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February 26, 2020 - 12:34pm
posted by Billie Owens in crime, news, notify, batavia.

Calvin John Rodriguez, 40, of Hillside Avenue, New York City, is charged with: criminal contempt in the second degree; obstructing governmental administration; two counts of criminal possession of a controlled substance in the seventh degree; criminally using drug paraphernalia in the second degree; and possession of a hypodermic instrument. On Monday (Feb. 24), the Genesee County Sheriff's Office was investigating a violation of a duly served order of protection. Deputies located the suspect -- Rodriguez -- who allegedly had made threatening gestures toward the protected party and acted in a manner contrary to the provisions set forth in the order of protection. During the interview with deputies, he allegedly attempted to flee the encounter and resisted as deputies attempted to perform their lawful duties. He was taken into custody and charged with criminal contempt in the second degree and obstructing governmental administration. The investigation led to the execution of a search warrant at an address on Park Road in the Town of Batavia. During the search, methamphetamine, prescription medications and drug paraphernalia were located, allegedly possessed by Rodriguez. He was arraigned the next day in Batavia City Court on the charge of second-degree criminal contempt -- a qualified offense under the new Bail Reform Law, and the other charges. He was put in the custody of the Genesee County Sheriff's Office in lieu of cash bail or bond. He is to appear in both City and Town of Batavia courts at a later date. Assisting in the investigation were members of the Genesee County Drug Task Force, Sheriff's Sgt. Michael Lute, Deputy Brock Cummins, Batavia Police, along with the GC District Attorney's Office. Rodriguez was also charged with petit larceny in connection with an incident that allegedly occurred the afternoon of June 8 at Kohl's department store on Veterans Memorial Drive in Batavia. He received an appearance ticket and is due in Batavia Town Court on March 5 to answer that charge. The petit larceny case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Ryan DeLong.

February 25, 2020 - 11:31am
posted by Howard B. Owens in crime, batavia, news, notify.
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          Daniel Lewis

Another criminal charge has been filed against a Western New York man who was released from custody Dec. 5 after admitting to stolen property charges in Genesee County Court.

Daniel Jon Lewis, 24, who has variously been listed as a resident of Lima, Chili, and with no permanent address, went on -- if the allegations against him are true -- a crime spree in Genesee County starting Jan. 1.

The latest charge against Lewis is petit larceny for an alleged theft at a residence on Stringham Drive, Batavia, just after midnight, Jan. 3.

Lewis is being held without bail in the Genesee County Jail on a felony robbery charge. He is accused of forcibly taking property from a person on Bank Street, Batavia, on Jan. 1. He was named as the suspect in that case and taken into custody late in January. By that time, he had allegedly committed a number of thefts and fled from police when allegedly caught in the act in the Haven Lane area.

When Lewis pled guilty to criminal possession of stolen property in the fourth degree as a second felony offender on Dec. 6, his attorney, Fred Rarick told Judge Charles Zambito that his client should be released from custody since, under terms of bail reform legislation taking effect at the start of the year, Lewis would be eligible for release while awaiting sentencing.

Neither Zambito nor District Attorney Lawrence Friedman contradicted Rarick's mistaken interpretation of the new law, but it appears that Lewis would not have been eligible for release under bail reform. CLARIFICATION: Lewis was eligible for release; however, his release was not mandatory.

Public Defender Jerry Ader brought the discrepancy to the attention of The Batavian after previous articles noted that Lewis was released from custody because of bail reform. While that may be factually correct, to the degree that was the understanding in County Court on Dec. 5, the truth is, Ader said, bail reform only applies to pretrial/preconviction defendants. 

"The pretrial bail reforms were no longer applicable to his case after he entered a plea of guilty," Ader said in an email to The Batavian. "The judge exercised his discretion when he decided to release Mr. Lewis to the supervision of Genesee Justice. He did not have to do so.

"He also had the authority at any time after Mr. Lewis was released to revoke that securing order and issue a new one, which could have included setting bail if he was not compliant with his release conditions."

Over the course of our discussion of the case, which included Ader reviewing the minutes of the Dec. 6 hearing, Ader asked that in reporting this clarification, we include his view: "I do not know whether the Court would have still released Mr. Lewis under supervision of Genesee Justice if Mr. Rarick had made the request after the plea was entered without any reference to the upcoming changes in the bail statutes. He may have been inclined to do it either way. You can’t tell from the record of the proceedings."

Lewis remains a person of interest, according to criminal justice sources, in the theft and police pursuit involving a Spectrum work truck Jan. 25. Lewis has reportedly been cooperating with investigators on several pending cases.

Previously:

February 24, 2020 - 3:41pm
posted by Billie Owens in news, crime, notify, batavia, pembroke.

David James LeRoy, 27, of Gabbey Road, Pembroke, is charged with aggravated harassment in the second degree and falsely reporting in the third degree. At 3:57 p.m. on Feb. 23, LeRoy was arrested after allegedly making several phone calls to the Genesee County Emergency Dispatch Center for no legitimate purpose, and making false reports. He was released on appearance tickets and is due in Pembroke Town Court on March 3. The case was handled by Genesee County Sheriff’s Deputy David Moore.

Three Buffalo residents are charged with crimes following a reported of an alleged larceny from Target in Towne Center at Batavia mall on Feb. 23. They reportedly left the scene and were located on the Thruway in Pembroke. Arrested at 5:25 p.m. Sunday were: Ashley M. Drexinger, 27, of Kensington Avenue, who is charged with third-degree grand larceny – a Class D felony, and fifth-degree conspiracy – a Class A misdemeanor. Ericka K. McBride, 30, of Janet Avenue, is charged with fifth-degree conspiracy and unlicensed operation of a motor vehicle. Kahel S. Suttles, 23, of Dodge Street, is charged with third-degree grand larceny, and unlawful possession of marijuana. All were released on appearance tickets and are due in Town of Batavia on March 5. The case was handled by Genesee County Sheriff’s Deputy Mathew Clor, assisted by Deputy David Moore.

Harry Thomas Gibson, 55, of Watson Street, Batavia, is charged with petit larceny. On Feb. 21 at 6:25 p.m. Gibson was arrested for petit larceny following a complaint of a shoplifter at Kohl’s department store. He allegedly stole three bottles of cologne. He was issued an appearance ticket and is due in Batavia Town Court on March 5. The case was handled by Genesee County Sheriff’s Deputy Mathew Clor.

February 19, 2020 - 5:35pm
posted by Billie Owens in crime, news, notify, batavia.

Tonya Marie Ficarella, 33, of Lovers Lane Road, Batavia, is charged with endangering the welfare of a child. On Feb. 13 at 8:45 p.m. Genesee County Sheriff's deputies took a report of a domestic incident that occurred earlier in the day. Following an investigation, Ficarella was arrested. It is alleged that Ficarella struck a male in the face during a physical altercation in front of a 3-year-old child. She was issued an appearance ticket and is due in Batavia City Court on March 5. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Shaquille Levon Davis, 27, of West Main Street Road, Batavia, is charged with third-degree menacing and second-degree harassment. Following a domestic incident at a local motel on West Main Street Road in Batavia, Davis was arrested for allegedly putting a victim in fear of physical injury by placing his hands on the victim. He was arraigned in Town of Batavia Court and is due to return there on March 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Joshua Brabon.

February 19, 2020 - 2:21pm
posted by Howard B. Owens in crime, batavia, news, notify.
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       Brandon Fogg

A man who threatened a police officer with a BB gun is doing well in drug treatment, according to reports given to Judge Charles Zambito, but that wasn't enough to keep him out of jail for eight months.

Brandon Fogg, 32, pulled out what looked like a handgun while wrestling with a police officer at a location on Cedar Street one night in early June and a citizen intervened and stepped on Fogg's hand.

That intervention may have saved Fogg's life.

A week later, he entered a guilty plea to menacing and since then has been through treatment at Bradford and Atwater and is currently in an outpatient house run by GCASA.

His attorney, Jamie Welch, argued for an intermittent jail sentence given Fogg's success and the potential for disrupting that success with a continuous jail term.

Fogg told Zambito that he's been eight months clean. He thanks Zambito for the chance to go through treatment and giving him his life back.

"Being sober, next to my children, is the most important thing in my life," Fogg said. "I've done everything you've asked of me and I believe I've done well. I stand here another man ready to accept whatever you decide."

Zambito said considering the seriousness of the offense, a jail term that served as a sanction was necessary.

"You mentioned you wanted to commit suicide by cop," Zambito said. "You're lucky that didn't happen because it certainly seems like the officer would have been justified. Even though it was a toy gun you pulled on an officer, only the intervention of a bystander saved you."

Zambito said he didn't believe eight months in jail would disrupt Fogg's path of sobriety.

February 19, 2020 - 1:39pm
posted by Howard B. Owens in quinten edmonds, crime, murder, news, batavia, notify.

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Michael Paladino, who would have turned 44 years old today had he not been murdered by Quinten J. Edmonds on June 1, 2019, was remembered today in County Court as a loving son, brother, and father, but his aunts and mother, who each asked that Judge Charles Zambito give the lifelong criminal the maximum prison term available.

And so Zambito did, 20-years-to-life.

There was no expression of sympathy from the judge, even in response to an apology from Edmonds -- who didn't just react in the heat of the moment to Paladino's attempt to protect two women Edmonds was attacking: he took the time and effort to go to the apartment of an acquaintance on Ross Street and retrieve a knife.

“For whatever reason, you thought you had a score to settle with him," Zambito said. "You say you didn’t intend to kill him but when you stab somebody that many times with a knife, I don’t see how it can be reasonably viewed that you didn’t know he wouldn’t die from those injuries.”

Edmonds had told Zambito minutes before, "I take full responsibility for what happened and I apologize to the victim’s friends and family and to my family. This isn’t who I was raised to be and I didn’t intend to take anybody’s life that night. I was drinking and I took the situation too far and I’m sincerely sorry."

Family members said they will never recover from the death of Paladino.

"The loss of Michael has hurt our family beyond words," said Carol DiFrancisco, an aunt. "There are no more birthday parties, backyard parties, holidays, or other gatherings that will be the same. Our family is forever broken."

At the close of her statement, she said, "Quinten Edmonds has given Michael’s loving family a life sentence of eternal sadness.”

His aunt Nancy Elmore said, "He was a big man, not just from a physical standpoint but from the kindness of heart. His actions on June 1, 2019, will tell you that. Rendering aid to people he didn’t even know without regard to his own safety shows he was a kind, gentle, caring man."

The sister of Paladino's mother, Barbara Fay, read a statement on her behalf.

She said, "The pain will never go away for any of us. I don’t know how I could survive this if not for my loving family you see here. It helped me survive and pushed me forward."

She called Edmonds a brutal criminal who has no regard for human life.

"He should never walk free again to repeat his actions."

The family vowed to show up at his first parole hearing in about 20 years to oppose his potential release.

Throughout today's hearing, except when he was speaking, Edmonds sat motionless in his chair at the defense table and stared straight ahead. He never looked at any of the other speakers.

District Attorney Lawrence Friedman also asked that Edmonds be shown no leniency in sentencing. He questioned Edmonds' claims that he was too intoxicated to know what he was doing and that he didn't intend to kill Paladino.

“He said he got the knife to scare Mike," Friedman said. "He didn’t need to scare Michael Paladino. He was the aggressor in this case and when he got to the corner he could have left. He did not and he got the knife because he intended to kill Michael Paladino."

Edmonds claims he was intoxicated, Friedman explained to Zambito, but he had the presence of mind to know to go to a residence he had been to before. He knew the residence well enough to know where to find a knife in the kitchen. Later, when Edmonds recounted events in his interview with a probation officer, he recalled details that are consistent with what witnesses said and the police investigation showed.  

“There is no indication he was so intoxicated that he was incapable of planning a murder," Friedman said.

Friedman said Zambito's decision was all about how long he wanted to protect society from a person who is committing such a horrible crime.

Defense Attorney Fred Rarick did not request for his client anything other than the sentencing recommendation agreed to at the time of Edmonds' guilty plea in August. He says, however, while acknowledging that his statement would be subject to misinterpretation, that perhaps something good could come from the events of June 1: That rather than first jump into a situation where people are fighting and yelling, people should call 9-1-1 first. If Paladino had done that, Rarick said, perhaps this whole outcome could have been avoided.

That drew a bit of a rebuke from Zambito when he spoke.

“I trust Mr. Rarick is not trying to blame Michael Paladino because that would be an injustice.”

Zambito acknowledged that Edmonds had a difficult childhood. He didn't have a father. His mother struggled to raise him but, Zambito said, Edmonds had a "loving grandmother who tried to raise him right."

Even so, Edmonds' criminal history became when he was 12 years old and he then spent the next 20 years either confined or awaiting confinement.

“You had many opportunities to deal with those issues, issues you had to know you had, and you never did," Zambito said. "That one is on you. It’s one thing to say you come from a difficult background, you were brought up in difficult circumstances. But life isn’t fair and at some point you had to recognize you have a problem. You don’t deserve to live in the community. You’re too much of a risk, too much of a danger to the rest of us and to people like Michael Paladino.”

NOTE: At the end of the proceedings, DA Lawrence Friedman informed the court that during the pretrial sentencing investigation, a records check in Monroe County by the probation department found that the correct spelling of the defendant's first name is "Quinten." He moved to have all court documents corrected. Contrary to previous reports, we've used the spelling "Quinten" in this story.

February 18, 2020 - 10:58pm
posted by Howard B. Owens in crime, bergen, news, batavia, notify.

A man accused of taking a teenage girl across state lines was scheduled for sentencing in Genesee County Court today but when his appearance time came, he wasn't in court.

It turns out Guillermo Torres-Acevedo was confused about his sentencing agreement and didn't want to appear until he spoke with the attorney representing him in Federal Court.

He couldn't reach his attorney, Alexander J. Anzalone, a Federal public defender, who was away from his phone because he was in County Court waiting for Torres-Acevedo.

Once the confusion was cleared up, Torres-Acevedo was transported by a deputy from the jail to the courthouse.

Torres-Acevedo was not sentenced today because he has not been sentenced yet in Federal Court, where he's facing from 70 to 96 months in prison.

The 23-year-old Batavia resident, who entered a guilty plea in early December to rape in the second degree, apparently thought he couldn't be sentenced in County Court until after he was sentenced in Federal Court; however, that wasn't the actual plea agreement. His sentencing locally was delayed until after his originally scheduled appearance before a Federal judge but there was no promise that his sentencing would come after that appearance.

His local attorney, Thomas Burns, asked that sentencing for Torres-Acevedo be delayed not just because a locally imposed sentence could affect the upper end of the possible sentence in Federal Court, but also because there are documents he and Anzalone are trying to obtain that could impact the decisions of the judges in both jurisdictions on the defendant's possible sentence.

Burns said both attorneys recently became aware of information that indicated Torres-Acevedo was neglected and abused as a child in Puerto Rico.  Both attorneys are seeking time to obtain documentation from Puerto Rico that would substantiate this claim and that information could have a bearing on sentencing.

Judge Charles Zambito granted the request to delay sentencing to 9 a.m. April 20 but warned Torres-Acevedo that he wouldn't wait indefinitely for the documents to be produced or for a Federal judge to issue a sentence. Zambito said he could very well go ahead with sentencing in April even if the other issues haven't been resolved.

As a precaution, at the request of District Attorney Lawrence Friedman, Zambito signed a "drag order," giving deputies permission to bring Torres-Acevedo to court by force if necessary on April 20. Burns didn't oppose the order but said that since today's initial refusal to appear was just a misunderstanding he was certain the drag order would be unnecessary. 

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February 18, 2020 - 10:19pm
posted by Howard B. Owens in crime, batavia, news, notify.
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     Denzell Johnson        Shafatiah Miller

Two Monroe County residents, Denzell Johnson and Shafatiah Miller, fled police in the area of Ellicott Street and South Swan one night last month following an attempted traffic stop.

They were eventually captured and Johnson was charged with criminal possession of a weapon on school grounds, obstruction of governmental administration and unlawful fleeing a police officer.

Both men, under the terms of New York's bail reform initiative, were issued appearance tickets.

Social media wags said it was the last we would see of them in Genesee County.

Today, promptly at 1 p.m., they were both in City Court for their arraignments.

Both entered not guilty pleas and were ordered to return to court on March 12.

Judge Durin Rogers placed them on nonmonetary restrictions, such as a requirement to report to Genesee Justice and to report in as requested by the agency. Miller was given a curfew for 7 p.m. to 6 a.m.

Both were admonished that failure to comply with the court order could result in additional nonmonetary restrictions.

February 14, 2020 - 1:23pm
posted by Billie Owens in crime, news, notify, batavia.

Thomas J. Leonard, 36, no permanent address, is charged with falsifying business records in the first degree, petit larceny, and conspiracy in the sixth degree. Leonard was arrested at 6 p.m. on Feb. 13 on an arrest warrant out of Town of Batavia Court. The warrant stems from an investigation into a larceny that occurred at Walmart. It is alleged that Leonard stole property from Walmart, then attempted to pawn the property at Pawn King Pawn Shop and falsified business records in the process. He was arraigned in Batavia Town Court, then released on his own recognizance. He is due to return to court on March 17. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien. The arrest was made by Deputy Erik Andre with the assistance of Batavia Police Officer Christopher Lindsay.

Christopher Michael Sims, 31, of Manhattan Avenue, Batavia, is charged with: driving while intoxicated, with a prior conviction within 10 years; parking on a highway; having an uninspected motor vehicle; and refusing to take a breath test. Sims was arrested at 5:46 a.m. this morning (Feb. 14) on Dubline Road in Bethany after a traffic complaint. It is alleged that Sims was driving a vehicle while intoxicated by alcohol after being found unresponsive parked in the roadway. He was processed at the jail and released on appearance tickets. He is due in Bethany Town Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Jordan Alejandro.

Kyle Christopher Madden, 26, of Lake Street Road, Le Roy, is charged with criminal possession of a controlled substance in the seventh degree. Madden was arrested at 12:18 p.m. on Feb. 13 at an apartment on Lake Street Road in Le Roy during an investigation of an unrelated matter. He was released with an appearance ticket and is due in Le Roy Town Court on Feb. 20. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Christopher Parker.

February 12, 2020 - 4:01pm
posted by Billie Owens in crime, news, notify, alexander, batavia, Darien, Oakfield.

Adrian R. Laird, 18, of Hutchins Street, Batavia, is charged with second-degree rape. Laird's arrest stems from an alleged incident on Hutchins Street in Batavia at 8 p.m. on Jan. 10. He was arraigned in Batavia City Court on Feb. 10 and is to return there at 9 a.m. on Feb. 13. The case was investigated by Batavia Police Detective Matthew Wojtaszczyk.

Gregory Seppe (inset photo, left), 61, of Pringle Avenue, Batavia, is charged with endangering the welfare of a child and second-degree burglary. He was arrested at 11:39 a.m. on Feb. 8 in the 100 block of State Street by Batavia Police Officer Peter Post after he allegedly pushed his way into a local residence while attempting to sell drugs. Seppe allegedly refused to leave after being asked to do so multiple times by the tenants. Seppe was released on an appearance ticket and is due in Batavia City Court on Feb. 13. Batavia Police Officer Stephen Quider assisted in the case.

Alexis V. Finnin, 31, of Washington Avenue, Batavia, is charged with endangering the welfare of a child. She was arrested after an investigation of an incident on East Main Street in Batavia at 8:38 p.m. on Sept. 14. It is alleged that at that time she was intoxicated/impaired to the point of not being able to adequately supervise a 5-year-old child, thereby subjecting the child to risk of physical, mental and moral harm. She was released on an appearance ticket and was due in Batavia City Court on Feb. 11. The case was handled by Batavia Police Officer Jason Ivison.

Tanya Lee Captain, 32, of Darien, is charged with: aggravated driving while intoxicated -- a BAC of .18 percent or more; DWI -- first offense; criminal mischief -- intentionally damaging property; and failure to stop at a stop sign. She was arrested at 11:57 p.m. Feb. 11 in Alexander after an incident was investigated that occurred on Pike Road in the Town of Batavia. She was issued an appearance ticket and is due in Alexander Town Court on Feb. 18. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy John Baiocco.

Michelle L. Sahr, 52, of North Main Street, Albion, is charged with second-degree harassment. She was arrested on a warrant out of Batavia City Court after she was located by Albion PD on an unrelated matter. She was processed at Batavia PD and released on an appearance ticket for Feb. 13 in city court. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Miah Stevens.

Debra Lynn Mattoon, 40, of Batavia Oakfield Townline Road, Oakfield, was arrested and charged with petit larceny at 4 p.m. Feb. 7. It is alleged that she stole merchandise from Tops Friendly Market in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Feb. 18. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Mitchell Cowen.

February 12, 2020 - 10:39am
posted by Howard B. Owens in crime, batavia, news, notify.

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An Oakfield man is accused of fleeing from police after a deputy attempted a traffic stop for an alleged expired registration early yesterday morning in the Town of Batavia.

Jonathan F. Suggs, 37, of Lewiston Road, Oakfield, faces multiple charges in three towns after leading police on a chase through Batavia, Oakfield, and Alabama, where Suggs eventually stopped, according to a Sheriff's Office press release.

The suspect was released on an appearance ticket.

Deputy James Stack attempted to stop a 2016 Jeep Cherokee at 1:30 a.m. yesterday. Suggs was later identified as the driver. Once he stopped, he was taken into custody without further incident.

He is charged with: unlawfully fleeing a police officer; aggravated unlicensed operation in the third degree; failure to yield right of way to an emergency vehicle; speeding; and other vehicle and traffic violations.

He is scheduled to appear in: Town of Batavia Court at 1 p.m., March 12; Oakfield Town Court at 6 p.m., March 2; Alabama Town Court at 6 p.m., March 11.

February 10, 2020 - 2:22pm
posted by Billie Owens in batavia, Le Roy, bergen, alexander, corfu, crime, news, notify.

Alexander Edward Seegar, 30, of East Main Street, Corfu, is charged with endangering the welfare of a child and unlawful imprisonment in the second degree. He was arrested at 8:45 p.m. on Feb. 6 following the investigation of a domestic incident that occured at 2:30 p.m. that afternoon. It is alleged that Seegar acted in a manner likely to be injurious to a child under age 17 and that he prevented a person from being able to leave the incident by restraining tham. Seegar was arraigned in Village of Corfu Court and released. He is due back there on March 2. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Thomas J. Wolcott, 35, of Buffalo Street, Bergen, is charged with second-degree harassment and obstruction. He was arrested after a disturbance at 7:10 a.m. Feb. 5 on Bank Street in Batavia. He was processed at Batavia Police Headquarters and arraigned in Batavia City Court. He was then released on his own recognizance and is due back in court on Feb. 11. The case was handled by Officer Felicia DeGroot, assisted by Officer Alec Roberts.

Anthony Wade Travis, 56, of South Street Road, Le Roy, is charged with unauthorized use of a vehicle without the owner's consent, and grand larceny in the third degree -- a Class D felony. He was arrested and arraigned in Le Roy Town Court on Feb. 7 for allegedly using a vehicle without permission at 7:07 p.m. on Jan. 18 in the 9300 block of South Street Road in Le Roy. Travis is due to return to Le Roy Town Court on Feb. 20. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Andrew Mullen.

John Patrick Cummings, 39, Dodgeson Road, Alexander, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; failure to use designated lane; failure to keep right (on a two-lane road); and failure to stop at a stop sign. Cummings was arrested at 1:37 a.m. on Feb. 5 on Ross Street in Batavia. Batavia Police Officer Nicole McGinnis noticed a vehicle that was driving erratically and she stopped it. After an investigation, Cummings was arrested on the charges. He was issued multiple tickets and is due to be arraigned in Batavia City Court on Feb. 19. McGinnis was assisted by Officer Joshua Girvin.

Jacob M. Paige, 19, of Bank Street, Batavia, is charged with criminal contempt in the second degree. Paige was arrested after allegedly being found in the presence of a protected party at 8:11 a.m. on Feb. 4 on Bank Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Feb. 18. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Felicia DeGroot.

February 9, 2020 - 3:35pm
posted by Howard B. Owens in crime, batavia, news, notify, Stafford.
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         Daniel Lewis

A 23-year-old man who was released from custody in December after entering a guilty plea to stolen property charges and went on an apparent crime spree starting New Year's Day is facing new charges.

Daniel Jon Lewis, sometimes of Lima, sometimes of North Chili, also listed in arrest reports with no permanent address, has been charged with five counts of criminal possession of stolen property, 5th.

The property was allegedly stolen from vehicles in Stafford prior to Jan. 28 when the Sheriff's Office received complaints about items being stolen.

Lewis was arrested in Pavilion on Memorial Day after he and another person were found sleeping in a car that was filled with stolen property. In December, Lewis entered a guilty plea to criminal possession of stolen property in the fourth degree as a second felony offender and as a result, he faces a minimum prison sentence of one and a half to three years and a maximum sentence of two to four years.

However, citing the bail reform law that would be implemented in New York before sentencing, Judge Charles Zambito released Lewis from custody. Lewis would have been released from custody on Jan. 1 under terms of the bail reform law.

New accusations against Lewis for alleged crimes that took place in January:

The Stafford crimes were investigated by Investigator Chad Minuto, Deputy Austin Heberlein, Deputy Ryan DeLong, Deputy Brook Cummins, Deputy James Stack, Deputy Chris Erion, and Trooper Hersee (first name not provided).

February 7, 2020 - 11:57am
posted by Billie Owens in crime, news, notify, batavia, Alabama, Darien.

Donald Eugene Missel, 69, of Mill Road, West Seneca, is charged with fourth-degree criminal mischief. At 4:48 p.m. on Feb. 6, Missel allegedly kicked a door and caused damage to a person's property in the 10000 block of Tinkham Road in Darien. Missel was arraigned in Darien Town Court at 10:25 that evening and released on his own recognizance. He is due back in Darien Town Court on Feb. 11. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Mathew Clor.

Travis George Hawley, 28, of Willow Street, Rochester, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; being an unlicensed driver; and moving from lane unsafely. At 7:51 a.m. on Feb. 1, the Genesee County Emergency Dispatch Center received a report of a car vs. pole accident on Bloomingdale Road in the Town of Alabama. An investigation at the scene allegedly determined that Hawley was driving while intoxicated. He was issued appearance tickets returnable to Town of Alabama Court on Feb. 26. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Deputy Travis DeMuth.

Tonya Weber Jackson, 35, of Liberty Street, Batavia, was arrested on a bench warrant out of Batavia City Court on Feb. 2. She was located at a residence on East Avenue in Batavia and arraigned in city court on Feb. 6. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Orin Ardell Dinkins, 47, of Glenville Drive, Rochester, is charged with unlawful possession of marijuana and operating a motor vehicle with a suspended registration. Dinkins was arrested following a traffic stop at 1:41 p.m. Feb. 5 on Oak Street in Batavia. He was issued appearance tickets and is due in Batavia City Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

February 5, 2020 - 3:49pm
posted by Billie Owens in crime, news, notify, batavia, Oakfield.

Joshua S. Martaus, 36, of Liberty Street, Batavia, is charged with petit larceny. Martaus was arrested after an investigation into a larceny at Southside Deli, located at 300 Ellicott St. in Batavia, at 7:29 p.m. on Jan. 26. The defendant was released on an appearance ticket and is due in Batavia City Court on Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Kelly A. Kasper, 49, of Judge Road, Oakfield, is charged with: failure to keep right; driving while intoxicated -- first offense; operating a motor vehicle while having a  BAC of .08 percent or more; and drinking alcohol in a motor vehicle while on a highway. Kasper was arrested at 1:10 a.m. Feb. 1 on Bank Street in Batavia after a traffic stop. Kasper was released on appearance tickets and is due in City of Batavia Court on Feb. 19. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Nicole McGinnis.

Rae C. Cook, 30, of Liberty Street, Batavia, is charged with criminal contempt in the second degree. Cook was arrested at 8:40 p.m. on Jan. 31 after allegedly violating an order of protection on Liberty Street. Cook is due in Batavia City Court on Feb. 11. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Christopher Lindsay.

Antonio Javier Santiago, 23, of River Street, Batavia, is charged with unlawful possession of marijuana in the second degree and a muffler violation. On Jan. 30 at 7:52  p.m. Santiago was the operator and sole occupant of a vehicle that was stopped on Ellicott Street in Batavia for allegedly having a muffler/exhaust violation. Upon investigation, it was allegedly discovered that Santiago possessed a quantity of marijuana. He was arrested and issued appearance tickets. He is due in Batavia City Court on Feb. 12. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Ryan DeLong.

February 3, 2020 - 11:54am
posted by Billie Owens in crime, news, notify, bergen, Pavilion.

Gerald Richard Soule Jr., 28, of Woodstock Lane, Brockport, is charged with: driving while intoxicated; DWI -- operating a motor vehicle while having a BAC of .08 percent or more; speeding -- going more than 55 mph; and refusal to take a breath test. Soule was arrested after a traffic stop on Clinton Street Road in Bergen at 1:37 a.m. on Feb. 1. He was given traffic tickets and is to appear in Bergen Town Court on Feb. 5. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jordan Alejandro.

Merrill Phillip Anthony, 46, of Bernd Road, Pavilion, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; speed not reasonable and prudent; and failure to obey a traffic control device. At 2:23 a.m. on Jan. 25, Genesee County Sheriff's deputies received a call about a vehicle off the road in the 6900 block of Junction Road in the Town of Pavilion. Upon arrival, they found the driver and sole occupant, Anthony, attempting to drive his vehicle out of a ditch. Upon further investigation, Anthony was arrested on the charges. He is due in Pavilion Town Court on Feb. 4. The case was handled by Deputy Brock Cummins, assisted by Deputy Austin Heberlein.

February 2, 2020 - 8:00am

On April 19, 1862 a local paper reported “Grave Robbed in Batavia -- Great Excitement.” The story begins on Feb. 20th of that year when 20-year-old Mary Buchanan was buried in the village cemetery, having died from what is believed to been consumption (tuberculosis, or "TB").

Young Mary’s mother is reported to have had dreamt on three occasions that her daughter had been exhumed from her eternal rest. To calm her anxiety, she visited her daughter's grave to discover that her dreams were true; the grave was empty.

“The body had been taken, and from the state of the clothes in the coffin it was evident that they had been torn off of the body by sacrilegious hands.”

Sheriff's deputies arrived and evidence was soon discovered pointing, as many believed, to a medical student named Forrest Page; parts of the remains of Mary Buchanan were discovered at a location where he resided.

Page was arrested by Deputy Hull and held on substantial bail.

It was in all actuality John Harding Page from the Town of Elba who was held to account.

The charge as taken from the court records of June 23, 1862 said: [paraphrased]

“John H. Page of the Town of Elba on the Twenty Fifth day of February in the year of our Lord one thousand eight hundred and sixty two…with force and arms did enter the public burying ground…did enter the grave there of Mary Buchanan and with force and arms unlawfully, willfully and indecently did dig, open and carry the body of Mary Buchanan from the grave for the purpose of dissection.”

He was indicted and admitted to being a medical student studying under a Dr. Root, of Batavia, and later coroner.

His trial was held in Genesee County beginning in the summer of 1862.

Page’s counsel, William Bryan, said that if his client was ever in the possession of any body unlawfully it was for aiding in his medical education.

Soon after the indictment was handed down “the Surgeon General in Washington, being in great need of medical assistances in U.S. hospitals because of the Civil War, interviewed Page for a Medical Cadet [but he was found in eligible]. He did however receive an appointment as an assistant surgeon with the U.S. Volunteers and was assigned to Ft. Scott in Kansas, Department of the Borders; this was in January of 1864.

The bail I believe was $1,000, approximately $25,000 in 2020 money. It appears, and I’ve not been able to completely prove, that he may have "jumped" bail and gone west with the Army. I found no disposition of the case.

Page -- whom some dubbed "Digging Doctor Page" aka "The Body Snatcher" -- died circa 1920.

Ones Forrest Page spent considerable time and effort during his lifetime trying to restore his notorious brother's reputation.

  • Here is a link to a letter written by then Genesee County Coroner Dr. John Root to the Batavia Times verifying that John Harding Page was a medical student of his.
  • Here is a link to a letter by Dr. John Root vouching for the abilities and qualifications of John Harding Page to serve as a surgeon.
  • Here is a link to a letter from Dr. John Root to the Surgeon General asking to appoint John Harding Page to the Medical Corps. This was at or about the time Page's trial was going on. Page was subsequently rejected.
  • Here is a link to a friendly, supportive letter to John Harding Page written Aug. 11, 1862 by Dr. John Root, explaining the situation back here in Batavia. At this point Page was, or appears to be, in Kansas.
  • Here is a link to a four-page letter written to John Harding Page from his brother, Forrest Page; it shows the brother petitioned the Lieutenant Govenor for John Harding Page to be a Medical Cadet.

(Historical photos courtesy of Rochelle Wyatt, who is married to Dr. Page's grandson​.)

February 1, 2020 - 1:40pm
posted by Billie Owens in crime, news, batavia, crime task force, Sixth Ward.

Press release:

There will be a Sixth Ward meeting held at 6:30 p.m. on Tuesday, Feb. 4th in the Council Board Room on the second floor of City Hall.

Council Member Rose Mary Christian would like to discuss progress of the Crime Task Force and opportunities to organize a neighborhood group to design and improve residents' safety.   

Martin D. Moore, Ph.D., City Manager

February 1, 2020 - 10:32am
posted by Howard B. Owens in crime, news, batavia, notify.
mugshotdaniellewis2020.jpg
        Daniel Lewis

The Genesee County Sheriff's Office this morning announced additional charges against a man who was released from custody in early December because of the new cashless bail system and since at least Jan. 1 has allegedly been involved in a crime spree in Batavia.

The new charges against 24-year-old Daniel Jon Lewis include eight counts of criminal possession of stolen property, 4th, 13 counts of criminal possession of stolen property, 5th, and unlawful possession of a personal identification number.

Deputies Jordan Alejandro and James Stack arrested Lewis this morning as the result of an investigation of an incident reported at 11:53 p.m., Jan. 24. On that date, Lewis was taken into custody following a foot pursuit in the Haven Lane area of the Town of Batavia and deputies received a report of a man trying to gain entry into vehicles in the area of Rollin Circle East.

When Lewis was taken into custody, he was allegedly found in possession of a number of items believed to have stolen from parked vehicles, including credit cards and a checking account number.

At the time of his arrest this morning, Lewis was being held in the Genesee County Jail on a robbery charge. Lewis is accused of using a knife to menace and take property from a person on Bank Street on New Year's Day. Lewis was charged two days ago with the robbery following an investigation. Under the bail reform law, robbery is a qualifying offense for bail, so unlike the other alleged crimes of January, authorities were able to hold Lewis.

The night before the alleged Jan. 24 incident, Lewis was charged with grand larceny for allegedly stealing a vehicle on Jan. 3 in the Town of Batavia. On that charge, Lewis was released on an appearance ticket.

On Jan. 25, a person stole a Spectrum work truck and following a pursuit on Oak Street, managed to evade capture. Chief Shawn Heubusch said Lewis is a person of interest in that incident.

On Dec. 6, Lewis entered a guilty plea to criminal possession of stolen property. The charge stemmed from his arrest in Pavilion earlier in 2019 where he and another person were found sleeping in a vehicle that contained a cache of stolen property, apparently taken from unlocked vehicles. He has not yet been sentenced on that charge but because of the bail reform law, Judge Charles Zambito released Lewis from custody pending his sentencing.

January 31, 2020 - 6:45pm
posted by Howard B. Owens in crime, batavia, news.

Police are in pursuit of a vehicle on Clinton Street Road, Batavia, heading into the City.

The vehicle left the roadway in the area of Terry Hills. Several mailboxes were knocked down, according to the dispatcher.

An officer reported that it stopped near East Main but then it apparently took off again.

UPDATE 6:46 p.m.: An officer reports the driver is passed out behind the wheel at Clinton Street Road and Terry Hills Drive. Mercy EMS is dispatched for a possible overdose.

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