crime

Alissa Ashley Fodge, 26, of Clifton Avenue, Batavia, is charged with first-degree introduction of dangerous contraband into prison, a Class D felony. At 3:20 p.m. on June 22, Fodge was arrested for allegedly promoting prison contraband. Correction Officer Jenna Barber allegedly found a crack pipe in Fodge's purse while Fodge was being processed into the jail. She was arraigned in Batavia Town Court and jailed on $2,500 bail. Fodge is due in Batavia City Court on June 29. The case was handled by Sheriff's Deputy Kevin Forsyth.

Laverne Denicco Brown, 43, of Albert Drive, Rochester, is charged with aggravated unlicensed operation in the first degree, a Class E felony, unlicensed operator, driver's view obstructed and obstructed plate. At 11:08 a.m. on June 21, Brown was stopped on Route 77 in the Town of Pembroke for vehicle and traffic violations. Her driver's license was found to be revoked and she had 22 scoffs/suspensions and 19 suspensions on 10 dates. She was arrested and released and is due in Town of Pembroke Court on July 12. The case was handled by Sheriff's Deputy Patrick Reeves.

Jason Fredrick Cecchini, 41, of Fruit Avenue, Medina, is charged with unlawful possession of marijuana, driver's view obstructed, and obstructed/covered plate. He was stopped at 1:17 p.m. on June 21 on Route 77 in the Town of Pembroke for vehicle and traffic violations. Cecchini was subsequently allegedly found to be in possession of marijuana. The defendant was issued a traffic summons and an appearance ticket for July 14 in Town of Pembroke Court. The case was handled by Sheriff's Deputy Patrick Reeves.

Shelly Marie Dutton, 44, of Pringle Avenue, Batavia, is charged with petit larceny. She was arrested at 5:51 p.m. on June 22 following a shoplifting complaint alleging that she stole a tool from a department store on Veterans Memorial Drive in Batavia. She was released with an appearance ticket for Batavia Town Court on July 11. The case was handled by Sheriff's Deputy Rachel Diehl.

Zachary David Lloyd Duigan, 21, of Pringle Avenue, Batavia, is charged with petit larceny. He was arrested at 5:51 p.m. on June 22 following a shoplifting complaint alleging that he stole a tool from a department store on Veterans Memorial Drive in Batavia. He was released with an appearance ticket for Batavia Town Court on July 11. The case was handled by Sheriff's Deputy Rachel Diehl.

Charlene Mess was sentenced today to 25 years in prison for the death of her husband Douglas Mess. The sentence was handed down in Wyoming County Court this morning, 14 months after Doug’s body was found stabbed, shot and buried in a manure pile on the farm the couple owned and worked in Attica.

On April 21, 2015, Charlene was charged with: murder in the second degree, a Class A felony; criminal use of a firearm in the first degree, a Class B felony; assault in the first degree, a Class B felony; assault in the second degree, a Class D felony; tampering with physical evidence, a Class E felony; offering a false instrument for filing in the first degree, a Class E felony; and making a punishable false written statement, a Class A misdemeanor.

On April 28, she pled guilty to manslaughter in the first degree.

Charlene stood, with the help of Assistant Public Defender Greg Kilburn, when asked if she would like to speak before the judge imposed her sentence.

She stood mute.

District Attorney Donald O’Geen reflected on the point, saying that that “reflects the nature of her mind.”

“In a murder case, you don’t ever expect anyone to not at least have remorse, or show some sort of compassion,” O’Geen said. “She refuses to acknowledge what she did. She couldn’t even say she was sorry to the family.”

“You admitted to killing Douglas Mess, the father of your three children,” said Judge Michael Mohun during sentencing. “You caused his death with a gunshot wound to the head. You took him, trussed by rope, to a manure pile and buried him. Law enforcement was told you had no knowledge of his whereabouts...The death of Douglas Mess resonates with the community...with the children that lost their father. The court sentences you to 25 years in prison with five years post-release supervision for the death of Douglas Mess.”

Her face bore an expressionless mask, which a curtain of lomg white hair partially obscured. She walked in with shackles secured around her ankles tethered by chains to the handcuffs around her wrists. In the rows of seats behind her, the hushed murmurs of family and friends of Doug rippled throughout the courtroom in tense anticipation. 

Those affected by the death of the 52-year-old farmer were given an opportunity to address the court prior to sentencing. Laura Scott, Douglas’s older sister, took to the podium.

“The day I got the call, my gut instinct was ‘What did she do?’ But I told myself not to jump to conclusions,” Scott said. “Doug was a good man, a good-hearted and easy-going person. He wouldn’t hurt anyone, especially his sons. It’s been a rough year. They lost their father to a murder and the most difficult part was that their mother did it.

“You had an opportunity to save Doug’s life after you hit him with the pitchfork. You didn’t have to shoot him.”

Scott went on to tell the court about Charlene’s “fits of rage” and “viciousness” toward her sons. 

“I have heard more about the abuse you inflicted on my brother after his murder. Doug would never hit you. Your upbringing made you into the hateful monster that you are. You have no guilt to what you have done. It is horrifying what you’ve done. My brother said you were unfaithful and you had the nerve to be mad?

“I miss my brother’s humor...his bear hugs. I wish he told me, his big sister, the pain that was going on in his life. You are a danger to your sons. I wish you were locked away forever. I ask that you (the court) impose the maximum sentence.”

Thomas Stroud, a good friend to Doug, spoke next.

“The question that has haunted me for the past year is why? Why was it necessary to take his life? Why take a father, brother, uncle, coworker, neighbor...a dear and loyal friend? He gave some much of himself to others. You took so much from so many. Only Charlene and God really knows what happened that night in the barn, everyone else is left with the results, and the boys are left with the financial and emotional impact put on (them) by their own mother.

“Doug’s murder affected both the family and the community,” Stroud said. “Someday Charlene will stand before another judge and she will have to ask God for His mercy and grace. She needs to ask for forgiveness.”

Charlene sat at the defense table with her head hung down, silent, blank, seemingly showing no impact of what Stroud and Scott had to say.

“She definitely loved her animals, so much so that she killed her husband,” O’Geen said. “Shortly before his death, Doug was looking into filing for divorce. He was sick of her alcoholism, her abuse, her lack of help on the farm. The divorce would have caused her to lose her animals and she couldn’t take that.”

The DA went on to outline the events of the evening of April 19, 2015:

Charlene Mess struck Doug three times in the chest with a pitchfork. All of his injuries were incurred while he was alive. She wasn’t in any danger. After he was knocked unconscious, she went to the house, got her gun, put bullets in the gun, went back out into the barn, placed the gun to the back of Doug’s head and shot him. 

She then bound his hands and tied his feet together, she dragged him out of the barn with one of their tractors. She then moved the body with a skidster to the manure pile and buried him. She knew that manure would decompose a body quick. She wanted him to decompose quick so no one would find him. After burying him, she continued on with her chores. Next, she created and fostered a missing persons story.

She went to bed, got up the next day and went about her chores. 

Their son Doug called 9-1-1 April 20 to report his father missing after he failed to show up for work. 

At the same moment she was being interviewed by State Troopers, the whole family was worried about Doug. She was telling the troopers....she said Doug had received a call from his employer Baskin’s Livestock (April 19), left the house and got back around 5 p.m.. She said she was doing her chores and thought Doug was in the lower barn. She went into the house to do some work, came back out to continue milking then went to bed. She had said Doug had not gotten home yet. 

She got up the next morning (April 20) and went about her day. She let the ruse play out for hours while everyone was out looking for him. She didn’t think anyone would find him. He was found – dead, buried in a pile of manure.

“Her behavior from the beginning has been a complete acting job,” O’Geen said. “She faked the childlike behavior. She faked the shaking. She faked it when she was interviewed by two different psychologists. In the probation report, it states that the act was calculated and planned and recommended the maximum sentence of 25 years. The defendant had difficulty putting animals down, yet she had no issue with taking a human life. The District Attorney’s Office asked for a 25-year sentence for the cold, calculated killing of Douglas Mess.”

Defense Attorney Public Defender Greg Killburn asked the court to look at the whole of Charlene’s life. 

“She has worked hard all her life. She’s a law-abiding, hard-working woman. But below the surface there was tension building. Months before the incident she told her doctor that she felt like she was going to explode. The evidence doesn’t show that it (the murder) was planned...that day, the pressure just exploded. We ask that you impose a sentence that represents her life as a whole and ask for the court’s mercy.”

When Mohun handed down the sentence he offered no mercy. An audible sound of gratitude emanated from the courtroom. He told Charlene she took away “a father, a brother, friend and a community member.”

“The sentence was what we had hoped for,” O’Geen said. “It was a horrific crime. Charlene went through extensive measures to hide the body intentionally to get rid of it quickly. When he couldn’t defend himself, she got the gun. The coroner’s report states that the gun was in close contact with his head. She claimed it happened because Doug grabbed her. There was no evidence to suggest violence from him.

"Yes, they may have argued about her alcoholism and not doing her job, but there is nothing to suggest that Doug was violent toward Charlene. The evidence shows that he was abused by her. He wanted out of an abusive relationship. Based on the evidence, the one constant was with animals. It’s interesting that animals were more important than a human life.”

See related: Charlene Mess admits to killing her husband Douglas Mess

UPDATE 7:20 p.m.: In a statement released by the DA's Office, O'Geen said, "I want to thank the members of the New York State Police, especially the major crime unit, for leading this investigation; along with assistance from members of the Wyoming County Sheriff’s Office, the Attica Fire Department, Wyoming County Emergency Management, the Coroner’s Office and the many others who helped bring the Mess family justice in this case. 

"In cases like this, collaboration of resources and cross-agency cooperation is key to the final result. This sentence will not bring Doug back to his family but at least it will keep his killer away from society for a very long time. The family will now go forward remembering Doug as a hardworking, gentle and kind man who was always there for his family and community. I wish them all strength during this difficult time.” 

Tera M. Williams, 43, of South Main Street, Batavia, is charged with second-degree harassment. She was arrested at 8:32 p.m. on June 17 following an altercation on South Main Street in which she allegedly struck another female in the face. Williams was issued an appearance ticket and is due in Batavia City Court on June 28. The case was handled by Batavia Police Officer Mitchell Cowen.

Clay Austin Fisher, 18, of Junction Road, Pavilion, is charged with attempted assault in the second degree. At 11:10 a.m. on June 21, the defendant was arrested after allegedly attempting to strike the victim with a dangerous instrument during a domestic dispute. He was arraigned in Pavilion Town Court and released under supervision of Genesee Justice. He is due in Pavilion Town Court on July 5. The case was handled by Sheriff's Deputy Robert Henning, assisted by Deputy Bradley Mazur.

Christina M. Strang, 41, was arrested for aggravated driving while intoxicated and operator leaving the scene of a property damage accident after she allegedly hit a parked car on Garibaldi Avenue in Oakfield, moving it approximately 15 feet from its location. Strang failed the SFSTs administered to her after Troopers detected the odor of alcoholic beverage emitting from her. Strang was transported to SP Batavia where she registered a .19 percent BAC, over twice the legal limit. Strang is scheduled to appear in the Town of Oakfield Court on June 27.

Christopher W. Muhs, 20, was arrested for aggravated driving while intoxicated, speeding and failing to notify of address change after he was stopped on State Route 19 in the Town of Pavilion. Troopers detected the odor of alcohol emitting from his breath. Muhs failed the SFSTs and was placed under arrest. He was transported to SP Batavia where he registered a BAC of .32 percent, four times the legal limit. Muhs was issued an appearance ticket and uniform traffic tickets returnable to the Town of Pavilion Court on June 28.

Jennifer R. Murray, of 2178 W. Henrietta Road, Rochester, was cited for following too closely following a rear-end accident at 7:21 a.m. today at 7988 Route 19 in Le Roy. According to the police accident report, a 2008 Honda pickup truck was stopped on Route 19 in order to make a left turn onto North Road, when another vehicle that was directly behind it, went around the pickup on the west shoulder. Murray, who was southbound in a 2002 Subaru, did not see the stopped vehicle in time and rear-ended it, according to a witness. The accident report was made by Sheriff's Deputy Joseph Loftus.

James D. Pontillo, 48, of Griswold Road, Byron, is charged with offering for file a false instrument, 2nd, grand larceny, 4th, falsifying business records, 1st, and forgery, 2nd.

Pontillo, who is the recorded owner of nine pieces of property in the City of Batavia, is accused of falsely portraying himself as the owner of a multi-dwelling property in the city and of filing documents indicating he was the owner and of collecting benefits from the State of New York.

Following arraignment in City Court yesterday, Pontillo was released without bail.

Previously:

• Fences, and more, divide business neighbors in Stafford
• Reward offered for illegal dumping of garbage bags in Stafford
• Owner of one of Stafford's historic buildings says neighbor preventing restoration work
• Pontillo needs to show some respect, and insurance, if he wants permission to go on property, owner's son says
• Stafford: The fence that divides a community
• Stafford ZBA to meet tonight on Pontillo fence issue
• The Sunlight Dialogues: Stafford ZBA denies variance for too-high fence
• Stafford ZBA's denial of fence variance reversed on appeal
• Sink hole opens at property on Oak Street
• Landlords object to idea of fining property owners for nuisance tenants
• Local landlord calls in police to investigate damage to apartment following eviction
• Law and Order: Police break up alleged Halloween underage drinking party on Jackson Street

A 36-year-old Hutchins Street resident with a long history local of drug-related arrests, most notoriously in 2012 when he got caught up in synthetic drug use, leading to bizarre behavior, has been arrested in two counties for allegedly selling heroin.

Bradley J. Broadbent is accused of selling heroin to a fellow inmate in the Genesee County Jail and of selling heroin to an agent of the Wyoming County Local Drug Task Force in Perry.

In Genesee County, Broadbent is facing charges of criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and promoting prison contraband, 1st.

In Wyoming County, he is charged with criminal sale of a controlled substance in the 4th and 5th degrees and criminal possession of a controlled substance in the 4th and 5th degrees.

Also arrested with Broadbent in Batavia, following an investigation by the Local Drug Task Force, was Ryan M. Bobzin, 27, of West Bergen Road, Bergen. Bobzin is charged with promoting prison contraband, 1st, and criminal possession of a controlled substance, 7th. 

The transaction allegedly took place April 24 after both Broadbent and Bobzin were incarcerated on unrelated charges. Broadbent is accused of smuggling the heroin into the jail.

Both men were arraigned in City Court and Broadbent was ordered held on no bail and Bobzin was released on his own recognizance.

Broadbent was ordered held on $100,000 in Wyoming County, where he is currently incarcerated. 

In 2012, during the summer of bath salts in Batavia, Broadbent made the news for climbing on the roofs of houses on Hutchins Street after rampaging through a commercial building on Liberty Street.

Prior to his March 6, 2013 sentencing on convictions stemming from those events, Broadbent approached a reporter in the courtroom and talked about how he wanted to turn his life around and he apologized to the community for his behavior.

Later, during sentencing, he told Judge Robert C. Noonan, "I'm never going to be behind this table again, your honor."

He also told Noonan, "I've been in jail almost my whole life. I know with my record, saying I'm sincerely sorry is hard to take seriously, but I am sorry. This is the last time I'm ever going to be at this table, your honor, regardless of what you sentence me to."

Broadbent was convicted in a jury trial of misdemeanors and Noonan sentenced him to two one-year sentences to be served consecutively.

Noonan told Broadbent at the sentencing that he hoped he could turn his life around.

"You're a poster child for why bath salts had to be banned," Noonan said. "The evidence of your behavior in this trial was nothing short of bizarre, and not only in terms of what you did, but what you were able to do with almost superhuman feats while under the influence of those substances."

A 17-year-old female and a 17-year-old male were arrested at 5:26 p.m. on Wednesday, June 15, at Kibbe Park in Batavia and charged with public lewdness. They were allegedly engaged in a sexual act with each other while in a vehicle in a public park. They were each issued appearance tickets and are due in City Court at 1 p.m. on Tuesday, June 28. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Mitchell Cowen.

Michael J. Difalco, 28, of South Main Street, Batavia, is charged with second-degree harassment and criminal obstruction of breathing. It is alleged that at 12:10 a.m. on June 18, Difalco was involved in a domestic incident with a female in the City of Batavia and that he harassed the victim physically and obstructed her breathing by applying pressure to her neck. He is scheduled to be in City Court this afternoon. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Eric Foels.

James D. Liotta, 33, of 551 Brooktondale Road, Brooktondale, is charged with felony unlicensed operation, misdemeanor driving while intoxicated, and driving with a BAC of .08 percent or more, also a misdemeanor. He was arrested at 8:18 a.m. on June 18 on Route 77 in the Village of Corfu. He was stopped for driving a motor vehicle while using a cell phone without free hands. He was allegedly found to be intoxicated with a BAC of .16 percent and it was found that his operating privileges were revoked for two prior DWI arrests. Liotta was also found to be wanted out of Orleans County. He was jailed without bail and a detainer from Orleans County was forwarded to the GC Jail for the suspect. The case has handled by Village of Corfu Police Officer Gene Nati, assisted by GC Sheriff's Deputy Lonnie Nati.

David T. Latterell, 27, of Norris Drive, Rochester, is charged with passing a red light, aggravated unlicensed operation, 2nd, and operating a motor vehicle without an interlock device. At 8:21 p.m. on June 14, Latterell was arrested on these charges on West Main Street after he allegedly ran a red light while traveling eastbound on Main Street at Ellicott Street. He allegedly knew his NY driver's license was revoked and that he was supposed to have an interlock ignition device on any vehicle he operated, which he did not have. He is due in court on June 29. The case was handled by Batavia Police Officer Jamie Givens.

Bryan H. Fetterly, 30, of Route 350, Macedon, was taken into custody by Batavia BD on June 14 after he was picked up by Ontario County Sheriff's deputies on a bench warrant issued by Batavia City Court for failure to comply. He was jailed on $2,000 cash bail or $4,000 bond and is due in City Court on Wednesday. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Felicia DeGroot.

Timothy M. Ridgway, 34, of Elm Street, North Valley, is charged with violation of probation. He was arrested by GC Probation and turned over to Batavia PD. He was jailed on $5,000 bail and was due in court June 14. The case was handled by Batavia Police Officer Stephen Cronmiller.

Malachi M. Chenault, 19, of State Street, Batavia, is charged with unlawful possession of alcohol, with intent to consume, by a person under age 21. Chenault was arrested at 1:49 a.m. on June 11 and is to be in City Court this afternoon. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Peter Flanagan.

Brandon P. Armstrong Sr., 27, of Harvester Avenue, Batavia, is charged with failure to appear. Armstrong turned himself in on a bench warrant on June 9, which was issued after he failed to appear in City Court on traffic violations. He was released and is due in court on July 13. The case was handled by Batavia Police Officer Jason Davis.

A 20-year-old Batavia resident will get a second chance as the result of a plea deal stemming for a pair of alleged burglaries of a family member's home if he can successfully complete substance abuse treatment.

Kyle Robert Ratulowski entered guilty pleas today to burglary, 2nd, and grand larceny, 4th, with the understanding that if he successfully completes the program, he will be given a chance to withdraw his guilty plea on the burglary charge and receive a probationary sentence on the grand larceny charge.

Ratulowski is currently in county custody, held without bail, while awaiting a "bed-to-bed" transfer to a drug treatment facility.

A bed at the facility should open within a week.

Interim Judge Michael Pietruszka told Ratulowski that if he washed out of the program, he would be looking of a possible maximum prison sentence of 15 years.

Ratulowski was arrested in April and accused of breaking into a home on Clinton Street, Batavia. He allegedly took a wallet containing a debit card. He told the court that he did not use the debit card. If there is a claim for restitution, Ratulowski will be required to pay it.

Sentencing is set for 1:30 p.m. on Aug. 16.

Press release:

The Batavia Police Department is currently investigating larcenies from vehicles in the northeast section of the city, including but not limited to: Vine Street, Farwell Drive, Ross Street and Manhatten Avenue.

An arrest has been made with regard to this incident and property has been recovered.

If you discover that a larceny has occurred from your vehicle or other location, please contact Officer Matt Wojtaszczyk at Batavia PD. Phone 345-6350.

Joshua Michael Pierce, 21, of Meadowbrook Terrace, Corfu, is charged with reckless endangerment and criminal obstruction of breathing/blood circulation. Pierce was arrested on June 18 following the investigation into a domestic incident at 3 a.m. on June 14 on Route 5 in the Town of Pembroke. He was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash bail and is due in Pembroke Town Court on June 30. The case was handled by Sheriff's Deputy Kevin McCarthy, assisted by Deputy Kyle Krzemien.

Joshua Michael Pierce, 21, of Meadowbrook Terrace, Corfu, is charged with criminal obstruction of breathing and criminal mischief in the fourth degree. He was arrested on June 18 following the investigation into a domestic incident that happened on Route 20 in the Village of Alexander at 1:05 p.m. on June 11. He was arraigned in Alexander Town Court and jailed in lieu of $10,000 bail and is due in Alexander Court on July 12. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by Deputy Jason Saile.

Rodney John Prichard, 28, of North Main Street, Delevan, is charged with unlawful possession of marijuana, operating a motor vehicle while registration suspended, and having an open container of alcohol. At 3:08 p.m. on June 19, Prichard was stopped on Alleghany Road in the Town of Darien for allegedly driving with a suspended registration. He was also allegedly found to possess an open container of alcohol inside the vehicle. He was released on appearance tickets and is due in Darien Town Court on July 12. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Lonnie Nati.

Brittney Lynn Caldwell, 26, of North Main Street, Delevan, is charged with unlawful possession of marijuana and having an open container of alcohol in a vehicle. At 3:28 p.m. on June 19, following a traffic stop on Alleghany Road in the Town of Darien, Caldwell was allegedly found to possess marijuana and have an open container of alcohol inside a vehicle. She was released on appearance tickets for Town of Darien Court on July 12. The case was handled by Sheriff's Deputy Kyle Krzemien, assisted by Deputy Lonnie Nati.

Rondell Jermaine Watson Sr., 34, of Raeburn Avenue, Rochester, is charged with petit larceny, conspiracy and disorderly conduct. On June 18, Watson was turned over to Genesee County Sheriff's deputies by the Rochester PD on a bench warrant out of the Town of Batavia Court. He was put in jail and is due in Town of Batavia Court on June 27. The case was handled by Sheriff's Deputy Rachel Diehl.

A 16-year-old who lives on Clinton Street Road, Batavia, is charged with unlawful possession of marijuana. At 2:45 p.m. on June 15, the youth was allegedly found to be in possession of a quantity of marijuana on the school grounds of Byron-Bergen Jr./Sr. high school. The youth was issued an appearance ticket for Bergen Town Court. The case was handled by Sheriff's Deputy Matthew Butler.

Press release from the City of Batavia Police Department:

On June 15, uniformed members of the City of Batavia Police Department along with members from the Genesee County Local Drug Task Force (comprised of members from the Genesee County Sheriff's Office, Le Roy Police Department, and City of Batavia Police Department), New York State Parole and uniformed members of the Genesee County Sheriff's Office conducted a Neighborhood Enforcement Team detail in the City of Batavia.

The detail focused on quality of life issues, drug enforcement, warrant checks and probation checks in targeted neighborhoods. The following arrests were made:

Eddie L. Miles Jr., 44, of Central Avenue, Batavia, was charged with one count of unlawful possession of marijuana (a violation) and several traffic offenses following a traffic stop.

Michael Lazik, 62, of Creek Road, Batavia, was arrested on an indictment warrant charging him with one count of criminal sale of a controlled substance, 5th, a Class D felony, and one count of criminal possession of a controlled substance, 5th, also a Class D felony.

Officers conducted 12 parole checks, 16 traffic stops and issued 10 traffic tickets for various violations.

A young man already serving a three-year prison sentence on a gang assault conviction admitted in Genesee County Court this morning that he attempted to sell cocaine to an undercover agent Oct. 14 in the Town of Batavia.

Leonard A. Johnson III was dressed in a green prison jumpsuit and accompanied by two state corrections officers and had family members in the courtroom as he appeared before Interim Judge MIchael Pietruszka to plead guilty to the Class C felony of attempted criminal possession of a controlled substance, 3rd.

The plea satisfies five pending charges, none of which had yet been referred to the grand jury, stemming from an investigation by the Local Drug Task Force into the sale of narcotics in the city and Town of Batavia.

The plea deal includes the stipulation that any sentence imposed by the County Court in September be served concurrently with Johnson's current prison term. The conviction carries a maximum possible sentence of five years.

Johnson entered the guilty plea to the gang assault charge, along with two accomplices, in January. The three young men were accused of beating and kicking a victim on Holland Avenue.

Because of the timing of that conviction and these additional charges, this new conviction will not count on Johnson's record as a second felony offense, which is an issue only if Johnson is ever charged with another felony. (Two prior felony convictions for sentencing purposes could lead to a longer prison term.)

Under questioning from Pietruszka, Johnson said he is currently undergoing substance use counseling while incarcerated.

Leroy Hannah Jr., 43, of Bradfield Street, Rochester, is charged with improper left turn, unlicensed operator and aggravated unlicensed operator for allegedly having 36 active suspensions on an ID card (not a driver's license). The subject was stopped at 1 p.m. on June 11 on Alleghany Road in Darien for making an illegal left turn. He was jailed in lieu of $5,000 bail and is due in Darien Town Court on Tuesday. The case was handled by Sheriff's Deputy Lonnie Nati.

Eli Matthew Aaron Smoke, 27, of Meadville Road, Alabama, is charged with endangering the welfare of a child. He was arrested at 6:13 p.m. on June 11 on Meadville Road following a domestic incident wherein he allegedly struck a child several times leaving bruising and welts on the child's body. He was arraigned, then released and a stay away order of protection put in place. The case was handled by Sheriff's Deputy Michael Lute.

Amy R. Doxtater was arrested on June 11 following a traffic stop on Route 20 in Darien. She is charged with: driving while intoxicated; aggravated DWI with a BAC of .18 percent or higher; aggravated unlicensed operation, 3rd; moving from lane unsafely; driving left of pavement markings in a no-passing zone; and refusal of breath-screening test. She was issued tickets and is to appear in Darien Town Court on July 12. The case was handled by Sgt. Jason Saile, assisted by Deputy Howard Carlson and Deputy Robert Henning.

Megan Ann Burns, 23, of 5668 Leete Road, Lockport, is charged with criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. During a traffic stop on Feeder Road in Alabama at 1:40 p.m. on June 8, Burns was allegedly found to possess several hypodermic needles loaded with suspected narcotics. She was issued appearance tickets and released. She is to be in Town of Alabama Court on July 12. The case was handled by Sheriff's Deputy Lonnie Nati.

Jeremy Charles Kaufman, 24, of 2868 Maple Road, Wilson, is charged with criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. During a traffic stop on Feeder Road in Alabama at 1:40 p.m. on June 8, Kaufman was allegedly found to possess several hypodermic needles loaded with suspected narcotics. He was issued appearance tickets and released. He is to be in Town of Alabama Court on July 12. The case was handled by Sheriff's Deputy Lonnie Nati.

Tyler Michael Confer, 23, of Walk Road, North Tonawanda, is charged with driving while intoxicated with a BAC of .08 percent or higher, first offense, and driving while intoxicated, first offense. The defendant was arrested at 4:57 a.m. on June 12 after he was allegedly found doing donuts on Lewiston Road. He was released on appearance tickets for Pembroke Town Court on July 17. The case was handled by Sheriff's Deputy Ryan Young.

Alizet Krysthalia Espinosa, 18, of Glendale Park, Rochester, is charged with criminal mischief, 4th. She was arrested at midnight on June 12 following the investigation into a property damage complaint at Darien Lake Theme Park. She was arrested for allegedly damaging an entry door and a touch screen monitor. She was jailed in lieu of $250 bail and is due in Darien Town Court on July 21. The case was handled by Sheriff's Deputy Eric Meyer.

An argument between the clerk at the Yellow Goose in Oakfield and some customers is reported. The customers are said to be throwing things inside the store at the clerk. Law enforcement is responding. The store is located at 33 S. Main St.

Press release:

U.S. Border Patrol agents assigned to the Rochester Border Patrol Station arrested a previously deported alien with a criminal record on June 6.

Le Roy Police Department turned over Juan Rivas-Silva, age 42, to Border Patrol after stopping his vehicle for a traffic violation. The Le Roy Police department had requested Border Patrol assistance during the traffic stop.

An agent from the Rochester Border Patrol Station interviewed Rivas-Silva, a citizen of Mexico. Rivas-Silva was in possession of an expired driver’s license and a Mexican passport. Rivas-Silva was determined by Border Patrol to be illegally present in the United States, placed under arrest, and transported to the Rochester Border Patrol Station for processing.

Rivas-Silva told agents that he entered the United States illegally in 1998 in California. While in the United States, Rivas-Silva has committed felony crimes including burglary, assault and battery, domestic violence, and driving under the influence. Rivas-Silva is held without bond pending his removal from the United States.

Rochester Station Patrol Agent In Charge Michael Werthman said, “The arrest of this individual highlights the cooperation between law enforcement agencies in bringing criminals to justice. I commend our agents and the Le Roy Police Department for their hard work and commitment to service.”

Leah J. Wimmer, 23, of Broadway Road, Darien, is charged with second-degree aggravated unlicensed operation, speeding (45 in a 30-mph zone) and unlicensed operation of a motor vehicle. Batavia PD received multiple reports from concerned citizens about a vehicle driving erratically on Clinton Street from the Bergen area shortly after 11 a.m. on June 3. No GC Sheriff deputies or NYS troopers were available. Batavia police located Wimmer driving on Clinton Street heading into the city. A traffic stop was conducted by Det. Sgt. Todd Crossett, assisted by Officer Marc Lawrence. Through the investigation it was discovered that Wimmer's driver's license was revoked. She was arrested and issued tickets. She posted police bail and was released. She is scheduled to appear in City Court at a later date.

Travis Domonic Brooks, 32, of Ellicott Street, Batavia, is charged with criminal obstruction of breathing. He was arrested at 8:07 a.m. on June 6 following an investigation into a domestic incident wherein he allegedly choked another person. He was arraigned and released under supervision of Genesee Justice. He is to return to City Court on July 7. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Sgt. Dan Coffey.

Jamie L. Soto, 41, of West Main Street Road, Batavia, is charged with second-degree harassment. She was arrested at 11:04 a.m. on June 8 after allegedly striking an adult male in the face while at a residence on Liberty Street in the city. She is to be in City Court on June 21 to answer the charge. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Jamie Givens.

Freddie L. Cunningham Jr., 54, of Ellicott Street, Batavia, is charged with second-degree harassment. He was arrested at 8:10 p.m. on June 4 following an incident wherein he allegedly made verbal threats toward another person. He was arraigned in City Court and then released and is due back in court on July 7. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Christopher Lindsay.

Regina M. Iannello, 56, of Platt Avenue, Le Roy, is charged with second-degree criminal contempt. She was arrested at 1:25 p.m. on May 13 after allegedly entering the residence on East Main Street in Batavia of a protected party of a stay away order. She is to return to City Court on June 21. The case was handled by Batavia Police Officer Jamie Givens.

Cody R. Moore, 27, of Clinton Street, Batavia, turned himself in on a bench warrant issued after he failed to appear and failed to pay a fine on a charge of aggravated unlicensed operation in the third degree issued Feb. 18 on West Main Street in the city. He was put in jail on $1,000 bail or $2,500 bond. The case was handled by Batavia Police Officer Jason Ivison.

Isaiah Munroe, 26, of Buell Street, Batavia, is charged with failure to appear. He was arrested after failing to appear in City Court on April 13 to answer a charge after he allegedly drove his vehicle with suspended registration in March. He was processed and released after posting bail and is due in City Court on June 22. The case was handled by Batavia Police Officer Mitchell Cowen.

Philip R. Ayala accepted a plea deal today in Genesee County Court to a Class B non-violent felony of criminal possession of a controlled substance in the third degree. He will be sentenced at a later date this summer.

The former crack cocaine dealer and felon who once lived on Summit Street in the City of Batavia is now serving eight years in prison on other drugs charges prosecuted in Orleans County.

Acting Judge Michael F. Pietruszka can impose a sentence of anywhere from two to 12 years on the new charge, with one and a half to three years post-release supervision. Whatever sentence the judge decides will run concurrently with the defendant's existing sentence, under terms of the plea bargain. Ayala waived his right to any appeal.

Pietruszka ordered a pre-sentence report for Ayala, who is about 5'8" and slightly built.

When asked by the judge this morning, Ayala admitted to possessing (crack) cocaine with the intent to sell it last July in the city. That was while he was living on Vine Street in Batavia.

He was arrested on a sealed warrant out of Orleans County and had 62 bags of crack cocaine in his possession when they found him.

Ayala was out on bail awaiting sentencing in August. He had pled guilty to a Class C felony for fourth-degree criminal possession of a controlled substance stemming from a raid by law enforcement in Orleans County in December 2014. He was to get no more than five years in prison IF he didn't break the law prior to his sentencing.

As it stands, if he gets the maximum of 12 years, in addition to the eight he's already serving, that's four more years.

As was the case in April when today's plea cut-off date was set, there were several friends and family members in the gallery, tots to middle age, pointing, smiling and silently mouthing words. When his case ended, they stood and again said "Love you bro' " "Keep your head up!"

Chase J. Francis-Whipset, 27, of Caledonia, was arrested on June 4 by the Le Roy Police Department and charged with: one count of criminal possession of a controlled substance in the 5th degree with the intent to sell, a Class D felony; aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony; unlawful possession of marijuana, a violation; speed in zone, a violation; unlicensed operator, a violation; and driver's view obstructed, a violation. Francis-Whipset was stopped by the Le Roy Police after allegedly operating a motor vehicle on East Main Street speeding. After a brief investigation, it was found that Francis-Whipset had a suspended driver’s license. Further investigation revealed that Francis-Whipset allegedly possessed a quantity of cocaine, marijuana and drug paraphernalia. Francis-Whipset was arraigned in the Town of Le Roy Court and put in Genesee County Jail in lieu of $3,000 cash bail or $6,000.00 bond. Francis-Whipset is to appear in court on June 8.

Blake Riley Pahuta, 18, of Alleghany Road, Pembroke, is charged with petit larceny, sixth-degree conspiracy, third-degree tampering, and unlawful possession of marijuana. A 17-year-old-female from Pembroke is charged in the same incident for petit larceny, sixth-degree conspiracy and third-degree tampering. The charges for both individuals stem from a shoplifting complainant from Kmart. Pahuta was operating the suspect vehicle from a larceny; the female was a passenger in that vehicle. Pahuta was observed northbound on Route 77 at 3:50 p.m. on June 6. As a State Police patrol attempted to stop the vehicle, a large black bag was thrown from the suspect vehicle. The vehicle was later stopped on Cohocton Road in the Town of Pembroke and at the end of the investigation, Pahuta and the female were arrested on the charges. They were taken to jail for processing, then released on appearance tickets for Town of Batavia Court and Pembroke Court at a later date(s). The cases were handled by Sheriff's Deputy Richard Schildwaster, assisted by Deputy Michael Lute.

Ana M. Uribe, 22, of Tracy Avenue, Batavia, is charged with second-degree harassment. At 2:57 p.m. on June 2, Uribe was arrested after she allegedly punched a former coworker after being fired from her place of employment the day before. She is to appear in Batavia City Court on June 14. The case was handled by Batavia Police Officer Cowen Mitchell, assisted by Officer Christopher Lindsay.

Christina A. Cotter, 23, of Ellicott Street, Batavia, is charged with first-degree criminal contempt, second-degree criminal contempt, endangering the welfare of a child, and second-degree harassment. She was arrested on the charges June 2. They stem from a domestic incident at noon on May 28 wherein Cotter is alleged to have been involved in a physical altercation with another person who had an order of protection against her. She was jailed without bail and was due back in City Court on June 3. The case was handled by Batavia Police Officer Christopher Lindsay and Officer Marc Lawrence.

Gary D. Burney, 35, of Spruce Street, Batavia, is charged with first-degree criminal contempt, endangering the welfare of a child, two counts of fourth-degree criminal mischief, and second-degree harassment. He was arrested at 11:30 a.m. on June 4 following a domestic incident wherein he allegedly shoved a person and damaged the person's property all while in the presence of a child. He was jailed on $5,000 bail and is be appear today in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Christopher Camp.

Jennifer N. Wenner, 29, of Hutchins Street, Batavia, is charged with criminal possession of stolen property in the third degree. Steffon G. Philip, 30, of Madison Street, Rochester, is also charged with criminal possession of stolen property in the third degree. At 10:41 p.m. on May 30, Batavia police observed a stolen vehicle in the area of East Main and Swan streets. Officers arrested Wenner, who was allegedly found operating the stolen vehicle. She was jailed on $5,000 bail. They also arrested Philip, who was allegedly found with the stolen vehicle. Both were due in City Court on May 31. The cases were handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Christopher Lindsay.

Luis D. Chavez, 23, of Lewiston Road, Oakfield, is charged with operating a motor vehicle on a pubic highway while using a mobile phone, driving while intoxicated, and driving with a BAC of .08 percent or higher. The charges stem from an accident at 9:57 p.m. on May 25 on State Street in Batavia. It is alleged that Chavez was on his mobile phone, not paying attention to the roadway, and struck a parked car on the east side of State Street, just north of North Street. During the investigation, Cahvez was also allegedly found to have been intoxicated by alcohol. He was released on appearance tickets and is due to appear on those charges in City Court June 8. The case was handled by Batavia Police Officer Chad Richards, assisted by Sgt. Christopher Camp.

Robert J. Donovan II, 38, of Oak Street, Le Roy, is charged with inadequate rear lamp and second-degree aggravated unlicensed operator. At 9:23 p.m. on May 22, Batavia police conducted a traffic stop on a motorcycle in the area of Oak Street and Richmond Avenue in the city and found Donovan to be operating the motorcycle with a suspended license with a total of 10 suspensions. He was arrested and later posted bail. He was to appear in City Court on June 1. The case was handled by Batavia Police Officer Arick Perkins.

Quinton L. Spinks, 31, of Vine Street, Batavia, is charged with first-degree aggravated unlicensed operation and failure to obey a traffic control device. Spinks was arrested at 9:32 p.m. on May 28 following a traffic stop on Washington Avenue. Spinks was stopped after allegedly driving on a closed road and was found to be operating with active suspensions on his NY ID. He was jailed without bail and was due in City Court on May 31. The case was handled by Batavia Police Officer Cowen Mitchell.

Benjamin D. Chudoba, 23, of Swan Street, Batavia, is charged with criminal possession of a controlled substance. He was arrested around 8:50 p.m. on May 27 as the result of an investigation into a traffic offense that occurred a short time earlier. Chudoba was allegedly found to be in poessession of heroin, and subsequently charged with criminal possession of a controlled substance, 7th. He was processed at Batavia PD headquarters and issued an appearance ticket. Chudoba is scheduled to be in Batavia City Court on June 7. The case has handled by Batavia Police Officer Eric Foels, assisted by Officer Mitchell Cowen.

Benjamin G. Evans IV, 27, of Maple Street, Batavia, is charged with petit larceny. He was arrested at 12:57 a.m. on May 20 following an investigation into a larceny complaint wherein it is alleged he stole a toolbox of items. He was released on an appearance ticket and is to be in City Court on May 31. Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Matthew Lutey.

Makayla E. Stickley, 19, of Gibsonville Road, Leicester, is charged with issuing a bad check. She was arrested on an active warrant out of Batavia City Court for allegedly issuing a bad check on Nov. 23. She did not respond to a summons and a warrant was issued for her arrest. She is to appear in City Court on June 7. The case was handled by Officer Chad Richards, assisted by Officer Arick Perkins.

Winston Ashton Lockhart, 21, of Pringle Avenue, Batavia, was arrested on two active bench warrant out of City of Batavia for failing to pay fines stemming from an incident in November on West Main Street, Batavia. Lockhard was located by Batavia Police Officer James DeFreeze while on an unrelated complaint. He was arrested then released and issued two computer-generated appearance tickets for May 31 in City Court. Officer DeFreeze was assisted by Officer Marc Lawrence.

Joseph W. Freeman, 32, of Platten Road, Lyndonville, was charged with petit larceny on Feb. 12 on West Main Street, Batavia. He had an active bench warrant for failing to appear in court as directed. He was located by police at a residence in the city and put in jail on $500 bail. He was due in City Court on June 1. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Sgt. Dan Coffey.

Tiffany Lynn George, 29, of Council House Road, Alabama, is charged with the unauthorized use of a motor vehicle in the third degree. She was arrested at 4:18 p.m. on June 5 on Council House Road following an incident in the Town of Alabama. George allegedly took and used a motor vehicle without the owner's concent. She is set to appear in Town of Alabama Court on June 30. The case was handled by Sheriff's Deputy Michael Lute, assisted by Deputy Chris Parker.

Kimberly M. Volk, 27, of Maltby Road, Oakfield, was arrested on May 28 on a bench warrant out of Batavia City Court. It was issued after she failed to appear on a March 31 charge of criminal use of drug paraphernalia in the second degree. She was jailed on $1,000 bail and was due back in court on May 31. The case was handled by Batavia Police Officer Christopher Lindsay.

Frankie Jean McQueen, 25, of Snipery Road, Corfu, is charged with failure to appear. On May 27, the Genesee County Sheriff's Office turned over McQueen to Batavia PD and she was arrested on a bench warrant issued out of Batavia City Court. The warrant was issued due to failure to appear in court in November 2014. McQueen was ordered to be in court on June 7 and then turned over to NYSP on a separate warrant out of Warsaw. The case was handled by Batavia Police Officer Arick Perkins.

Nicholas Tyler Stutes, 18, of Wyoming Road, Wyoming, is charged with third-degree assault. He was arrested at 11 a.m. on June 2 following a complaint and investigation of an assault on Big Tree Road in Pavilion. The case was handled by Sheriff's Deputy Ryan DeLong.

Jenna T. Girolamo, 18, of Sutters Run, Rochester, and a 16-year-old female from Churchville, are charged with making graffiti, a misdemeanor, and trespass, a violation. The two defendants were allegedly found trespassing in Buttermilk Falls, Route 19, Le Roy, at 7:40 p.m. on June 4. They were also found to have allegedly made graffiti in the same area. They were arrested on the charges and issued appearance tickets for July 18 in Town of Le Roy Court. The case was handled by Sheriff's Deputy J.M. Diehl, and Le Roy PD officers E. Blodgett and Dent.

A 17-year-old male from Byron and a 17-year-old male from Bergen are charged with trespass, a violation. The two defendants were allegedly found trespassing in Buttermilk Falls, Route 19, Le Roy, at 7:40 p.m. on June 4. They were arrested on the charge and issued appearance tickets for July 18 in Town of Le Roy Court. They were accompanied by two females (previously cited above). All were removed from the property. The case was handled by Sheriff's Deputy J.M. Diehl, and Le Roy PD officers E. Blodgett and Dent.