crime

Terrance D. Bauer, 48, of Church Street, Alabama, is charged with criminal possession of a weapon, 3rd, and criminal possession of marijuana, 5th. Bauer was taken into custody by the Genesee County Local Drug Enforcement Task Force following the execution of a search warrant at his residence on Oct.15. Bauer was allegedly found in possession of marijuana and a billy club, which he cannot legally possess. Bauer was released on his own recognizance following his arraignment in Town of Alabama Court.

Craig A. Tiberio, 21, of Lathrop Avenue, Le Roy, is charged with assault, 3rd. Tiberio is accused of getting into an argument at a residence on St. Mary's Street, Pavilion, and punching another person in the face causing physical injury.

Robert Adam Barnhart, 25, of East Main Street, Batavia, is charged with grand larceny, 3rd. Barnhart was arrested on a warrant out of Wyoming County.

Aaron John Gugel, 18, of Donahue Road, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gugel's car, parked at 260 State Street.

Sharmice Shantell Gibson, 18, Wood Street, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gibson's car, parked at 260 State Street.

A Batavia man previously accused of stealing from local stores is in trouble again -- this time for allegedly burglarizing a business on Harvester Avenue and forging checks from that business.

Michael J. Piasta, 30, of 415 East Main St., was arrested by Batavia Police following an investigation and charged with burglary, 3rd, and criminal possession of a forged instrument.

Piasta is accused of breaking into a business at 56 Harvester Ave. and stealing checks and credit cards.

He allegedly tried to cash two business checks at area banks and is accused of using the credit card at various locations.

Piasta was jailed without bail.

Previously, Piasta allegedly stole some DVDs from Pandora's Boxx and fled on foot. He was the subject of a short manhunt at St. Joseph Cemetery off of Buell Street. Also, he was previously accused of stealing beer from Wilson Farms on East Main Street. In that case, Piasta was apparently caught on camera at the store, and at the time of his arrest he was wanted on a warrant out of Niagara County.

Information on the court status of those cases is not immediately available.

Michelle Richmond, 41, of 207 Washington Ave., Batavia, is charged with DWI, driving with a BAC of .18 or greater and speeding. Richmond was stopped at 2:52 a.m. on West Main Street, Batavia, by Officer Darryle Streeter.

William L. Verney, 29, of Alexander, is charged with conspiracy, 6th. Verney was arrested by State Police on Monday for an alleged incident reported on Oct. 10 on the Tonawanda Indian Reservation. No further details were released.

Jeffery A. Fitzsimmons, 18, of Medina, is charged with unlawful possession of marijuana. Fitzsimmons was arrested by State Police at 1:05 a.m., Saturday, on Route 63 in the Town of Alabama.

Harold Miles, 52, of Batavia, is charged with introduction of prison contraband, 2nd, and criminal possession of a controlled substance, 7th. Miles was arrested by State Police on Saturday for an alleged incident reported on Oct. 19. No further details were released.

Andrei P. Sliker, 19, of 15 Thorpe St., Batavia, is charged with harassment, 2nd, and criminal contempt. Sliker alleged grabbed and pushed a woman who had a court order of protection against Sliker. Sliker was jailed without bail.

Matthew R. Hinze, 19, of Batavia, is charged with driving while impaired by drugs, loud/inadequate muffler, a license plate violation and unlawful possession of marijuana. Hinze was stopped at 11:09 p.m., Friday, on Route 63 in the Town of Batavia, by Deputy Patrick Reeves.

Jennifer Pearl Hepp, 28, of Walker Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or higher, aggravated unlicensed operation and driving left of the pavement markings. Hepp was stopped at 2:42 a.m. on Route 238 in Alexander by Deputy Jason Saile.

A 17-year-old from Walker Road, Pavilion, is charged with unlawful possession of marijuana. Walker was charged after a drug-sniffing K-9 reportedly alerted on his vehicle.

A 17-year-old from Big Tree Road, Pavilion, is charged with unlawful possession of marijuana. Walker was charged after a drug-sniffing K-9 reportedly alerted on his vehicle.

Michele Marie Davis, 27, of Wyoming Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater and speeding. Davis was stopped at 1:48 a.m., Sunday, on Perry Road in Pavilion by Sgt. Brian Frieday.

Charles William Wilder, 27, of Crane Raod, Oakfield, is charged with felony DWI, aggravated DWI with a BAC of .18 or greater and improper left turn. Wilder was stopped at 2:29 a.m., Sunday, on South Main Street, Oakfield, by Deputy Jason Saile.

Angela A. Snyder, 32, of 432 E. Main St., Batavia, is charged with petit larceny. Snyder is accused of shoplifting from the Dollar General.

Batavia police are on the lookout for six youths who are reported to be stealing pumpkins in the city. Three other young people reported that the mischief-makers went into a house on Oak Street, but couldn't, or wouldn't, identify it.

Dispatch also mentioned Summit Street in connection with this incident. No word on the total of pumpkins involved.

At least two people, and maybe more, have contacted the Le Roy Police Department to report unauthorized transactions on their debit cards.

The individuals contacted police, according to Sgt. Tim Hayes, after trying to use their cards at area stores and having the transactions denied.

Upon further checking, the card holders discovered numerous debit card purchases for varying amounts on different dates at out-of-state stores, Hayes said.

Hayes said Officer Emily Clark is also handling the case and she may have the names of other victims, but Hayes did not immediately have that information available.

A reader who tipped The Batavian to the investigation said as many as 40 people in Le Roy have had unauthorized transactions on their debit cards and Hayes said that number could be accurate because not all of the victims are calling the police department -- many are only contacting their bank branches.

It's not clear how the debit card numbers of the victims were obtained, Hayes said. The victims still have physical custody of their cards.

Hayes asked that any victims of the scam contact law enforcement. The investigation is continuing.

Two weeks ago, media in Rochester reported that numerous area residents had suffered a similar scam. The victims may have been customers of Aldi's, which reportedly suffered a security breech. A perpetrator reportedly tampered with Aldi's credit card terminals in 11 states.

It's unknown if the Le Roy victims have been caught in the same scam.

In his e-mail to The Batavian, Hayes wrote, "It would be well advised as a matter of routine credit security for people to regularly check their debit card and credit card statements for incorrect/fraudulent charges and to notify the police as well as their financial institutions immediately upon discovery."

Cain Catino, 39, who tried to steal oxycodone from the Oakfield Family Pharmacy last month pled guilty this morning to attempted robbery, 3rd, in Genesee County Court.

The Seven Spring Roads resident had a knife in his pocket at the time of the attempted robbery, District Attorney Lawrence Friedman revealed this morning.

Friedman said Catino's case was scheduled to go before the grand jury next week and Catino was facing a possible charge of robbery, 1st, and criminal possession of a weapon.

Witnesses would testify, according to Friedman, that Catino was attempting to retrieve the knife when the pharmacy owner and his son were wrestling Catino to the floor.

Under terms of the agreement, Catino receives second felony offender status and will serve from one-and-half years to three years in prison.

Without the plea agreement, the attempted robbery charge could carry a maximum sentence of two to four years.

Catino's prior felony convictions are a grand larceny charge in 2008 and attempted robbery in 2009.

Sentencing was scheduled for Nov. 22.

Catino's mother is accused of trying to smuggle drugs to him in Genesee County Jail earlier this month. Charges of criminal possession of a controlled substance and promoting prison contraband are still pending.

A 40-year-old Attica man who was stopped on East Main Street, Batavia, just 12 days ago, admitted in Genesee County Court this morning that he was driving drunk at the time.

Roland J. Reed admitted to a felony count of driving while intoxicated and aggravated unlicensed operation. He was charged under Leandra's Law because he reportedly had a 2-year-old and an 8-month-old in his car when he was stopped by police.

He was also charged at the time with unlawful possession of marijuana, refusal to take a breath test and moving from lane unsafely.

Reed also admitted to DWI convictions, one in Le Roy in 2009 and another in Monroe County in 2008.

He faces from one to four years in state prison.

Originally jailed on $25,000 bail, Reed will be released under supervision of Genesee County Justice as a condition of his plea.

In addition to prison time, Reed will be required to have an ignition interlock device for at least six months upon his release.

While out of jail awaiting sentencing, Reed will be undergoing treatment, according to his attorney, and looking for work. Judge Robert C. Noonan imposed a curfew from 6 p.m. to 6 a.m.

Shane M. Bartlett, 21, of Drake Road, Brockport, is charged with driving while impaired by drugs, unlawful possession of marijuana and operating without a front bumper/plate. Bartlett's vehicle was stopped at 5:03 p.m., Thursday, on North Byron Road, Elba, by Deputy Bradley Mazur.

Cory J. Zeiner, 21, of Lake Road South, Brockport, is charged with criminal possession of marijuana, 5th.

John Christian Finkney, 22, of Galloway Road, Batavia, is charged with criminal impersonation, driving out of class, unregistered motor vehicle, switched plates, uninsured motor vehicle. Finkney was allegedly involved in a road rage incident on Oct. 15. As part of the investigation, a deputy asked Finkney for his name and date of birth. It was later discovered that he allegedly provided the name and birth date of his brother. He was arrested Wednesday by Deputy Eric Seppela.

This morning, Suzanne Corona met South Beach owner Ken Mistler at a downtown bank and signed a contract agreeing to carry a sign in front of his restaurant for four hours that reads, "I Stole from South Beach."

The contract, Mistler said, is an admission of guilt. In it, Mistler agrees to drop criminal charges against Corona and she holds harmless Mistler, South Beach and all employees from any possible damages.

On Sept. 30, Corona was reportedly caught stuffing food from South Beach's buffet into baggies. When confronted, Corona, according to Mistler, dumped the food back onto the buffet. All of the items on the buffet had to be trashed right at the height of lunch hour.

According to Mistler, the resulting damage was more than $1,000, so Corona was facing a possible felony charge.

The 41-year-old Corona was in City Court briefly this afternoon on her other notorious legal case -- the public lewdness charge she admitted to in August.

Corona, who was initially charged with adultery for having sexual contact with a man not her husband in Farrall Park in June, was scheduled to be sentenced today.

The sentencing was continued until Nov. 24.

Judge Michael Del Plato only said that the proposed sentence "is something not available to me." He also instructed the attorneys on both sides that "what is confidential remains confidential."

James R. Sweet, 49, of 5 Shady Lane, Batavia, is charged with criminal contempt, 1st, reckless endangerment, 2nd, and endangering the welfare of a child. Sweet is accused of intentionally driving his car into the lane of traffic occupied by another vehicle. The other car was reportedly driven by a person Sweet was ordered to stay away from. There was reportedly a child in that car.

No charges have been filed yet against Suzanne Corona for allegedly trashing the buffet at South Beach on Sept. 30, and owner Ken Mistler remains ready to drop the charges if she agrees to carry these signs for four hours on East Main Street, Batavia.

Mistler had the signs made up more than a week ago in anticipation of Corona signing a contract admitting she stole from South Beach, but then Corona reportedly became hospitalized and has been unavailable since.

Corona is suspected of walking into South Beach with a purse full of baggies and then trying to fill them up with buffet items before wait staff interfered. When a manager intervened, Corona allegedly began dumping the baggies back on the buffet.

The value of the trashed buffet, plus the lost afternoon business, cost the restaurant more than a $1,000, according to Mistler, which means if Corona doesn't agree to carry the signs she faces at least one felony charge.

Batavia's notorious woman is expected in court Wednesday for sentencing on her public lewdness conviction. As part of a plea deal, an adultery count was dropped. Corona admitted to a sexual act with a man not her husband on a picnic table in Farrall Park in June.

James R. Kosiorek, 18, of Myrtle Street, Le Roy, is charged with assault, 2nd. Kosiorek is accused of punching and kicking another person in the head, causing physical injury to that person by means of a dangerous instrument. The alleged incident occurred on Friday. Kosiorek was jailed on $5,000 bail.

Kenneth Michael Burns, 53, of South Lake Avenue, Bergen, is charged with criminal contempt, 2nd. While incarcerated at Genesee County Jail, Burns allegedly violated an order of protection by contacting the protected person by phone.

Justin J. Pryzybyl, 21, of 8411 Peachy Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, making an unsafe start and not wearing a seat belt. Pryzybyl was stopped at 2:10 a.m., Saturday, on Clay Street by Le Roy Police Sgt. Michael Hare.

Benjamin Louis Monna, 21, of Florendin Drive, Henrietta, is charged with operating a motor vehicle impaired by drugs, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and speeding. Monna was allegedly spotted speeding on the Thruway (83 in a 65 mph zone) and was located a short time later on the side of the road at the Pembroke off ramp. He was allegedly found in possession of Ritalin without a prescription, a small amount of marijuana and was allegedly driving under the influence of drugs. He reportedly refused a blood test. Monna was taken into custody at 8:45 a.m., Friday, by Deputy Brian Thompson.

Mark Jacob Mutka, 29, of Ganson Avenue, Corfu, is charged with DWI, driving with a BAC of .08 or greater and speeding (84 in a 55 mph zone). Mutka was stopped at 4:08 a.m., Sunday, on Genesee Street, Darien, by Deputy Howard Carlson.

Justin E. Cratsley, 22, of 8348 Lewiston Road, Batavia, is charged with harassment, 2nd. Cratsley is accused of pushing a woman during an argument at 5:35 p.m., Oct. 7.

Kenneth M. Burns, 53, of Bergen, is charged with harassment, 2nd. Burns was arrested by State Police for an alleged incident that was reported at 8:45 p.m., Monday. No further details were released.

A Batavia mother is in jail tonight accused of delivering drugs to her son, who was being held in the Genesee County Jail.

Kathleen Catino, 59, of Seven Springs Road, allegedly handed her son some oxycodone during a jail visit.

Cain Catino, 39, also of Seven Springs Road, is being held on a robbery charge. He is accused of entering the Oakfield Pharmacy on Sept. 20 and demanding hydrocodone.

The mother is charged with criminal sale of a controlled substance, 3rd, possession of a controlled substance, 3rd, promoting prison contraband, 2nd, and possession of a controlled substance by ultimate user's original container.

Son is charged with criminal possession of a controlled substance and promoting prison contraband.

Jail officers reportedly witnessed the transaction in the visitation area and immediately seized the alleged contraband.

Kathleen Catino was jailed without bail.

In hindsight, 21-year-old Danielle Lovett wishes she hadn't said it was OK for witnesses to leave the scene of an accident she was involved in Sunday night.

It turns out that after the witnesses left, so did the driver of the other car -- flat tire, damaged muffler and all.

Lovett's 1999 Buick was totaled.

Even though Lovett's insurance is giving her $2,100 toward a replacement, she still has to pay a $500 deductible.

"I'd just like to find him so he can pay me back the $500," Lovett said.

She describes the driver as a white male in his late 40s or early 50s. She believes he was driving a Pontiac Aztec or similarly styled car.

The driver's side rear suffered some damage, she said. The man drove off with a flat tire and the noise from his muffler made Lovett think his exhaust system was damaged in the accident.

Even though the Sheriff's Office is investigating the accident, Lovett has tried herself to find the driver, alerting area mechanics and body shops to the damage.

A Bergen resident, Lovett said she was heading home from Batavia at 11 p.m., Sunday, on Route 33 in Stafford when a car coming off of Prole Road failed to yield at a stop sign.

She was unable to brake in time and struck the rear of the car.

Lovett wasn't hurt, but she knew right away her car was majorly damaged.

She said when she got out of the car, the other driver approached her and asked if she was OK. She was, and he said, "OK, so I can leave now?"

"No," she said. "We need to do this the right way."

She called 9-1-1 and when she got off the phone, the man said, "OK, so I can leave now?" 

Lovett insisted he stay and suggested they exchange information. He said he would go to his car and get his documents and she searched her glove box for a pen. When she looked up, the man was getting his car and leaving.

Lovett said the man stumbled toward her after he got out of his car and had slurred speech. At first, she figured he was just as shaken up as she was, but after awhile, she realized it was more than just after-accident shock.

"That's when I thought, 'Oh, my God, he's drunk,'" she said. "He's totally wasted."

There was at least one witness to the accident, Lovett believes, and other people who may have seen the hit-and-run car. She's hoping somebody will be able to come forward with more information to help find the driver.

UPDATE: A possible suspect vehicle has been identified. About 20 minutes after this post appeared, Lovett received a call from a person who read the story suggested a car matching the description was parked at a local repair shop.  I happened by while Danielle was checking out the vehicle.  She said the car sure looked like the one from the accident and the paint transfer, she said, matched the color of her vehicle.  The deputy investigating the accident, Howard Carlson, doesn't come on duty until 11 p.m. and Lovett was told to call back then.

A Batavia man who tried to outrun law enforcement from Avon to Le Roy will serve one- to three-years in state prison, Judge Robert C. Noonan ruled this morning.

Randy S. Rumble, 27, of State Street, entered a guilty plea at the end of August to felony DWI and aggravated unlicensed operation. On Aug. 1, Rumble led cops from Avon and deputies from Genesee County on a high-speed chase until he ran out of gas and was taken into custody by a Le Roy police officer.

Defense attorney William Tedford described Rumble as the nicest client he has represented.

He's a nice guy who makes poor decisions when he drinks," Tedford said.

"I have no reason to think you’re not a nice guy, but as people in court have heard me say 100 times, if you get killed by a drunk driver it doesn’t matter if it's Mother Teresa or Charles Manson at the wheel," Noonan said.

"You're lucky you're not standing here responsible for the deaths of other people or buried in the ground yourself. This conduct is way beyond anything that’s acceptable in this society."

Assistant District Attorney Melissa Cianfrini argued for a stiff prison sentence.

"It was a dangerous situation," Cianfrini said. "He only stopped when he ran out of gas. He didn't stop voluntarily. He then ran into a hedgerow, further hampering law enforcement."

As for a statement to Noonan, Rumble apologized.

I respect whatever sentence you give me," Rumble said, then hung his head. "And that’s it."

Rumble will also be required to pay a $2,000 fine and have an interlock-ignition device on whatever vehicles he has access to upon his release from prison.

Previously: Batavia man allegedly tried to outrun law enforcement, until he ran out of gas

Gena Lorane Ellis, 24, of West Ridge Road, Brockport, is charged with petit larceny. Ellis is accused of stealing $124.13 worth of merchandise from Target by hiding the items under her child in her shopping cart.

Amanda Darlene Clemons, 26, of Ridge Road, Holley, is charged with petit larceny. Clemons is accused of trying to steal $211.86 worth of clothing, boots and other merchandise from Target by hiding the items under a blanket in her shopping cart.

David M. Saylor, 26, of 9431 Summit St. Road, Le Roy, is charged with DWI, aggravated DWI with a BAC of .18 or greater, failure to keep right, no seat belt and unsafe tires. Saylor was allegedly involved in an accident on North Street. He is accused of striking a parked car at 12:26 a.m. and causing significant damage to both vehicles.

A drug investigation that began five months ago in Orleans County led to a search of three Genesee County dwellings Tuesday and the arrest of a Batavia man.

Taken into custody was Edgar Perez, 25, of 110 Jackson St., upper. Perez was arraigned in the Town of Barre Court and jailed in Orleans County on $100,000 bail.

In all, four search warrants were executed by law enforcement Tuesday, including one on a car stopped in Barre where investigators reportedly uncovered eight pounds of marijuana.

Perez was reportedly driving the car.

Search warrants were also executed at 110 Jackson St., Batavia and 32 and 33 Sunset Parkway, Oakfield.

Additional suspects from Genesee County are still being sought according to Orleans County investigator Joe Sacco.

Sacco said Tuesday's arrest and searches were unrelated to another recent drug investigation in Orleans County that grabbed regional media attention.

In the raids, investigators reportedly seized some quantity of marijuana, scales, packaging material and other drug paraphenalia at each search location.

Assisting Orleans County's Major Felony Crime Task Force was the Genesee County Local Drug Task Force and the City of Batavia's Emergency Response Team.

For the record, while we expected to receive a copy of a press release from Orleans County on this matter, we have not. This report combines our interview with Joe Sacco this afternoon and the press release published on WIVB's web site (click through for a picture, apparently, of the marijuana seized).