrows now that are permanent. I have stab wounds on my back and my shoulders. I went from prison to prison. It was a horrible, horrible experience."

In July 2019, Abrams was arrested again, accused of threatening a person with a baseball bat. The Batavian doesn't have a record of the disposition of that case.

In Sept. 2022, Abrams was in front of Cianfrini to be sentenced on a burglary charge. After much consideration, Cianfrini spared Abrams a prison term and gave him a chance to get help through the Mental Health Court.

That break allowed Abrams to return to his entrepreneurial dreams and his new smoke shop.

Abrams was grateful for the break.

"She honestly changed my life around," Abrams told The Batavian at the time. "I thank her for helping me. She did a lot.  Honestly, I wouldn't be here in these shoes.  I wouldn't be free today," he said. "I wouldn't be thinking clearly. I would have done none of that. I would have nothing.  I'd probably still be that broken little shit."

Second Chances, New Challenges
In that interview, Abrams talked about how there were people around him who wanted him to fail and who didn't want to see him lead a straight life.  

"This would  be the bad crowd," he said, "like the alcoholics, the drunks, the ones who like to stay out all night."

The night after the interview, two people tried to set his small shop on fire. About two weeks later, Brandi L. Reuben and Garrett S. Porter were arrested and charged with arson. Reuben's case is pending in County Court. Porter's case status is not available.

But that arson, Abrams said, was an example of a lesson learned. Rather than try to take matters into his own hands, he called the police and let them handle the investigation and eventual arrest.

According to Dwan's description of the two latest arrests, Abrams didn't call authorities. He did try to take matters into his own hands. 

Dwan describes the burglary charge as Abrams trying to protect his mother, entering the residence of her boyfriend, catching him in the act of hitting his brother, and then attacking the boyfriend. That description is very similar to the case Abrams was sentenced on by Cianfrini in 2022.

In the robbery case, Abrams was asked to go along with some friends to visit a smokeshop where a person there owed one of them some money.  Abrams said he thought he could help smooth things out by being the voice of reason.  Another, who has never been identified by police and never arrested, is the one who actually carried out all of the acts that led to robbery charges, according to Dwan.

"We're uncertain who was involved, and everyone involved is unwilling to name him," Dwan said. "My client is the only one facing any consequences over what happened in that store, and I believe he was minimally involved."

But Abrams was there as a participant, and although Abrams denies doing exactly what the arresting officer says he did, his mere participation, Dwan indicated, would lead to a jury convicting Abrams of a robbery, hence the guilty plea.

Dwan said Abrams could be a young man with a promising future. He has a stable relationship with a girlfriend, and they have a newborn child together. His mother was in court to support him. 

"There's a very good chance he's going to do very well in this world," Dwan said. "There is a good chance that by the time he's 40, we'll all look at him with respect.  If he's sent to prison, his future may be damaged in ways that will make it harder for him to succeed.  He's going to state prison as a Native American. As we all know, prison is segmented by race, and as a Native American, he will be alone.  He's a big guy, so he may be alright, but nobody will hang with him.  He was stabbed the last time he was there."

Remorse
Abrams sobbed while addressing Williams, expressing remorse for his poor decisions. 

He said it was not his intent to commit crimes.

"I tried to help people and I should really have just said, 'no," Abrams said. "I feel bad. I feel really bad about the robbery. If I could take it all back I would."

He said he would take his punishment, whatever was coming, that he should never have been at the dispensary, that he should have called the cops, and he was scared about going back to prison.

"I apologize to everyone for being here and making myself look like a fool," Abrams said. 

Zickl argued for prison because, to him, it seemed like the young man's criminal activity was escalating, and that Abrams has a history of minimizing his own culpability.  He argued that Abrams took an active role in the dispensary robbery.

"Mr. Abrams has demonstrated he neither appreciates nor can he take advantage of the positive considerations and benefits he's been given along the way," Zickl said. "His behavior becomes more aggressive and worrying and violent."

For The Batavian's previous coverage of Abrams, click here.

State Police investigating trailer stolen from location in the Town of Pembroke

By Howard B. Owens
stolen trailer pembroke

State Police are looking for a person involved in the theft of a Brimar Dump Trailer in the Town of Pembroke earlier this week.

Trooper Brian Pritchett provided these photos, which show both the suspect and suspect vehicle, and asked anybody with information that may assist in the investigation to call State Police Batavia at 585-344-6200.  If needed, the case number is #11744594.

Pritchett said there has been a series of trailer thefts in the area recently.  This one occurred on Nov. 22 at 1:39 a.m.  

The suspect appears to be a white male wearing a white hoodie. The truck appears to be a possible older black diesel Dodge pickup with a white Blizzard Plow on the front.

"The truck is unique, and hopefully someone will recognize it," Pritchett said.

stolen trailer pembroke
stolen trailer pembroke
stolen trailer pembroke

Law and Order: Batavia man accused of using handgun to threaten another person, resisting arrest

By Howard B. Owens
John A. Cabrera
John A. Cabrera

John A. Cabrera, 56, of Batavia, is charged with criminal possession of a weapon 3rd, menacing 2nd, resisting arrest, obstructing governmental administration 2nd,  harassment 2nd, and promoting prison contraband 1st. Cabrera is accused of threatening another person with a handgun during a fight on Washington Avenue, Batavia, on Nov. 24. He is accused of fighting with police when they attempted to take him into custody. While being booked at the Genesee County Jail, Cabrera was allegedly found in possession of contraband. He was arraigned and released.

Shawna L. Lamont, 34, of Perry, is charged with bail jumping 2nd. Lamont is accused of missing a court date after being released on a charge of criminal possession of a controlled substance 5th. She was arraigned in City Court and released.

Benjamin G. Evans, 35, of Batavia, was arrested on three warrants on Nov. 28. Two of the warrants are related to incidents where Evans allegedly stole packages from porches. The other is related to a trespassing complaint on Swan Street on Sept. 19. Evans was arraigned and released. 

James L. Dart, 70, of Batavia, is charged with harassment 2nd. Dart is accused of spitting on another person during a fight on Tracy Avenue on Nov. 27. He was issued an appearance ticket.

Carla L. Spikes, 33, of Batavia, is charged with harassment 2nd. Spikes is accused of punching another person in the face during a fight on Hutchins Street, Batavia, on Nov. 18. She was issued an appearance ticket.

Trevon L. Armstrong, 38, of Batavia, is charged with criminal mischief 4th. Armstrong is accused of damaging a window at a residence on Denio Street on Nov. 16. He was issued an appearance ticket.

Haley M. Larnder, 24, of Batavia, is charged with two counts of bail jumping 3rd. The charges stem from two separate cases where Larnder is accused of criminal possession of a controlled substance 7th. She allegedly failed to appear in court as ordered. She was released on an appearance ticket.

Daniel N. McDaid, 40, of Tonawanda, and April J. Conley, 39, of Lewiston, are charged with criminal possession of a controlled substance 7th. McDaid and Conley were charged following a traffic stop on Ross Street by a Batavia patrol officer. They were allegedly found in possession of narcotics. Conley was additionally charged with Tampering with Physical Evidence. She allegedly attempted to hide evidence. Both were issued appearance tickets.

Allyson P. Lawrence, 29, of Batavia, is charged with criminal possession of a controlled substance 7th. Lawrence was allegedly found in possession of narcotics on Nov. 26 while being arrested on an unrelated warrant. Lawrence was arraigned and released.

Alex P. Brasky, 32, of Batavia, is charged with DWI. Braskey was stopped by a Batavia patrol officer on Nov. 22 on South Jackson Street, Batavia. He was arraigned and released.

Russell H. Blumer, 51, of Batavia, is charged with endangering the welfare of a child and harassment 2nd. Blumer is accused of punching another person during a fight on Thorp Street on Nov. 12 while a child was present. He was arraigned and released.

Jerome W. Amesbury, 58, of Batavia, was arrested on Nov. 26 on a warrant. The warrant stems from a traffic stop on Ellicott Street on June 23, which led to a charge of aggravated unlicensed operation 3rd and several traffic violations. Amesbury is accused of failure to appear in court as ordered. He was arraigned and released.

Trevawn O. Wright, 23, of Le Roy. Wright was arrested on a warrant on Nov. 23. Wright was initially charged on Aug. 13 with aggravated unlicensed operation 2nd after he was involved in a traffic accident on South Main Street, Batavia. The warrant was issued after he failed to appear in court. He was arraigned in and released.

Jonathan W. Dodson, Jr., 37, of Holley, is charged with forcible touching and sexual abuse 3rd. Dodson was arrested by State Police in connection with an incident reported at 9:30 a.m. on Dec. 1 in the Town of Elba. He was issued an appearance ticket. No further information was released.

Mark P. Heale, 55, of Bethany, is charged with torture/injury/not feed an animal. Heale was arrested by State Police in connection with a report taken at 2:14 p.m. on Nov. 21 in the Town of Bethany. He was issued an appearance ticket.  No further information was released.

Susan Ann Samanka, 60, of West Main Street, Batavia, was charged on Dec. 4 with sex offender failure to appear for photo. Samanka is accused of failing to report to the Genesee County Sheriff's Office as required for a photo as a registered sex offender by the required date. Samanka was held pending arraignment.

Joe Andrew Cortez, 41, of Park Road, Batavia, is charged with criminal contempt 2nd. Cortez is accused of violating a stay-away order of protection at 12:43 p.m. on Nov. 23. Cortez was issued an appearance ticket.

Michael Robert Hawkins, 27, of Route 98, Attica, is charged with criminal possession of a controlled substance 3rd, speed not reasonable and prudent, and moving from lane unsafely. Hawkins was reportedly involved in a traffic accident on Simonds Road, Darien, at 11:51 a.m. on Dec. 1. During the investigation, Deputy Stephen Smith determined Hawkins was allegedly in possession of a large quantity of controlled substances. Hawkins was held pending arraignment.

Law and Order: Three Michigan residents arrested in alleged credit card scam at Speedway

By Howard B. Owens

Germayne D. Fifer, 19, of Inkster, Mich., Elijah A Davis, 22, of Inkster, Mich., and Tyrese I. Heard, 19, of  Ypsilanti, Mich., are charged with grand larceny 3rd and conspiracy 5th. The trio is accused of engaging in a credit card scam at Speedway in Batavia on Nov. 9 when they allegedly stole $5,000 in gift cards. Batavia patrol officers located the suspects' vehicle on Oak Street. The three suspects were arraigned in City Court and released.

Ameriquay J. Scott-Whitaker, 18, of Rochester, is charged with criminal possession of stolen property 3rd, reckless endangerment 1st, endangering the welfare of a child, possession of burglar's tools, and unlawful fleeing police in a motor vehicle 3rd. On Nov. 3, Batavia patrol officers attempted a traffic stop on Clinton Street of a vehicle that had been reported stolen in Rochester. The vehicle did not stop, which initiated a pursuit. State Police deployed spike strips to stop the vehicle on Route 33 near Route 19 in Bergen. Scott-Whitaker, along with four juveniles, were taken into custody. Scott-Whitaker was arraigned and is due in City Court and released.

Jamie S. Kraft, 38, of Bath, was arrested on Nov. 8 on a warrant. Kraft was initially arrested on Sept. 13 and charged with aggravated harassment 2nd, obstructing governmental administration 2nd and falsely reporting an incident 3rd. Kraft allegedly made numerous 911 calls in which he falsely reported that people had been struck by lightning. He then allegedly threatened to stab police. Kraft was arraigned and released on his own recognizance. 

Jimmy Ramirez, 41, of Rochester, is charged with felony DWI. Batavia patrol officers responded to a report on Nov. 4 of a possibly intoxicated driver on Lewiston Road and stopped a vehicle allegedly driven by Ramirez as a result. He was issued traffic tickets and released.

Edwin L. Bethel, 57, of Rochester, is charged with assault 3rd, two counts of endangering the welfare of a child, criminal mischief 4th, of petit larceny. Bethel is accused of causing injury to another person, damaging property, and stealing car keys during a disturbance on South Main Street in Batavia on Nov. 11 while in the presence of two children. He was arraigned in City Court and released.

Kate J. Long, 39, of Batavia, is charged with harassment 2nd. It is alleged that Long sent numerous "unwanted" emails to Batavia City School District board members for "no legitimate" purpose. Long was issued an appearance ticket.

Stephanie L. Coley, 41, of Lockport, was arrested on Nov. 16 on a warrant. Coley was initially charged on Sept. 24, 2021, with criminal possession of a controlled substance 7th. A warrant was issued after she allegedly failed to appear in court. She was arraigned and released under supervision.

Michael J. Torres, 40, of Batavia, was arrested on Nov. 15 on a warrant. Torres was initially charged on April 12 with criminal possession of a controlled substance 3rd (Intent to Sell) and obstructing governmental administration 2nd after allegedly fleeing a traffic stop on a bicycle. He was arraigned and released.  Torres is also charged with two counts of criminal possession of a controlled 7th. Torres was arrested following a traffic stop at 6:17 p.m. on Nov. 15 by Deputy Nicholas Chamoun. He was allegedly found in possession of cocaine and buprenorphine. He was held at the Genesee County Jail pending arraignment.

George J. Budzinack, 43, of Batavia, was arrested on Nov. 16 on a warrant. Budzinack was initially arrested on Sept. 27 after an investigation into the larceny of a bicycle, on East Main Street in Batavia. The warrant was issued after he allegedly failed to appear in court. Budzinack was arraigned and released.

Christine M. Caplis, 43, of Elba, is charged with criminal tampering 3rd. Caplis is accused of tampering with security cameras in an apartment building on Liberty Street on Nov. 13. She was issued an appearance ticket.

Thomas A. Griffin, 36, of Batavia, is charged with driving while ability impaired by drugs. Griffen is accused of driving while impaired on Oct. 10 and was arrested on Nov. 14. He was issued an appearance ticket.

Timothy M. Pendleton, 38, of Batavia, is charged with criminal possession of a controlled substance 7th, obstructing governmental administration 2nd, and several traffic violations. Pendleton was stopped on Nov. 2 on East Avenue by a Batavia patrol officer. He was allegedly found in possession of narcotics and then fought with police while officers attempted to take him into custody. He was issued an appearance ticket.

Dorian D. Batchelor, 56, of Williamsville, is charged with criminal contempt 2nd. Batchelor is accused of violating an order of protection by entering the protected party's residents on Nov. 15. He was arraigned and released.

Benjamin G. Evans, 35, of Batavia, was arrested on Nov. 9 on warrants issued by City Court. Two of the warrants were related to separate petit larceny charges. The other resulted from charges of trespass and criminal possession of a controlled substance 7th. He was arraigned and released.

Jeanine D. Fuller, 37, no residence provided, was arrested on Nov. 9 on a warrant. The warrant was issued as a result of Fuller allegedly being found inside of the vacant Days Inn Motel on Oak Street on Aug. 23. She was arraigned and released.

Marcus A. King, 22, of Rochester, is charged with harassment 2nd.  King is accused of striking another person in the face at a location on Pearl street on Nov. 6. He was issued an appearance ticket.

Gregory M. Wansha, 23, of Batavia, is charged with criminal mischief 4th. Wansha is accused of slashing the tire of another person's car on Nov. 11 at an undisclosed location. Wansha was issued an appearance ticket.

Adam J. Kaczanowski, 22,  of Eden, was arrested on Nov. 17 on a warrant. Kaczanowski was originally charged with aggravated unlicensed operation of a motor vehicle 3rd after being involved in a motor vehicle accident on Sept. 26. He was issued an appearance ticket but allegedly failed to appear in court. Kaczanowski was arraigned in City Court and released on his own recognizance. 

Terrance L. Falk, 25, of Batavia, was arrested on Nov. 6 on a warrant issued by City Court. The original charges stem from an incident on Washington Avenue where Falk allegedly threatened another person with a knife. He was arraigned and remanded to the Genesee County Jail. 

Krystal L Frye, 33, of Jamestown, was arrested on a warrant on Nov. 20. Frye was initially arrested on April 2, 2019, and charged with grand larceny 4th after an investigation into an incident where she allegedly stole a debit card. A warrant was issued after Frye allegedly failed to appear for a court appearance. She was arraigned and released on her own recognizance. 

Kenneth B. Jordan, 31, of Albion, was arrested on Nov. 13 on a warrant. Jordan was originally charged on Jan. 16 with aggravated unlicensed operation of a motor vehicle 3rd, after a traffic stop on River Street. Jordan was issued an appearance ticket but allegedly failed to appear in court. He was arraigned in City Court and released. 

David Henry Kendall, 39, of North Street, Le Roy, is charged with promoting prison contrand and criminal possession 1st of a controlled substance 7th. Kendal is accused of knowingly obtaining and possessing a narcotic drug on Nov. 18 inside the Genesee County Jail.  Kendall was arraigned and remanded back to the custody of the jail. 

Anthony Leo Vanelli, Sr., 46, of East Main Street, Batavia, is charged with criminal sale of a narcotic drug and promoting prison contraband. Vanelli is accused of knowingly and unlawfully introducing a narcotic into the Genesee County Jail on Nov. 18 and giving the drug to another inmate. Vanelli was arraigned and is being held without bail.

Dustin Albert Huffer, 40, of Silver Springs, is charged with felony DWI, speeding, aggravated unlicensed operation, unlicensed driver, and reckless driving. Huffer was stopped at 2:48 a.m. on Nov. 19 on Route 5 in Pembroke by Deputy Stephen Smith. Huffer was processed at the Genesee County Jail and released.

Maranda Lena Button, 30, no street address provided, of Batavia, is charged with criminal possession of a controlled substance 7th and insufficient signal. Button was allegedly found in possession of drug paraphernalia during a traffic stop at 12:21 a.m. on Oct. 28 by Deputy Jeremiah Gechell. Button was processed at the Genesee County Jail and released.

Anthony Ross Morrow, 40, of Niagara Street, Lockport, is charged with petit larceny. Morrow is accused of stealing a crossbow from Dick's Sporting Goods at 8:02 p.m. on Nov. 24.  Morrow was transported to the Genesee County Jail for processing and released.

Samuel Robert Baudanza, 26, of Buffalo Street, Bergen, is charged with assault 3rd and criminal mischief. Baudanza was arrested following a report of a disturbance at Ralph and Rosies on Lake Avenue in Bergen at 10:04 p.m. on Nov. 25. Baudanza is accused of fighting with two people and damaging merchandise. Baudanza was held for arraignment.

Nicole M. Trapp, 21, of Buffalo, is charged with harassment 1st. Trapp was arrested by State Police on Nov. 28 in connection with an incident reported in the Town of Alabama at 10:54 a.m. on July 2. She was released on an appearance ticket. No further information was released.

Virginia A. Marks, 44, of Batavia, is charged with petit larceny. Marks was arrested by State Police in connection with an incident reported at 11:12 a.m. on Nov. 27 in the Town of Batavia. She was released on an appearance ticket. No further information was released.

Charles A. Kohorst, 54, of Corfu, is charged with criminal contempt 2nd. Kohorst was arrested by State Police in connection with an incident reported at 12:56 p.m. on Nov. 27 in the Town of Pembroke. He was held in custody. No further information was released.

Heidi S. Kollarik, 51, of Oakfield, is charged with DWI. Kollarik was stopped by a Batavia patrol officer on Nov. 9 at an undisclosed time on East Main street, Batavia. She was issued traffic tickets and released.

Hawley, Borrello criticize new law that seals criminal records

By Howard B. Owens

Press release from Assemblyman Steve Hawley:

Assemblyman Steve Hawley (R, C -Batavia) recently criticized the Clean Slate Act, a proposal that would seal the criminal records of recently released convicts. This week, the measure was signed into law by Gov. Hochul. Supporters of the bill argue this will help incarcerated individuals get jobs after they’ve served their time and combat racial bias in the state’s criminal justice system. Critics, however, have said this will make it virtually impossible for employers, landlords and other business owners to fully vet their incoming employees and tenants. Hawley is frustrated because reckless policies like the Clean Slate Act are giving criminals a free pass and making communities less safe.

“This is yet another example of the Majority in Albany imposing their radical ideology on everyday New Yorkers,” said Hawley. “We live in a country where criminals are treated like victims, and the people who are hurt by these crimes are put to the side. Public safety is not something we can afford to mess around with. We need to return to a system where we respect the rule of law and hold criminals accountable for their actions.”

Press release from Sen. George Borrello:

“Governor Hochul’s signing today of the Clean Slate Act is more confirmation that catering to criminals and the radical wing of her party is more important than the safety and concerns of New Yorkers who have repeatedly cited rising crime as the state’s number one problem.    

This misguided law will allow criminals – even serial offenders -- to have their records automatically sealed after a specified time period. Serious crimes like manslaughter, armed robbery, domestic violence, and arson are among the crimes that will be hidden from employers and landlords, placing countless unsuspecting individuals in harm’s way. 

There already exists a process for sealing criminal records that has reasonable safeguards to assure that the individuals in question don’t pose a public safety risk. Yet, like with all the criminal justice reforms passed in recent years by Albany Democrats, reasonable policies and reforms have been rejected and replaced with reckless versions.

This law is another slap in the face to New Yorkers who are watching their safety and quality of life rapidly erode.”

Law and Order: Woman charged with theft in connection with assault on Law Street in May

By Howard B. Owens
mug nicole trapp
Nicole Trapp

Nicole M. Trapp, 21, of Buffalo, is charged with grand larceny 4th. Trapp was arrested on Nov. 1 following an investigation into an assault that occurred on Nov. 1 on Law Street, Batavia. Trapp is accused of stealing property from another person during the incident. She was arraigned in City Court and released under supervision.

Jennifer M. Shaffer, 41, of Batavia, is charged with aggravated driving while ability impaired by drugs (Leandra’s Law). Shaffer was stopped on Nov. 7 by a Batavia patrol officer at an undisclosed location. She is accused of driving while impaired by drugs with a child in the car. She was issued traffic tickets. PUBLISHER'S NOTE:  There are two women with children in Batavia named Jennifer Shaffer. Only one of the two was arrested.

jennifer m shaffer
Jennifer M. Shaffer

Kathleen M. Zemke, 58, of Perry, is charged with DWI.  Zemke was arrested by Batavia PD following a complaint from her employer that she had shown up to work intoxicated. She was issued traffic tickets.

Phillip P. Heale, 45, of Batavia, is charged with harassment 2nd. Heale is accused of hitting another person in the face during a fight on Nov. 6 on East Main Street. He was issued an appearance ticket.

Dean D. Root, 42, of Batavia, is charged with driving while ability impaired by alcohol and criminal possession of a controlled substance 7th. Root was stopped by a Batavia patrol officer on Oct. 18 at an undisclosed location. He was issued traffic tickets.

Aaron R. Hatfield, 39, of Batavia, was arrested on a warrant (jurisdiction not provided). Hatfield was initially arrested on Aug. 14, accused of petit larceny and criminal possession of a controlled substance 7th after allegedly stealing merchandise from Tops. He was issued an appearance ticket but failed to appear in court. A warrant was issued on Sept. 26. He was arrested on the warrant on Oct. 6. He was arraigned and released. He again failed to appear in court, and another warrant was issued on Oct. 19. He was arrested on Nov. 3 and arraigned in CAP Court. He was released and is due back in court at a later date.

Caitlyn A. Heidenreich, 26, of Batavia, is charged with DWI. Heidenreich was charged following a traffic accident reported on Harvester Avenue at 7:30 p.m. on Nov. 2. Heidenreich was allegedly operating a motor vehicle that crashed into a parked car. He was issued traffic tickets and released.

Zachary D. Kaczor, 29, of Buffalo, is charged with aggravated DWI. Kaczor was stopped by a Batavia patrol officer at an undisclosed time on Oct. 29 on Ellicott Avenue, Batavia. He was issued traffic tickets.

Patricia M. Anderson, 38, of Batavia, was arrested on a warrant (jurisdiction not provided). Anderson was initially arrested on April 9 and charged with petit larceny, after allegedly stealing merchandise from 7-Eleven. She was issued an appearance ticket, but allegedly failed to appear. A warrant was issued on May 16. She was arrested on the warrant on Aug. 9. She was arraigned and released. She again failed to appear, and another warrant was issued on Oct. 10. She was arrested on Oct. 30 and was arraigned in  City Court and remanded to the Genesee County Jail on $2,500 cash bail, $5,000 bond, and $10,000 partially secured bond. 

Law and Order: Batavia woman facing drug dealing charges

By Howard B. Owens
joanna larnder
Joanna Lardner

Joanna F. Larnder, 30, of Batavia, is charged with criminal sale of a controlled substance 3rd and criminal possession of a controlled substance 3rd. Larnder was arrested by deputies on a sealed indictment. Larnder is accused of selling crack cocaine to an agent of the Local Drug Task Force. She was previously arrested on charges stemming from a warrant executed by the task force in late August in the City of Batavia. During the search, she was allegedly found in possession of cocaine with the intent to sell. She allegedly failed to appear in court as ordered on those charges. Larnder was released on her own recognizance in compliance with current bail laws on the drug charges. She is being held on bail-jumping charges.

Carrie Ann Stewart, 43, of West Avenue, Attica, is charged with petit larceny. Stewart is accused of shoplifting from Old Navy on Veterans Memorial Drive at 4:48  p.m. on Sept. 27. She was arrested on Nov. 11. She was processed at the Genesee County Jail and issued an appearance ticket.

Katherine Marie Fremgen, 35, of East Avenue, Clarence, is charged with driving while impaired by drugs, failure to yield right of way, and moving from lane unsafely. Fremgen was stopped for alleged erratic operation at 10:29 p.m. on Sept. 27 on Veterans Memorial Drive, Batavia, by Deputy Alexander Hadsall. Fremgen was arrested on Nov. 13 based on the results of a blood test.  Fremgen was processed at the Genesee County Jail and released.

edward Ruckdeschel
Edward Ruckdeschel

Edward G. Ruckdeschel, 61, of Batavia, is charged with grand larceny 3rd and two counts of grand larceny 4th. Ruckdeschel was arrested on Nov. 14 by State Police on a theft reported at 9:07 a.m. on Oct. 19 in the Town of Batavia, on a theft reported at 5:55 p.m. on Oct. 19 in the Town of Bethany, and on a theft reported at 7:14 a.m. on Oct. 20 in the Town of Alexander. He was ordered held. The State Police, contrary to state law, did not release any further details of the cases.  )See previously: Parolee with lengthy criminal record accused of multiple vehicle thefts in the county)

Richard W. Rumble, 38, of Corfu, is charged with DWI and driving with a BAC of .08 or greater. Rumble was arrested by State Police at 2:32 a.m. on Nov. 12 in the Town of Pembroke.

Law and Order: Suspect in theft of coat from Dick's arrested

By Howard B. Owens

Brian William Kennedy, 47, of East Main Street, Batavia, is charged with petit larceny, possession of burglary tools, and conspiracy 6th. Kennedy is accused of entering Dick's Sporting Goods at 2:49 p.m. on Nov. 6 and removing the security tag from a coat. He then allegedly left the store without paying for the coat. He was located by deputies inside Walmart a short time later. In the initial report, there was a possible second subject involved in the case. No second arrest has been announced by the Sheriff's Office. The deputies handling the case are Chad Cummings, Jenna Ferrando, and Richard Schildwaster.

John J. Saddler, Jr., 36, of West Main Street, Batavia, is charged with petit larceny. Saddler is accused of stealing a bag of commissary items from the Genesee County Jail on Nov. 6 at 5:49 p.m. during commissary distribution. Saddler was issued an appearance ticket.

Sylvan Parker Grayson, 34, of West Main Street, Batavia, is charged with obstructing governmental administration 2nd.  Grayson, an inmate at the Genesee County Jail, is accused of using shaving cream to obscure the view of a camera in the jail. He was arrested and returned to custody in the jail.

Rochester man previously accused of selling fentanyl arrested on new drug dealing charges

By Howard B. Owens
Alterique Day
Alterique Day

A Rochester resident has been accused of dealing drugs in Genesee County following a six-month-long investigation by the Local Drug Task Force into the possession, transportation, and sale of crack cocaine.

Alterique Day, 51, is charged with criminal sale of a controlled substance in the third degree, a Class B felony, and criminal possession of a controlled substance in the third degree, a Class B felony.

Day was taken into custody on Nov. 7 by deputies on a sealed grand jury indictment warrant issued by Genesee County Court. 

In late August, Day was accused of selling a quantity of fentanyl to an agent of the task force in the City of Batavia and taken into custody. He was charged with criminal possession of a controlled substance with intent to sell and criminal possession of a weapon. He was initially held on bond but then released later in accordance with state bail laws.

On the new charges, he was arraigned in County Court and released on his own recognizance in accordance with state bail laws.

The task force was assisted by deputies, deputies from Livingston County, and the District Attorney's Office.

 

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