crime

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).

A woman claims that a man from Alabama entered her home without permission Tuesday and assaulted her and a friend.

Arrested and charged with burglary, 1st, was Glenn David Reuben, 47, of 7536 Sandhill Road, Alabama.

Reuben was jailed on $10,000 bail.

The woman, a Lockport Road resident, suffered a cut on her face that required stitches.

The alleged assault occurred at 10:30 a.m.

The Local Drug Enforcement Task Force raided the upper apartment at 110 Jackson St., Batavia, at around 6:15 p.m.

All we know at this point is that the raid was not the only one conducted in Genesee County today.

Investigators were still on scene about two hours later conducting a search of the apartment.

Above, Lt. Chris Bourke of the Orleans County Sheriff's Office and his K-9 "Cliff."

A 41-year-old Covington man already facing charges out of the Town of Batavia for allegedly trying to pass himself off as a federal law enforcement agent was arrested by Le Roy Police on Monday on a similar charge.

Nikko C. Gambino, of Morrow Road, Convington, was arraigned in Le Roy Town Court and jailed on $750 on a charge of criminal impersonation, 2nd.

Gambino is accused of entering a Le Roy business some time in September allegedly dressed as a federal agent and directing an employee of that business to make a phone call under his pretend authority.

Three weeks ago, Gambino was arrested by the Sheriff's Office for allegedly attempting the same ruse in Walmart. A search of his residence reportedly found articles of clothing with law enforcement markings and a metal badge.

Chief Deputy Jerome Brewster said it isn't really clear why Gambino has allegedly attempted to enter retail outlets and pass himself off as a federal agent.

"He's refusing to talk, but we we think it is some sort of diversion," Brewster said. "He wants to draw attention to himself while his accomplice attempts to steal something. We haven't been able to confirm that with surveillance tapes and nothing has been reported stolen. At this point, it's just a guess."

On the arrest out of the Town of Batavia, Gambino was charged with two counts of criminal impersonation, 2nd, and one count of falsely reporting an incident.

He was initially jailed on $5,000 bail.

Brett Myers Blair, 26, of South Lyon Street, Batavia, is charged with criminal trespass and petit larceny. Blair is accused of attemping to steal a 50" plasma television from Kmart. Blair was allegedly observed by Kmart personnel wandering around the back stock room of the store without authorization. (Initial Report)

Matthew S. Flannery, 20, of Lymn Road, Byron, is charged with leaving the scene of a property damage accident. James C. Wilcox, 41, of South Lake Street, Bergen, is charged with obstructing governmental administration, 2nd. Flannery and Wilcox were arrested following an investigation into a property damage accident at 6:04 p.m., Sept. 25 in the area of 10 Munger St., Bergen. Wilcox is accused of interfering with Bergen Fire Department personnel prior to the arrival of law enforcement and helping Flannery allegedly flee the scene of the accident. Flannery's 2005 Saturn reportedly struck a utility pole. (Initial Report)

Barry Lamont Posey, 18, of Holland Avenue, Batavia, is charged with petit larceny.  Posey is accused of removing items from packaging and hiding the items on his body with the intent of leaving Target without paying for the merchandise.

Gordy Abiola Akinpeia, 18, of Lincoln Avenue, Brooklyn, is charged with petit larceny. Akinpeia is accused of stealing merchandise from Target.

Cassandra Kay Dembik, 18, of Pratt Road, Batavia, is charged with harassment, 2nd. Dembik is accused of getting into a fight with another person at 3221 Pratt Road, Batavia, at 6:15 p.m., Monday.

Douglas D. Sprague, 19, of Bergen, is charged with criminal possession of a weapon, 4th. Sprague was arrested at 11:57 p.m., Sunday, by State Police in Bergen Park. The State Police blotter item lists the type of weapon only as "gun." No further details were released.

Le Roy Police say a 37-year-old Leicester woman stole from her employer earlier this year by creating forged cash cards.

Deanna L. Leach, of 5576 Gibsonville Road, Leicester, faces 11 felony counts of forgery, 2nd.

Det. John Condidorio said Leach allegedly altered 11 cash cards worth $50 each while employed as a manager at the business. Leach reportedly failed to log the cards in order to cover up her alleged crime.

A man who reportedly tried to steal a television from Kmart has fled on foot and was last spotted running behind Jerry Arena's Pizzaria.

The subject is described as white male, wearing a brown and white hat, brown sweater and blue jeans.

The suspect fled Kmart, leaving the TV on Kmart's property.

Multiple law enforcement units are responding to the area.

UPDATE: Before we could even get this published, the suspect was caught on West Main Street.

An Attica man with two prior DWI convictions was allegedly found driving drunk with children in his car on East Main Street in Batavia last night.

Taken into custody on $25,000 bail and charged with a felony under Leandra's Law was 40-year-old Roland J. Reed, of Exchange Street, Attica.

Reed reportedly had a 2-year-old and an 8-month-old in the car when he was stopped at 11:24 p.m. in the area of 505 East Main St., Batavia, by Deputy Christopher Parker.

Besides a felony DWI and the Leandra's Law felony charge, Reed is charged with aggravated unlicensed operation, unlawful possession of marijuana, unlicensed operation, moving from lane unsafely and refusal to take a breath test.

The children's mother was reportedly a passenger in the vehicle.

Austin W. Smith, 24, of Batavia, is charged with DWI and aggravated DWI. Smith was reportedly involved in an accident at 8:24 p.m., Saturday, on Route 262, Town of Elba. The accident was investigated by State Police. (initial report)

Steven M. Keaton, 38, of 50 Gilbert St., Le Roy, is charged with three counts of criminal contempt, 2nd. Keaton is accused of violating an order of protection by being with the protected person on three different occasions.

Cassandra Kay Dembik, 18, of Pratt Road, Batavia, is charged with unlawfully dealing with a child. Dembik is accused of hosting an underage drinking party.

Lawrence Joseph Owczarczak, 55, of West Point Drive, East Amherst, is charged with harassment, 2nd. Owczarczak is accused of grabbing a young man by the arm on Friday evening.

David N. Taplin, 33, of 16 Skyline Circle, Brockport, is charged with criminal contempt, 2nd. Taplin reportedly turned himself in at Batavia Police headquarters in regard to a bench warrant.

Jerry T. Saddler Jr., of 112 State St., Batavia, is charged with criminal contempt, 2nd. Saddler is accused of violating an order of protection by allegedly contacting a woman he was barred from contacting.

Gregory Seppe, 52, with no permanent address, is charged with criminal trespass, 2nd. Seppe is accused of entering a dwelling on Columbia Avenue without permission. Seppe was jailed on $1,000 bail.

Nicholas A. Antonucci, 23, of 4192 Broadway Road, Alexander, is charged with disorderly conduct and unlawful possession of marijuana. Antonucci is accused of repeatedly shouting obscenities at 10:45 p.m., Friday, while in a parking lot at 214 E. Main St., Batavia.

Jodi L. Reed, 38, of 7428 Pearl St. Road, Oakfield, is charged with possession of a forged instrucment, 2nd, and petit larceny. Reed is accused of passing a forged check at a local bank on Aug. 3.

William George Horner, 59, of Bank Street Road, Batavia, is charged with theft of services and harassment, 2nd. He is accused of refusing to pay a driver of Batavia Cab Company following a taxi ride and then allegedly punching the driver. The alleged incident occurred at 2:40 a.m. in the area of 8013 Bank St. Road.

John M. Parker, 58, of 1302 Phelps Road, Pembroke, is charged with felony DWI, driving with a BAC of .18 or higher, driving with no headlight, failure to use turn signal, no seat belt and avoiding traffic device or intersection. Parker was stopped at 10:26 p.m., Tuesday, by Officer Richard Retzlaff of the Corfu Police Department on Route 33 just east of the village. Parker was allegedly found to have a BAC of .21.

Nadine M. Jackson, 48, of Le Roy, is charged with grand larceny, 3rd. Jackson was arrested by State Police for an alleged crime reported at 9:05 a.m., Aug. 15. No further details were released.

Willie Lamar Ervin, 18, of Bonica Street, Rochester, is charged with unlawfully dealing with fireworks. Deputy Brian Thompson responded to a report of M88 type fireworks being set off in the parking lot of College Village at 3:15 a.m., Sunday. Ervin was issued an appearance ticket. Also charged was Jerrod Malcolm Scott, 18, of Ridgeway Avenue, Rochester, and Armekco Davante Austin, 18, of Terrace Park, Rochester.

Anthony Willie Wagner, 19, of Bruce Street, Syracuse, is charged with unlawful possession of marijuana. Wagner was at 4:49 a.m., Sunday, following an investigation into a report of fireworks being set off in the College Village parking lot.

Clark Tyrell Canty, 20, of Lenox Street, Rochester, is charged with unlawful possession of marijuana. Canty was arrested by Deputy Brian Thompson at 11:12 p.m., Sept. 29, following a report of the strong odor of marijuana coming from a van parked in the parking lot of College Village.

Kimberly Ann Doyle, 20, of Watson Street, Batavia, is charged with unlawful possession of marijuana. Doyle was stopped at 1:04 a.m., Sept. 30, by Deputy Brian Thompson at College Village after dropping off a resident there. Doyle was allegedly spotted with a banned person in her vehicle. Upon investigation, with the assistance of K-9 "Jay," Doyle was allegedly found in possession of marijuana.

Ashley Evette Mercado, 20, of Watson St., Batavia, is charged with trespass. Mercado was arrested at 1:04 a.m., Sept. 30, by Deputy Brian Thompson for allegedly entering College Village and remaining there in violation of an alleged ban on her presence at College Village.

Sharnice Shantell Gibson, 18, of Wood Street, Batavia, is charged with criminal trespass, 3rd. Gibson is accused of being on Walmart property at 11:04 p.m., July 23, in violation of a ban against her being on Walmart property. Gibson was issued an appearance ticket to be arraigned in Town of Batavia Court on Oct. 21.

Tyrone N. Thigpen, 33, of 9 South Lyon St., Batavia, and Robert L. Williams Jr., 20, of 25 Harvester Ave., Batavia, are charged with disorderly conduct. Thigpen and Williams are accused of fighting on Pringle Avenue at 3:10 a.m., Saturday.

Paul D. Barth Jr., 19, of Cohocton Road, Pembroke, is charged with petit larceny. Barth is accused of stealing merchandise while employed at Kmart. The alleged thefts occurred between July through September.

Lynn Ann Hertweck, 42, of Reed Road, Churchville, is charged with a felony count of DWI, aggravated DWI (driving with a BAC of .18 or greater) and improper left turn. Hertweck was stopped in the area of 30 Hunter St., Bergen, at 1:54 a.m., Sunday, by Deputy Howard Carlson.

Richard J. Kubus, 30, of 25 Vine St., Batavia, is charged with petit larceny. Kubus is accused of attempting to steal a grocery cart full of merchandise from Tops Market in Le Roy. The total value is reportedly $401.69.

Trevor D. Cliff, 19, of Avon, is charged with unlawful possession of marijuana, operating a motor vehicle without an inspection certificate and speeding. Cliff was stopped by State Police at 8:28 p.m., Saturday, on Townline Road in Alabama.

Donald I. Wagner, 61, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater and failure to use designated lane. Wagner was stopped by State Police at 10:55 p.m. on Court Road, Covington.

A 17-year-old from Attica is accused of petit larceny from a location in Alexander. The youth was arrested by State Police at 1:39 p.m., Thursday. No further details released.

Follow up to an accident we reported Friday: Injured, Nikkolas M. Bruner, 52, of Basom.

Follow up to "wanted" post for Deborah Compton: Compton was taken into custody Saturday at her residence and released on $1,500 bail.

From the files of unsolved murders and mysterious deaths:

Bill Fickel, 2005: Chief Deputy Jerome Brewster believes he has a suspect, but needs more evidence to make a case. Brewster is looking for a second person he believes was outside Fickel's Oakfield home when Fickel was shot to death. Brewster's potential suspect is Steven Patrick Rebert, a former Oakfield resident who is a suspect in a double homicide in Pennsylvania. Brewster is hoping the second person will come forward and provide the additional information investigators may need to make the case.

"If we're going to get a conviction, we need more than a belief that this is the person who did it," Brewster said.

Kisha Sullivan, 2002: We spoke with Brewster about the Sullivan case in July, and Brewster said the eight-year-old cold case had recently become active He said there was a person identified who could be Sullivan's killer. Not much has changed since July. There is a man in Rochester that Brewster suspects killed Sullivan. He has reportedly told associates he did it, but nobody will come forward and help investigators put together a solid case. "Everybody is afraid of him," Brewster said. The Rochester police are aware of the suspect and the investigation and doing what they can to help.

Deborah Maniace, August 2010: Maniace's body was found next to the train tracks under the Route 33 bridge in Stafford. We asked Brewster about rumors that Maniace had information about meth dealing in Batavia and that this may be tied to her death. He laughed and said, "(Rumors) are just that." The rumors were checked out, Brewster said, and came to nothing. As recently as last week, investigators questioned Maniace's boyfriend, whom Brewster described as cooperative and somebody investigators are still looking at.

An individual was arrested on Main Street a few minutes ago. He was apparently wanted on a warrant out of Wyoming County. There is no further information available at this time, and Officer Eric Hill said the department does not usually put out press releases on out-of-county arrest warrants, so there may be no further information available.

Adam W. McGill, 32, of Medina, is charged with criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia (scales), 2nd, and unlawful possession of marijuana. McGill was arrested by State Police in the Town of Batavia at 10 p.m., Wednesday. Arrested at the same time and charged with criminal possession of a controlled substance (cocaine), 5th, was Dianne M. Gallegher, 41, of Shelby.

Ann K. Pokornowski, 50, of 520 Ellicott St., Batavia, is charged with criminal mischief, 4th. Lauren K. Pellegrino, 28, of 129 Jackson St., Batavia, is charged with harassment, 2nd. Pokornowski and Pellegrino are suspected of becoming involved in a dispute over a mobile phone. Pokornowski allegedly damaged Pellegrino's phone and Pellegrino allegedly pushed Pokornowski.

Donald F. Stillwagon II, 25, of 142 Pearl St., Batavia, is charged with felony assault, 2nd, obstructing governmental administration and harassment, 2nd. This list of charges is a correction issued by Batavia PD on a report from yesterday.

David W. Wells, 21, of Bergen, is charged with DWI, aggravated unlicensed operation, moving from lane unsafely, failure to stay in designated lane, speed in excess of conditions, violation of a conditional license. Wells was arrested by State Police at Strong Memorial Hospital for the alleged violations that reportedly occurred at 2:26 a.m., Sept. 17, in the Town of Byron. No further details were released.

When 25-year-old Ronald J. Wendt, convicted Monday of aggravated vehicular homicide and 10 other charges, is sentenced Nov. 15, Genesee County Judge Robert C. Noonan will have a range of sentencing options.

Under statute, each felony and misdemeanor carries its own sentencing guidelines, but all of the sentences will likely be served concurrently.

Here are the charges and sentencing options:

1. Driving While Intoxicated as a misdemeanor: 1 year maximum;
2. Driving While Intoxicated, per se, as a misdemeanor (i.e., driving with a BAC of .08 or greater): 1 year maximum;
3. Vehicular Manslaughter, 2nd, a Class D felony: 1 to 3 years, minimum; 2 1/3 to 7 maximum;
4. Aggravated Vehicular Homicide, a Class B felony (referred to as the "top count"): 1 to 3 minimum, 8 1/3 to 25 years maximum;
5. Manslaughter, 2nd, a Class C felony: 1 to 3 minimum, 5 to 15 maximum;
6. Vehicular assault, 2nd, a Class E felony: 1 to 3 minimum, 1 1/3 to 4 years maximum;
7. Aggravated Vehicular Assault, a Class C felony: 1 to 3 minimum, 5 to 15 maximum;
8. Assault, 2nd, a Class D felony: Minimum 2 years, maximum 7 years;
9. Vehicular Assault, 2nd, a Class E felony: 1 to 3 minimum, 1 1/3 to 4 years maximum;
10. Assault, 2nd, a Class D felony: Minimum 2 years, maximum 7 years;
11. Assault, 3rd, a misdemeanor: 1 year maximum.

On a count like aggravated vehicular manslaughter, Noonan could pick the one to three range, and it would mean Wendt would be eligible for parole after one year. If Noonan gave Wendt the maximum under that charge, Wendt would be eligible for parole after eight-and-one-third years. He couldn't serve more than 25 years.

Noonan could also set a range within the minimum and maximum.

Given that Count #8 and Count #10 carry minimum two year sentences, Wendt would have to serve at least two years in prison, even if Noonan picked a lower range on the higher class felonies.

Some key cases that have come before Noonan for sentencing in the past year:

• Scott F. Doll, convicted of beating to death Joseph Benaquist: Doll received 15 years to life. Noonan could have sent Doll to jail for 25 years to life, but said it didn't seem right to lock Doll up for the rest of his life when younger men convicted of the same crime would be getting out of jail in their 50s.
• Thomas Wallace, who admitted to watching porn while driving his truck just as he plowed into a disabled car on the Thruway, killing an Amherst mother, received a three to nine year prison term.
• Dennis M. Abrams, the mastermind of robbing an M&T Bank branch in Elba, where he and his accomplices terrorized the tellers, received a 13 1/2 year sentence.

UPDATED: 2:43 p.m.

Shortly before 2 p.m., Batavia police descended upon South Beach restaurant downtown after receiving a call that a patron suspected of attempting to steal food had trashed the lunch buffet.

Suzanne Corona, 41, the woman who made headlines a few months ago for having sexual conduct with a man at a local park, leading to a rare charge of adultery, was allegedly observed filling baggies in her purse with food items from the lunch buffet.

Louie Kingsbury, an employee of South Beach owner Ken Mistler, was summoned to the restaurant and he confronted Corona.

He said at first Corona denied taking anything and started showing him empty pockets in her purse, but then food allegedly fell out of the main compartment.

"At that point, I gave her two choices," Kingsbury said. "Either you can pay extra for the food, or I'm calling the cops. She got unruly, so I said I was calling the cops."

Then, Kingsbury said, Corona allegedly started to dump the baggies full of food back into the buffet, so he had to try to restrain her.

In the tussle, according to Kingsbury, Corona fell over a chair.

Mistler had to have all of the food in the buffet dumped out. Police asked for a retail estimate of the food's value.

Corona reportedly came into the restaurant with another woman and they sat at a booth, but did not order any food before Corona approach the buffet. The other woman is not believed to have been involved.

Officer Ed Mileham said Corona has not yet been arrested, but charges are pending.

Mercy EMS was called to the scene. Corona reportedly complained of back pain. She was seen holding the back of her head and neck. She was transported to UMMC.

Howard Owens contributed to this story.

A Pearl Street resident was jailed without bail last night after allegedly biting a Batavia Police officer on his arm.

The officer, Sgt. John Peck, was treated and released at UMMC.

Charged with assault, 2nd, and resisting arrest was Donald F. Stillwagon II, 25, of 142 Pearl St., Batavia. (Charges modified to: felony assault 2nd, obstructinog governmental administration and harassment 2nd.)

The incident began at 10:13 p.m. with a report of a family domestic problem at that address. Stillwagon was reportedly involved in a fight with another family member and at one time was allegedly choking the other family member. He was then restrained by a family member when police arrived.

Peck attempted to arrest Stillwagon, which is when the suspect allegedly bit Peck, causing a pretty deep cut, according to Detective Pat Corona.

Police have recently responded to other calls at this residence, Corona said.

The incident remains under investigation and additional charges may be pending.

Sheriff's deputies and state troopers assisted in the incident.

A Batavia Police officer was reportedly bit on the arm after responding to a reported fight at 142 Pearl St.

The incident originated as a 9-1-1 call from a female who said two people were fighting (we think, two men). One of the subjects was reportedly on top of the other at one point choking him.

A short time after police arrived, an officer requested an ambulance for a reported injury to a police officer.

Mercy EMS is in route.