crime

Marlek E. Holmes, a convicted sex offender, is indicted for the crime of failure to register a change of address, a Class D felony. Holmes is accused of moving to 9 Gibson St. in the Town of Oakfield in March and failing to register his change of address with the NYS Division of Criminal Justice Services within 10 days as required by law. In Special Information filed in the indictment by District Attorney Lawrence Friedman, Holmes is accused of previously having been convicted of: (1) failing to report a change of address, a Class E felony, and (2) as a Level 3/Sexual Predator, failing to verify his address every 90 days, also a Class E felony, as required by law. The convictions were handed down on Dec. 5, 2011, in Genesee County Court.

Craig None McKenzie Jr., 19, of Batavia Stafford Townline Road, is charged with petit larceny. He was arrested at 9:15 p.m. on Sept. 27 after he was allegedly caught stealing from a department store on Veterans Memorial Drive. He was released on an appearance ticket returnable to the Town of Batavia Court on Oct. 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Rahmel Hakeem Thompson, 18, of Batavia Stafford Townline Road, is charged with petit larceny. He was arrested at 9:15 p.m. on Sept. 27 after he was allegedly caught stealing from a department store on Veterans Memorial Drive. He was released on an appearance ticket returnable to the Town of Batavia Court on Oct. 27. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

A 400 Towers resident admitted in County Court yesterday that he placed a live cat in his apartment's oven and baked it to death.

If the case had gone to trial 42-year-old Darren Annovi could have faced a maximum sentence of two years in county jail, but with the plea deal his sentence will be capped at five years probation and six months in jail.

He will be sentenced Nov. 29.

District Attorney Lawrence Friedman said he believed there was strong evidence against Annovi and that is presumably why he agreed to plead guilty, but he wouldn't discuss any possible statements Annovi may have made and didn't know why Annovi killed the cat.

"I don't think there is any rational explanation for why (he did it)," Friedman said.

Wendy Castleman, with Volunteers for Animals, who assisted in the investigation by paying for the cat's autopsy, said outside of court that she thought Annovi should be barred from ever owning pets again.

Friedman said he recommended to her that she contact the probation department prior to Annovi's sentencing and suggest that as a sentencing option, but that any such prohibition of pet ownership could not extend beyond the term of Annovi's probation.

Typically, county jail sentences can't be longer than a year; otherwise. inmates are sent to a state prison, but the Ag and Market Law this case was prosecuted under allows for a two-year maximum county sentence.

Annovi is out on bail of $5,000 bail.

Our news partner, WBTA, provided information for this story.

A Bergen resident has been arrested on suspicion of operating an unlawful marijuana growing operation out of his home, according to the Sheriff's Office.

David M. Campuzano, 24, of South Lake Road, was jailed on $15,000 bail or $30,000 bond following his arrest and arraignment.

He is charged with criminal possession in the second degree, a Class D felony, unlicensed growing of cannabis, a Class A misdemeanor, and violation of a restricted driver's license.

Campuzano was arrested by members of the Local Drug Task Force following the execution of a search warrant on his home and car.

He was allegedly found in possession of a pound of marijuana, equipment used to grow marijuana and paraphernalia. He is also suspected of driving outside of restrictions on his license. 

The District Attorney's Office and uniformed deputies assisted in the investigation and arrest.

Dylan L. Snyder, 18, of Exchange Street, Attica, is charged with second-degree harassment. He was arrested on Sept. 26 following an investigation into a physical altercation which occurred at 5:20 p.m. Aug. 28 on Trumbull Parkway, Batavia. Snyder allegedly punched another individual. He was issued an appearance ticket for Oct. 4 in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Cheryl M. Lyons, 50, of Tracy Avenue, Batavia, is charged with second degree harassment -- physical contact. At 4:45 a.m. on Sept. 24 she was arrested after allegedly shoving another family member during a domestic incident. She was arraigned in City Court and released on her own recognizance and was due in court on Sept. 26. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Foels.

Jorge Rodriquez Martinez, 33, of Bank Street, Batavia, is charged with petit larceny and trespass. He was arrested at 1:32 a.m. on Sept. 20 after allegedly stealing a 30-pack of beer from a convenience store on East Main Street, Batavia. This allegedly occurred after he had been told he was not allowed on the property. Martinez was issued an appearance ticket this afternoon in City Court. He was subsequently transported and turned over to Gates PD on an outstanding warrant in their jurisdiction. The case was handled by Batavia Police Officer Darryle Streeter, assisted by Officer Eric Foels.

Stephen John Turkasz, 26, of Brookhaven Lane, Lancaster, is charged with fourth-degree criminal mischief. He was arrested at 8 p.m. on Sept. 23 after a domestic incident in which he allegedly kicked and damaged a small fence. He was taken to jail for prints and photographs and then issued a computer-generated appearance ticket for City Court on Oct. 4. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Frank Klimjack.

Patrick T. Vanbortle, 22, of Ellicott Street, Batavia, is charged with failure to appear after an appearance ticket was issued. He was found hiding in his basement and arrested at 12:35 a.m. on Sept. 24 on a Batavia City Court arrest warrant for failure to appear after an appearance ticket was served upon him for a separate charge on Sept. 11. He was released on an appearance ticket per Judge Balbick via a phone call at 1:25 a.m. on Sept. 24. Vanbortle is scheduled to be in City Court this afternoon. The case was handled by Batavia Police Officer Eric Foels.

Richard E. Stafford, 75, of Orange Grove Drive, Batavia, is charged with failure to appear. He was arrested at 1:29 p.m. on Sept 23 on a bench warrant for failure to appear in court on a charge of third-degree aggravated unlicensed operation. He was released on his own recognizance and is due in City Court on Oct. 22. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Kevin DeFelice.

Somebody is stealing batteries from large trucks, buses, and heavy equipment and the Genesee County Sheriff's Office is looking for the public's help in identifying the culprit.

These are known as Type 31 batteries. They retail for as much as $300 and have resale and recycling value.

Investigators say the series of thefts seem confined to Genesee County, particularly in Elba, Oakfield, Batavia, Byron, Alabama and Alexander.

The Sheriff's Office has received more than a dozen complaints of such thefts, which occur overnight.

Anyone with information that may pertain to the case can call (585) 343-5000.

Christopher James Borsella, 23, of Beaver Street, Thorold, Ontario, Canada, is charged with driving while intoxicated and aggravated driving while intoxicated -- with a BAC of .18 percent or higher. On Sept. 23, Borsella was arrested following a driving complaint at 11:46 p.m. on Sept. 22 at Darien Lake Theme Park, 9993 Alleghany Road, Darien. Borsella allegedly was driving in the parking lot and almost struck several pedestrians. He was issued an appearance ticket for Darien Town Court on Oct. 18. The case was handled by Genesee County Sheriff's Sgt. Jason Saile.

Joseph R. Powell,  29, of Rochester,  was arrested by State Troopers in Batavia for driving while intoxicated following a traffic stop on Route 33 in the Town of Batavia. He allegedy crossed the pavement markings into oncoming traffic. Powell was transported to the Batavia barracks where he allegedly submitted to a positive breath test resulting in a BAC of .10-percent. Powell was processed for DWI and released with traffic tickets returnable to the Town of Batavia Court on a later date.

Thomas Joseph Gravanda Jr., 23, of Holley Street, Brockport, is charged with unlawful possession of marijuana and speed in excess of 55 MPH. Following a traffic stop at 8 a.m. on Sept. 22 on Clinton Street Road, Stafford, Gravanda was found to allegedly be in possession of marijuana. He was arrested for that and also cited for speeding. He is due in Stafford Town Court on Oct. 20. The case was handled by Sheriff's Deputy Eric Meyer.

The following arrests were made by the Sheriff's Office during the Jason Aldean concert at Darien Lake on Thursday:

Ashley M. Riber, 23, of Walnut Street, Perry, is charged with unlawful possession of marijuana.

Sydney A. Wilson, 18, of Eastham Court, Webster, is charged with unlawful possession of marijuana.

Steven M. Campbell Jr., 29, of Walnut Street, Perry, is charged with trespass for allegedly entering the concert venue after being ejected and told not to return.

Daniel A. Carnes, 69, of Story Road, Dansville, is charged with third-degree criminal mischief. He was arrested at 3:32 p.m. on Aug. 8 after he allegedly damaged a car intentionally by scratching it in the Batavia Downs parking lot, causing in excess of $2,000 worth of damage. The alleged incident stems from a dispute over a parking spot. He was issued an appearance ticket for Town of Batavia Court and is due there at 1 p.m. on Thursday, Oct. 20. The case was handled by Sheriff's Deputy Christopher Erion.

Bonnie Louise Cortright, 29, of Summit Street, Batavia, was arrested on Sept. 20 on a bench warrant for failure to appear after she was located hiding in an attic under a rug. She was arraigned in City Court and jailed in lieu of $100,000. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Dan Coffey.

Eric M. Smith, 30, of Iroquois Road, Caledonia, was turned over to Batavia PD by Gates PD and arrested on bench warrants from Batavia City Court. He was jailed in lieu of $20,000 bail or $40,000 bond. The warrants stem from an unspecified incident at 1:30 p.m. at 207 Ross St. in Batavia. Smith was due in City Court today (Sept. 22). The case was handled by Batavia Police Officer Stephen Cronmiller.

Daniel Harold Mooney Jr., 30, of Cone Street, Batavia, is charged with petit larceny. He was arrested at 3:37 p.m. on Sept. 21 on Veterans Memorial Drive following an incident wherein Mooney allegedly stole merchandise from a local retail store. He is due in Batavia Town Court on Sept. 27. The case was handled by Sheriff's Deputy Michael Lute.

Nathen Edward Donald Brege, 24, of South Main Street, Batavia, was taken into custody while incarcerated at the Orleans County Jail on a bench warrant issued by Batavia City Court. After consulting with the judge, Brege was issued an appearance ticket and is due back in court Sept. 28. The warrant stems from an unspecified incident on April 5 on West Main Street in Batavia. The case was handled by Sheriff's Deputy Arick Perkins.

Lily has been granted clemency, at least for now.

Public Defender Jerry Ader, attorney David Fitch, representing the city, and City Court Judge Durin Rogers held meetings over the past two days and came to an agreement that will spare Lily her life, potentially, while the conviction of Duty Caswell for harboring a vicious dog will stand.

As part of the agreement, Ader withdraws his motion challenging Caswell's conviction and will file a new motion to vacate the sentence. That should happen in about two weeks.

In the meantime, Fitch must find a dog behavioral specialist who can certify that Lily is redeemable.

Rogers issued an order in May to have Lily put down as a vicious dog because of an incident on Hutchins Place on March 7 where she bit a 13-year-old boy.

She didn't help her case when she bit the Sheriff's K-9 deputy.

But folks at the Animal Shelter believe Lily is worth saving and rallied to her cause. They secured space for her with the Kramer Foundation, which specializes in rehabilitating dogs declared vicious and slated for euthanasia. 

Previous: Lily's fate hangs in the balance as City Court judge set to hear appeal tomorrow

Lily, who likes to chase bubbles, has her life on the line.

In May, Judge Durin Rogers declared Lily a vicious dog and ordered her destroyed within 30 days.

Lily has had a stay of execution, so to speak, as volunteers and others have taken up Lily's cause, and the cause of her previous owner, Duty Caswell, to try and save her life.

Caswell has already surrendered ownership of Lily, and the Kramer Foundation, which specializes in rehabilitating dogs deemed vicious, has written to Rogers and confirmed an interest in obtaining Lily.

Lily's fate may rest on a hearing in City Court tomorrow (Thursday) on an appeal of Caswell's conviction of harboring a vicious dog.

The appeal was written by Public Defender Jerry Ader who stepped in after Caswell's conviction.

Ader's appeal rests on two primary points:

• Caswell was not represented by counsel. He was not granted assigned counsel and did not hire his own attorney.
• Caswell was convicted under Batavia's Municipal Law. A case in 2010 overturned a similar conviction because that local law, in Nassau County, was deemed void by conflicting with state law. Under state law, Lily would not be considered a candidate for euthanasia. 

Lily was taken into Animal Control custody on March 7 after she bit a 13-year-old boy on Hutchins Place while keeping a frightened woman pinned down as she screamed and Lily circled her.

At Caswell's hearing, the prosecution called three witnesses and Caswell produced no witnesses or testimony on his behalf. Rogers issued his decision after a short recess.

At some point, K-9 Deputy Chris Erion was called in to evaluate Lily. Lily bit him.

Erion confirmed he was bitten (his duty pants have a small tear, but he wasn't hurt) and said that Lily, with her current behavior, wouldn't be a good candidate as a family dog or a police dog. 

Volunteers with Volunteers for Animals believe that with proper training and socialization, she is redeemable. She is high energy and can't be trusted unsupervised, but they said she's fine when given a job to do, such as chase bubbles.

"Having a young, high-strung dog is difficult for anybody," said one volunteer. "Give her something to do and she's fine."

Another person at the shelter said, "With proper exercise and mental stimulation she is fine."

Erion, among others, said it was later learned that Lily may have given birth to a puppy prior to the March 7 incident, and her puppy was taken away from her. That would typically cause behavioral issues, both folks at the shelter and Erion said.

The hearing is tomorrow at 1:15 p.m.

File photo from March 7. The gentleman with Lily is a friend of Caswell's.

Holden W. Byer, 25, of East Main Street, Batavia, is charged with: unlawful possession of marijuana; second-degree obstruction of government administration; resisting arrest; and criminal mischief in the fourth degree. He was arrested at 8:42 p.m. on Sept. 10 on East Main Street in Batavia following a "check-the-welfare" complaint. While being interviewed by police, Byer allegedly attempted to run from police and resisted arrest by pushing and punching police while thrashing about. He was taken to UMMC for a medical evaluation and while in the emergency room he allegedly caused damage to a wall by punching, kicking and slamming furniture into it. He was jailed on $1,000 bail and was due in City Court on Sept. 12. The case was handled by Batavia Police Officers Jason Ivison, assisted by Sgt. Dan Coffey.

Christopher J. Rockefeller, 35, of North Spruce Street, Batavia, is charged with second-degree assault with a dangerous instrument. He allegedly struck a female in the face with a fan at 9:45 p.m. on Sept. 17 on North Spruce Street. He was arrested, arraigned in City Court and jailed without bail. He was due in court Monday (Sept. 19). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Matthew Wojtaszczyk.

Cirlio Martinez-Jose, 29, of Federal Road, Piffard, is charged with second-degree harassment and criminal obstruction of breathing or circulation. He was arrested at midnight on Sept. 18 following a domestic incident at an apartment on Maple Street in Batavia wherein he allegedly pushed and grabbed the victim by the neck and obstructed her breath. He was jailed on $2,500 cash bail or bond. He was due in City Court on Sept. 19. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Matthew Wojtaszczyk

Travis L. Bartz, 21, of Trumbull Parkway, Batavia, is charged with second-degree harassment and thrid-degree menacing. Bartz was arrested at 5:20 p.m. on Aug. 28 on Trumbull Parkway following a physical altercation in which he allegedly physically menaced and attempted to punch another male. He was issued an appearance ticket and is due in City Court on Sept. 27. The case was handled by Batavia Police Officer Arick Perkins.

Keanon S. Williams, 39, of West Main Street, Batavia, is charged with two counts of second-degree criminal contempt. He was arrested on Sept. 18 following an investigation into two incidents in Batavia wherein Williams allegedly violated an order of protection by contacting the protected party. The first incident occured at 4:38 p.m. on Sept. 1 on Harvester Avenue. The second incident occured at 2 p.m. on Sept. 7 on West Main Street. He was arraigned in City Court, then jailed in lieu of $2,500 bail. He was due in court Sept. 19. The cases were handled by Batavia Police Officer Stephen Cronmiller.

Kamre H. Green, 18, of Elm Street, Batavia, is charged with: driving while intoxicated; reckless driving; unauthorized use of a vehicle; unlicensed operator; and following too closely.  Green was arrested at 1:22 p.m. Sept. 13 on Oak Street after allegedly operating a motor vehicle, which he did not have permission to take or use, while intoxicated. Green struck a motor coach bus which was stopped in traffic after making an unsafe U-turn and traveling at an excessive speed, according to the police report. A small amount of marijuana was also allegedly found in the vehicle. Green was arraigned in City Court and jailed in lieu of $1,000 bail. He was due back in court on Sept. 15. The case was handled by Batavia Police Officer Jamie Givens, assisted by Sgt. Dan Coffey. 

Randall James Draper, 30, of Adeline Road, Rochester, is charged with: aggravated unlicensed operation in the second degree; unlawful possession of marijuana; operation of a motor vehicle by an unlicensed driver; and operating a motor vehicle with an insufficient exhaust. Draper was arrested at 8:45 p.m. on Route 77 in the Town of Pembroke following a traffic stop. He was arraigned in Town of Pembroke Court and jailed in lieu of $1,500 cash bail. The case was handled by Sheriff's Deputy Eric Meyer.

Bryan D. Bates, 37, of Mill Street, Batavia, was arrested Sept. 19 on a bench warrant out of Batavia City Court for failure to appear. He was arraigned in City Court then released. He is set to return on Sept. 22. The warrant stems from an unspecified incident which occurred at 1:47 a.m. on Nov. 9, 2014. The case was handled by Batavia Police Officer Jamie Givens.

Tyler A. Stoddard, 21, of Meiser Road, Corfu, is charged with failure to appear. He was arrested this morning on a warrant out of Batavia City Court. He was issued an appearance ticket for City Court and released. The charge stems from an unspecified incident which occurred at 8:05 p.m. on July 16 at 300 Ellicott St. in Batavia. The case was handled by Batavia Police Officer Stephen Cronmiller.

Press release from Village of Le Roy Police Department:

A call from an alert citizen Monday morning (Sept.19) assisted police in catching two subjects who allegedly went on a crime spree in the Village, allegedly damaging numerous vehicles.

Robert W. Devos, 28, of 66 Lake St. in Le Roy, and 27-year old Katrina M. Klaich, of 47 Spring St. in Lackawanna, are each charged with one count of felony criminal mischief in the second degree.

It is alleged that Devos and Klaich did damage to the rear windows of three vehicles and damage to the trunk of another vehicle that were parked on village streets.  In addition, Klaich was charged with DWI, DWI -- BAC .08 percent or more, and driving an uninspected vehicle. 

Both subjects were arraigned in the Town of Le Roy Court by the Hon. Darryl Sehm. Klaich was put in Genesee County Jail in lieu of $5,000 cash bail and Devos was  jailed without bail. Both subjects are due back in Court at 1 p.m. on Oct.27^th.

Also assisting with the investigation was the Genesee County Sheriff’s Department.

William Glenn Walters, 37, of Wolcott Street, Le Roy, is charged with disobeying a court mandate. Walters was arrested at 6:37 p.m. on Sept. 19 following a domestic incident on Warsaw Road in the Town of Le Roy. Walters allegedly violated a Family Court stay away order of protection. He was released on an appearance ticket returnable to Town of Le Roy Court on Oct. 17. The case was handled by Sheriff's Deputy Michael Lute.

Amber Meadows, 25, of Canandaigua, was arrested on Sept. 16 by SP Batavia Troopers on a warrant issued by the Town of Batavia Court for petit larceny. She is accused of stealing $638 worth of merchandise from the Target store in Batavia on Aug. 8. Meadows was arraigned in the Town of Batavia Court and released with a return court date. Troopers then turned Meadows over to the Ontario County Sheriffs Office where she was wanted on another warrant.

A caller reports a fight just breaking up on Highland Park, Batavia.

Eight to nine people were reportedly involved.

There is a report of a possible injury.

Police are responding.

One person who ran from the scene has been identified by a witness.

UPDATE 11:18 a.m.: Police transmissions have gone encrypted.

Matthew Arthur Harder, 19, of Geddes Street, Holley, is charged with fourth degree criminal mischief. Harder was arrested following an investigation into damaged property in the parking lot of Genesee Community College at 9:15 a.m. on Sept. 9. He was arraigned on Sept. 15 in Town of Batavia Court and is to appear there at a later date. He was also issued an Order of Protection to stay away from the victim whose property was damaged. The case was handled by Sheriff's Deputy Ryan DeLong.

Richard Todd Harter, 40, of Townline Road, Byron, is charged with second-degree harassment. On Sept. 15, Harter was arrested on a bench warrant for the charge, out of Holley, and turned over to Holley PD. The case was handled by Sheriff's Deputy Chad Cummings.

Julie L. Dutton was indicted Sept. 14 for the crime of fourth-degree grand larceny, a Class E felony. She is accused of stealing U.S. currency having a value in excess of $1,000 on April 21. 

Elizabeth Michelle Grattan, 26, of Wood Street, Batavia, is charged with unauthorized use of a motor vehicle in the third degree, leaving the scene of a property damage accident and unsafe backing. Grattan was arrested on a warrant after being located at a residence in the City of Batavia by Genesee County Probation. An arrest warrant was issued by the Town of Alabama Court to answer the charges stemming from an incident at 1 a.m. on Aug. 1 on Judge Road. She was arraigned  Sept. 14 in Town of Oakfield Court and put in jail on $500 bail. The case was handled by Sheriff's Deputy Richard Schildwaster.

City police are responding to an apartment in the 100 block of South Main Street for the larceny "... of cigarettes."