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February 15, 2019 - 2:33pm
posted by Billie Owens in news, crime, batavia, notify.

The Batavia Police Department has arrested a 17-year-old in connection with the burglaries which occurred over the weekend of Jan. 4th.

The 17-year-old was arrested on Feb. 13 on a Grand Jury indictment warrant for four counts of third-degree burglary, a Class D felony.

The suspect was put in Genesee County Jail on $15,000 bail pending a bail review.

During the weekend of Jan. 4th– 7th, the Batavia Police Department investigated nine burglaries, which includes attempted burglaries, to local businesses. The areas where the burglaries took place are Ellicott Street and Jackson Street, Harvester Avenue, Swan Street, Center Street, Apollo Drive and Liberty Street.

The suspects broke windows or kicked in doors to gain entry at most of the businesses. Items were taken at some of the businesses but not all. The suspects stole a white 1998 Dodge RAM 2500 diesel pickup truck from one of the businesses, but it has since been recovered.

Evidence was located at the scenes which appeared to indicate the burglaries were committed by the same suspects. Parolee Christopher T. Sprague had been previously arrested in connection with the burglaries.

No additional arrests are expected at this time.

Anyone with information in reference to the case may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online here.

February 15, 2019 - 2:23pm
posted by Howard B. Owens in warrants, crime, news, notify.
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Harmony J. Alexander, 22, black female, 5’2” 120 lbs., Brown/Black hair, brown eyes. Last known address, Lark Street, Rochester.

Arrest warrant for alleged grand larceny 4th (felony) PL 155.30-1 and conspiracy 5th PL 105.05-1 (misdemeanor) Batavia Town Court. Date of warrant: 1/25/19.

Duty E. Caswell, 27, white male, 6’3” 160 lbs., blond hair, blue eyes. Last known address, Cary Avenue, Oakfield.

Bench warrant for alleged aggravated DWI/DWI VTL 1192-2aa/1192-3 (misdemeanor) Oakfield Town Court. Date of warrant: 12/5/17

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Oakfield Town Court. Date of warrant:  1/26/18

Bench warrant for alleged violation of probation (misdemeanor) Pembroke Town Court. Date of warrant: 12/14/17

Erica M. Raphael, 34, white female, 5’3” 115 lbs., brown hair, blue eyes. Last known address, Pratt Road, Batavia.

Bench warrant for alleged petit larceny PL 155.25 (misdemeanor) Batavia Town Court. Date of warrant: 9/24/18

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Batavia Town Court. Date of warrant: 10/29/18

 

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Benjamin J. Skubis, 24, white male, 5’11” 140 lbs., brown hair, brown eyes. Last known address, Colby Road, Darien.

Bench warrant for alleged DWI VTL 1192-2/1192-3 (misdemeanor) Alabama Town Court. Date of warrant:  6/13/18

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Alabama Town Court. Date of warrant: 2/5/19

 

Lorrie J. Shanley, 48, white female, 5’6” 230 lbs., blond hair, brown eyes. Last known address: Chili Avenue, Churchville.

Bench warrant for alleged aggravated unlicensed operation 2nd VTL 511-2a4 (misdemeanor) Stafford Town Court. Date of warrant: 1/10/19

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Stafford Town Court. Date of warrant: 1/29/19

Tanisha L. Mack, 39, black female, 5’3” 110 lbs., brown hair, brown eyes. Last known address: Eastman Avenue, Rochester.

Bench warrant for alleged aggravated unlicensed operation 3rd VTL 511-1a (misdemeanor) Pembroke Town Court. Date of warrant: 5/11/18

Arrest warrant for alleged bail jumping 3rd PL 215.55 (misdemeanor) Pembroke Town Court. Date of warrant: 6/13/18

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

February 14, 2019 - 2:30pm
posted by Billie Owens in crime, batavia, news, notify.
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Trevon R. Slaughter    Edwin S. Coleman

Trevon R. Slaughter, 20, of Affinity Lane, Rochester, is charged with: two counts of criminal sale of a controlled substance in the third degree, a Class B felony; and two counts of criminal possession of a controlled substance in the third degree, a Class B felony. Slaughter was arrested on Saturday evening, Feb. 9, after a six-month investigation into the possession, transportation and sale of crack cocaine in and around the City of Batavia. It is alleged that Slaughter sold a quantity of crack cocaine to an agent of the Genesee County Local Drug Task Force on two separate occasions. He was arraigned in Genesee County Court and put in Genesee County Jail with bail set at $25,000 cash or $50,000 bond. The task force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. The task force members were assisted by the GC District Attorney's Office.

Edwin S. Coleman, 52, of Wilson Street, Rochester, is charged with: two counts of criminal sale of a controlled substance in the third degree, a Class B felony; and two counts of criminal possession of a controlled substance in the third degree, a Class B felony. Coleman was arrested on Tuesday afternoon, Feb. 12, after a six-month investigation into the possession, transportation and sale of crack cocaine in and around Genesee County. It is alleged that Coleman sold a quantity of crack cocaine to an agent of the Genesee County Local Drug Task Force on two separate occasions. He was arraigned in Genesee County Court and released under the supervision of Genesee Justice. The task force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. The task force members were assisted by the GC District Attorney's Office.

Nicholas Edmond Kabalan, 21, of Batavia Bethany Townline Road, Bethany, is charged with: driving while intoxicated; operating a motor vehicle with a BAC of .08 percent or more; unlawful possession of marijuana; speed not reasonable and prudent; and drinking and possessing an open container of alcohol in a motor vehicle. On Feb. 13 at 11:05 p.m. Sheriff's deputies responded to a property damage accident on Route 98 in the Town of Elba and Kabalan was subsequently arrested on these charges. He was issued appearance tickets and is due in Elba Town Court on March 20. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Joshua Brabon.

February 12, 2019 - 3:48pm
posted by Billie Owens in crime, news, notify, Le Roy, batavia, bergen.

Scott J. Hinze, 52, a registered sex offender who lives on West Main Street Road, Batavia, is charged with failure to report a change of address within 10 days -- a felony, and falsifying business records in the first degree, also a felony. On Feb. 11 at about 11:20 p.m. Hinze was arrested after an investigation. He allegedly failed to register his address change as a sex offender within 10 days to the NYS Division of Criminal Justice Sex Offender Registry. Hinze also allegedly falsified a sex offender address change document at the Genesee County Jail in the City of Batavia. He was issued an appearance ticket for Town of Batavia Court and is due there March 4. On the charge of falsifying a business record document at the jail, he was issued an appearance ticket for March 5 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Erik B. Andre.

Aaron L. Heale, 37, of 25 N. Lake Ave., Bergen, was arrested on Feb. 11 by the Le Roy Police Department and charged with one count of criminal possession of a hypodermic instrument, a Class A misdemeanor. The charge comes after a complaint on Feb. 5 from a local car wash that Heale was allegedly slumped over at the wheel of his car in the wash bay. When the Le Roy police found Heale, who is on parole, he was allegedly slumped over at the wheel and awoken by the officers. During the investigation it was alleged that Heale unlawfully possessed the hypodermic syringe inside the vehicle. Heale, who is currently in Genesee County Jail on an alleged parole violation, was issued an appearance ticket and is due in Le Roy Town Court on March 14.

Jeffery J. Williams, 25, of 25 Ravine Ave., Rochester, was arrested on Feb. 10 by the Le Roy Police Department and charged with two counts of petit larceny and three counts of attempted petit larceny. The charges are based from an investigation which started on Nov. 11 when it was reported that numerous vehicles in the Bacon/Pleasant Street area were entered and items allegedly stolen. During the investigation, it was determined that Williams was visiting a person in Le Roy when he allegedly entered at least five different vehicles during the early morning hours, stealing items from two of the vehicles and ransacking three others looking for items to steal. Williams was issued an appearance ticket to be in Le Roy Town Court on March 5.

February 11, 2019 - 4:24pm
posted by Billie Owens in crime, news, notify, Batavia PD, warrants.

From the City of Batavia Police Department:

The following people are wanted on warrants issued out of Batavia City Court. If you have any information on the whereaboute of these subjects, please contact the Batavia Police Department at (585) 345-6350.

Do not make any attempt to apprehend these individuals on your own.

If you have an active warrant and want to avoid ending up on a WANTED list like this, the Batavia Police Department would be more than happy to assist you on resolving the warrant.

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Ahdeosun "Nunu" Aiken, 20

Charges(s): Second-degree criminal contempt.

Notes: Wanted for allegedly violating an order of protection. Additional pending charge of third-degree bail jumping.

Nicole Casey, 25

Charge(s): Petit larceny

Notes: Wanted for allegedly shoplifting.

Heyward Clark Jr., 54

Charge(s): Multiple counts of third-degree burglary.

Notes: Wanted for allegedly forcefully breaking into several properties and stealing property.

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Aisha Culver, 20

Charge(s): Aggravated unlicensed operator
of a motor vehicle
in the third degree; operating with suspended registration; operating without inspection "and additional."

Carey Culverhouse, 59

Charge(s): First-degree assault

Notes: Wanted for allegedly stabbing another person.

Allen Jerome Davis, 37

Charge(s): Sex offender registry

Notes: Wanted for allegedly moving out of his registered address without notice and without providing a new address.

February 8, 2019 - 11:00am
posted by Howard B. Owens in crime, news, notify, warrants.
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Tonya L. Buzzell, AKA Tonya L. Bennett. 36, white female, 5’ 5” 150 lbs., brown hair, brown eyes. Last known address Liberty Street, Batavia, NY

Four Active Warrants:

Bench Warrant for alleged False Personation PL 190.23 Batavia City Court. Warrant issued 3/23/18

Arrest Warrant for alleged Violation of Family Court Act Genesee County Family Court. Warrant issued  3/29/18

Bench Warrant for alleged Criminal Possession of a Controlled Substance 7th Batavia City Court. Warrant issued  5/9/18

Arrest Warrant for alleged Bail Jumping 3rd PL 215.55 Batavia City Court. Warrant issued 6/14/18

Steven D. Fronczak, 61, white male, 5’7” 190 lbs., blond hair green eyes. Last known address Oatka Road, Perry, NY

Two Active Warrants:

Bench Warrant for alleged Aggravated Felony DWI  VTL 1192-2aa Genesee County Court. Warrant issued 10/29/18

Arrest Warrant for alleged Felony Bail Jumping 2nd   PL 215.56  Batavia City Court. Warrant issued 1/23/19

Ralph A. Burdick, 43, white male, 6’ 1” 185 lbs., brown hair, blue eyes. Last known address Clinton Street Road, Bergen, NY

Two Active Warrants:

Bench Warrant for alleged Petit Larceny PL 155.25  Batavia Town Court. Warrant issued 10/9/18

Arrest Warrant for alleged Bail Jumping 3rd PL 215.55 Batavia Town Court. Warrant issued 11/19/18

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Michael S. Ryan, 59, 5’ 10” 218 lbs., white male, blond hair, brown eyes. Last known address Bank Street, Batavia, NY

Warrants: 

Bench Warrant for alleged Criminal Possession of Stolen Property 4th  PL 165.45-2  Felony Genesee County Cour. Warrant issued 2/27/18.

Jeanine D. Fuller, 32, white female, 5’7” 160 lbs., blond hair, brown eyes. Last known address Bank Street, Rochester, NY

Four active warrants:

Bench Warrant for alleged Petit Larceny PL 155.25 and Conspiracy 6th PL 105.00  Batavia Town Court. Warrant issued 9/18/18

Arrest Warrant for alleged Conspiracy 6th PL 105.00 Batavia Town Court. Warrant issued 9/26/18

Arrest Warrant for alleged Conspiracy 5th PL 105.05 Batavia Town Court. Warrant issued 9/28/18

Arrest Warrant for alleged Bail Jumping 3rd PL 215.55 Batavia Town Court. Warrant issued 10/13/18

If you are able to assist the Sheriff's Office in locating these people, the Sheriff's Office asks that you do not approach these people and that you call (585) 343-5000 with information that may assist in locating the suspects.

February 7, 2019 - 4:49pm
posted by Billie Owens in news, notify, batavia, crime.

Heidi L. Harder, of Montclair Avenue, Batavia, is charged with petit larceny. She was arrested following a shoplifting investigation into an incident at 2:19 a.m. on Feb. 6 at Tops Friendly Market in Batavia. She was issued an appearance ticket to be in Batavia City Court on Feb. 12. The case was handled by Batavia Police Officer Peter Flanagan.

Paul Kittisack, 53, of South Main Street Road, Batavia, is charged with petit larceny. He was arrested at 4:30 p.m. on Feb. 6 after he allegedly shoplifted from Tops Friendly Market on West Main Street in Batavia. He was issued an appearance ticket to be in Batavia City Court on Feb. 19. The case was handled by Batavia Police Officer Stephen Cronmiller.

February 6, 2019 - 1:06pm
posted by Billie Owens in news, notify, crime, batavia, Pavilion.

Edward Ryan Loper, 30, of West Bank Street, Albion, is charged with fourth-degree grand larceny and misapplication of property. Loper was arrested on Feb. 5 and arraigned at 3:41 p.m. in Pavilion Town Court. His arrest follows an investigation by the Genesee County Sheriff's Office into an incident that took place on Hartwell Road in Pavilion on Sept. 23. Loper allegedly stole property from an individual with a value in excess of $1,000. Loper also is accused of misapplication of property that belonged to the same individual. He was brought in from Orleans County Jail, where he was incarcerated on an unrelated charge, for the arraignment. Loper was subsequently put back in Orleans County Jail and bail was set for Genesee County Jail for $5,000 cash or $10,000 bond. He is to reappear in Town of Pavilion Court on March 5. The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Deputy Kevin Forsyth.

James Albert Chase, 39, of Oak Street, Batavia, is registered Level 3 sex offender who is on parole. He is charged with failure to report a change within 10 days -- with a previous conviction for the same offense. Under NYS Penal Law COR 168-F subdivision 4: An offender has 10 calender days to register "...any change of address, Internet accounts with Internet access providers belonging to such offender, Internet identifiers that such offender uses, or his or her status of enrollment, attendance, employment or residence at any institution of higher education." Chase was being held on a parole violation in Genesee County Jail at the time of his arrest on Feb. 4. He was arraigned then jailed without bail. He is due in Batavia City Court tomorrow (Feb. 7). The case was handled by Batavia Police Det. Eric Hill.

Bryan Michael Beach, 35, of Dolbeer Street, Perry, is charged with first-degree criminal contempt, second-degree harassment and aggravated unlicensed operation in the second degree. He was arrested on Feb. 5 for allegedly shoving a person at 5:20 p.m. on Feb. 3 on Lewiston Road in Batavia, in violation of an active order of protection. The case was handled by Genesee County Sheriff's Deputy James Stack.

Hayley N. Giles, 21, of Hutchins Street, Batavia, is charged with second-degree harassment. Giles was arrested at 12:58 p.,m. on Feb. 3 following an investigation of a domestic incident involving siblings. Giles are released on an appearance ticket. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Ivison.

Jonathan A. Bell, 34, of Evans Street, Batavia, is charged with: driving while intoxicated -- common law; failure to stop at stop sign; refusal to take a breath test; unlicensed operation; and aggravated unlicensed operation in the third degree. Bell was arrested at 11:12 p.m. Feb. 4 on Washington Avenue in Batavia after being involved in a one-vehicle crash. He was processed and released with traffic tickets and is due in Batavia City Court on Feb. 12. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Nicole McGinnis.

Eric K. Ricks, 40, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. He was arrested at 5:30 p.m. on Feb. 1 on Thomas Avenue in Batavia after Batavia police were called to a residence for an altercation. At that time, he was allegedly found to be in possession of marijuana. Ricks was issued an appearance ticket for Batavia City Court Feb. 12. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Chad Richards.

February 5, 2019 - 2:43pm
posted by Billie Owens in news, notify, crime, Darien, alexander.
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Charles Cooper Joshua Cooper

Charles Elias Cooper, 35, of West Seneca Street, Lodi, and Joshua Dennis Cooper, 32, of Dunlap Road, Ovid, are charged with: soliciting without a permit; a scheme to defraud in the second degree; and 6th-degree conspiracy. In addition, Joshua Dennis Cooper is also charged with fourth-degree criminal mischief. At about 2:30 p.m. on Monday, Feb. 4, the Genesee County Sheriff's Office received a report of individuals trying to scam residents for driveway repair work on Alleghany Road (Route 77) in Darien. The investigation revealed that the defendants were allegedly performing work at a residence without the property owner's permission and then tried to charge the property owner multiple sums of money. The defendants were arrested and arraigned in Darien Town Court. The investigation was handled by Deputy Kevin McCarthy, Deputy Kevin Forsyth, Deputy Kyle Krzemien, and the NYS Police Commerical Motor Vehicle Unit.

Emily Elizabeth Dale, 27, of Water Street, Attica, is charged with: driving while intoxicated; unlicensed operation of a motor vehicle in the third degree; speed not reasonable and prudent; moving from lane unsafely; and unlicensed operator. Dale was arrested following an investigation into a motor vehicle accident on Maplewood Road in the Town of Alexander at 5:38 p.m on Feb. 1. Dale was allegedly operating her motor vehicle in an intoxicated state when she drove off the roadway. Her operating privileges were allegedly suspended at the time. She was taken to Strong Memorial Hospital for a mental health evaluation. She is due in Town of Alexander Court this afternoon (Feb. 5). The case was handled by Genesee County Sheriff's Deputy Michael Lute, assisted by Mathew Clor.

February 4, 2019 - 5:17pm
posted by Billie Owens in news, notify, crime, batavia, Le Roy.

John A. Snook is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Dec. 15 in the City of Batavia Snook intentionally violated a duly served order of protection by being in the presence of the protected party. In count two, Snook is accused of second-degree burglary, a Class C violent felony, for allegedly entering a dwelling unlawfully on Jackson Street. In Special Information filed by District Attorney Lawrence Friedman, Snook is accused of having been convicted of first-degree criminal contempt on Jan. 5, 2015 in Genesee County Court and that conviction was for violating a stay away family offense order of protection. It was also within five years previous to the crime alleged in the current indictment.

Matthew J. Arelline is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on Sept. 3 in the Town of Le Roy that Arelline drove a 2015 Mitsubishi on Route 19 while he was intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of DWI, as a misdemeanor. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17.

Kelicia M. Storey is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on Sept. 26 in the Town of Le Roy that Storey drove a 2015 Kia on Route 19 while intoxicated. In count two, she is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 percent or more at the time. In count three, Storey is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that she had three or more suspensions in effect at the time that were imposed on at least three separate dates: Sept. 27, 2015; Jan. 14, 2017; and Aug. 19, 2018.

February 4, 2019 - 12:13pm
posted by Billie Owens in crime, news, notify, batavia.

Kevin Michael Waleski, 31, of South Main Street, Batavia, is charged with second-degree harassment. At 3:24 a.m. on Jan. 27, Batavia police responded to an address on South Main Street in Batavia for a report of a disturbance. Waleski was subsequently issued an appearance ticket for second-degree harassment after he allegedly punched another person in the face. He is due in Batavia City Court on Feb. 5. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Brendan David Curry, 38, of Batavia-Elba Townline Road, Batavia, is charged with: driving while intoxicated, with a previous conviction within the last 10 years; DWI; and refusal to take a breath test. Curry was arrested on Feb. 1 at 1:10 a.m. following an investigation of a vehicle off the roadway on State Street Road in Batavia. He was arraigned in Town of Batavia Court and released under supervision. He is due in Town of Batavia Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Paul P. Parise, 49, of Kingsbury Avenue, Batavia, is charged with: driving while intoxicated; leaving the scene of a property damage accident; and aggravated DWI -- with a BAC of .18 percent or higher. Parise was arrested at 8:33 p.m. on Jan. 22 on Kingsbury Avenue following an accident wherein he allegedly drove while intoxicated and struck an unoccupied vehicle parked roadside then left the scene. He is due in Batavia City Court on Feb. 13. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Jason Davis.

Joey A. Evans, 28, of State Street, Batavia, is charged with trespassing. He was arrested at 5:35 p.m. on Jan. 29 at the JCPenney store in Batavia City Centre following an incident there. He had been told not to return following a previous incident. He is due in Batavia City Court on Feb. 5. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Chad Richards.

January 30, 2019 - 6:01pm
posted by Billie Owens in crime, news, Le Roy, batavia, elba, notify.

George F. Anderson, 38, of 61 Myrtle St., Le Roy, was arrested by the Le Roy Police Department on Jan. 29 and charged with one count of endangering the welfare of a child, a Class A misdemeanor. It is alleged that Anderson failed to exercise reasonable diligence in maintaining control of a 4-year-old child by failing to be aware that the child left the apartment for about 40 minutes and was found crying in the common area of the apartment with no shirt on. Anderson was issued an appearance ticket to appear in Le Roy Town Court at a later date.

Craig L. Fien Jr., 46, 17 Mill St., rear apartment, Le Roy, was arrested by the Le Roy Police Department on Jan. 29 and charged with one count each of criminal possession of stolen property in the fourth degree, a Class E felony, and fifth-degree conspiracy, a Class A misdemeanor. It is alleged that between September and January, Fien knowingly possessed stolen property consisting of one pump shotgun (color black), belonging to the victim and he allegedly refused to return the gun to the victim when the victim asked then demanded that he do so. Fien was arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Steven C. Kazmierczak, 34 of 92 Gilbert St., Le Roy, was arrested by the Le Roy Police Department on Jan. 17 and charged with one count of criminal possession of a weapon in the fourth degree, a Class A misdemeanor. It is alleged that during a Probation check of Kazmierczak's residence, he was found unlawfully in possession of a shotgun due to a prior felony conviction. Kazmierczak was issued an appearance ticket and released to answer the charge in Le Roy Town Court at a later date.

Juaquin E. Davis, 23, of Bank Street, Batavia, is charged with first degree criminal contempt. Davis was arrested at 2:20 p.m. on Thomas Avenue in Batavia after he allegedly violated a Batavia City Court order of protection. He allegedly did so by being in the presence of a protected party and engaging in a verbal altercation with that protected party. He was arrested and issued an appearance ticket for Feb. 5 in City Court. The case was handled by Batavia Police Officer Stephen Quider.

Alexander D. Kibler, 21, of School Street, Batavia, is charged with: speeding; driving while ability impaired by drugs; possession of alcohol in a motor vehicle; and aggravated unlicensed operation of a motor vehicle in the third degree. Kibler was arrested at 1:24 a.m. on Jan. 19 on Walnut Street in Batavia after Batavia police conducted a traffic stop on a gray 2014 Jeep. Police subsequently allegedly found Kibler impaired by marijuana. He was issued traffic tickets and is due in City Court on Feb. 6. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Dorothy Gray De Roque, 46, of Mechanic Street, Elba, is charged with: DWI -- first offense; refusal to take breath test; and speed exceeding posted 55 mph. De Roque was arrested at 2:23 a.m. on Jan. 27 on Ford Road in Elba. She was stopped for speeding and allegedly found to be intoxicated and failed to submit to a breath test. She was arraigned in Town of Batavia Court and released on her own recognizance. She is due in Elba Town Court on Feb. 27. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Erik Andre.

Taylor L. Finnin, 26, of East Main Street, Batavia, is charged with petit larceny and failure to appear. Finnin was arrested Jan. 26 on multiple arrest warrants after Batavia police were called to a South Main Street, Batavia, address on an unrelated matter. Finnin was arraigned in City Court and jailed in lieu of $1,000 cash bail or bond. Finnin is to return to court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

January 28, 2019 - 4:19pm
posted by Howard B. Owens in crime, batavia, news, notify.
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       Dale T. Young

A 38-year-old Ellicott Street resident has been indicted by a Genesee County Grand Jury on 10 criminal counts related to accusations that he forced a person less than 17 years old to engage in sexual activity.

The alleged crimes were first reported in October when Dale T. Young was arrested by Batavia PD and ordered held on $50,000 bail.

The counts against Young:

  • Endangering the welfare of a child. In July, Young allegedly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child.
  • Sexual abuse in the first degree. In July, Young allegedly subjected another person forcible sexual contact.
  • Criminal sexual act in the first degree. In July, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the third degree. In July, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the first degree. In July, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the first degree. In October, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the first degree. In October, Young allegedly forced oral sex on the victim.
  • Criminal sexual act in the third degree. In October, Young allegedly forced oral sex on the victim who was less than 17 years old.
  • Criminal sexual act in the third degree. In October, Young allegedly forced oral sex on the victim who was less than 17 years old.
  • Sexual abuse in the first degree. In October, Young allegedly subjected another person to forcible sexual contact.

Young is out of jail on bail.

January 28, 2019 - 1:35pm
posted by Howard B. Owens in crime, pembroke, news, notify.
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     Jacqueline Saeli

A 52-year-old Pembroke woman who started a fire that destroyed her ex-boyfriend's Harley-Davidson entered a guilty plea to attempted arson in the third degree, a Class D felony, this morning just before jury selection in her criminal trial.

Judge Charles Zambito said Jacqueline M. Saeli can avoid a prison term if she makes full restitution before she is sentenced at 1:30 p.m., March 29.

District Attorney Lawrence Friedman said after her appearance that it's expected Saeli will make a $10,000 payment this week.

Saeli, of North Lake Road, was arrested following a Jan. 6 fire at 8455 N. Lake Road, Pembroke, that destroyed a garage and the bike and was determined to be arson by Deputy Ryan Young, Investigator Chris Parker, and personnel from Pembroke Fire Department and the Emergency Management Office.

January 23, 2019 - 5:20pm
posted by Howard B. Owens in crime, batavia, news, notify.
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Christopher Sprague

One suspect -- a man with a history of burglaries locally -- is in custody in a series of business break-ins in Batavia earlier this month and investigators believe another suspect is still at large.

Christopher T. Sprague, 25, of West Main Street, Batavia is charged with four counts of burglary.

Sprague is accused of participating in a series of burglaries and attempted burglaries at nine business locations on Ellicott Street, Jackson Street, Harvester Avenue, Swan Street, Center Street, Apollo Drive, and Liberty Street between Jan. 4 and Jan. 7.

A truck was stolen -- and later recovered -- at one of the locations.

Police say the suspects broke windows or kicked in doors to gain entry to most of the businesses. Items were taken at some businesses but not all.

Evidence was uncovered at each location that indicated the burglaries were all related and committed by the same suspects, said Det. Eric Hill in a news release.

Sprague was arrested in 2012 and convicted on burglary and attempted burglary charges. He was sentenced to three to six years in prison and released from custody in April 2016.

He was arrested in Batavia in May 2016, accused of breaking into a business on Treadeasy Avenue and stealing money.

Information isn't available at this time about the resolution of that 2016 case.

Sprague was arrested on the four burglary charges while in custody at the Genesee County Jail, where he was being held on an unrelated petit larceny charged and an alleged parole violation.

His parole on his 2012 conviction is scheduled to expire next month.

Hill said police are not releasing more information about the investigation at this time since there is the possibility of another suspect yet to be taken into custody.

January 18, 2019 - 3:39pm
posted by Billie Owens in crime, news, notify, Le Roy, batavia.

Brady Christopher Lund (photo above), 21, of Lake View Park, Rochester, is charged with: criminal sex act in the first degree; first-degree sex abuse; and endangering the welfare of a child. Lund was arrested on Jan. 17 and arraigned in Batavia Town Court at 4:20 p.m. He is accused of having oral sexual contact with a male victim less than 11 years old. The alleged incident occurred at 2 p.m. on Dec. 1 on Pearl Street Road in Batavia. The case was investigated by Genesee County Sheriff's Investigator/Youth Officer Timothy Westcott, assisted by Investigator Howard Carlson.

Carla L. Catalano, 46, of 9 Mill St., Apt. 1, Le Roy, was arrested Jan. 14 and charged with criminal possession of stolen property in the fourth degree, a Class E felony, and fifth-degree conspiracy, a Class A misdemeanor. It is alleged that between September and this month that Catalano intentionally agreed with one or more persons to engage in or cause criminal possession of stolen property. Further it is alleged that Catalano knowingly possessed stolen property consisting of one pump shotgun (color black), belonging to the victim, and that she refused to return the gun to the victim when the victim asked/then demanded she do so. Catalano was arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Chazmar T. Walters, 26, of 12 Myrtle St., Le Roy, was arrested Jan. 15 and charged with these misdemeanors: aggravated unlicensed operation in the second degree -- driving while license suspended; and resisting arrest. It is alleged that Walters was seen by a Le Roy patrol driving on Myrtle Street in the Village while his license was suspended 20 times. Upon approach of the Le Roy patrol, it is alleged that Walters resisted arrest by refusing to exit the vehicle after being ordered multiple times to do so, then he had to be physically removed from the vehicle. It is further alleged that Walters continued to be obstructive during the officers' attempts to walk him into the court for arraignment and further charge(s) are pending. Walters was arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $5,000 cash or $10,000 bond.

January 16, 2019 - 2:04pm
posted by Howard B. Owens in crime, news, corfu, Oakfield, notify.

In deciding how to sentence a 24-year-old from Oakfield who caused a serious injury accident while drinking and driving on Route 33 in Corfu on April 18, just weeks after a prior DWI arrest, Judge Charles Zambito said he had to wrestle with how to balance punishment, protecting the community, and providing the young man with the best chance at rehabilitation.

To that end, he decided that Jacob Szumigala should serve an intermittent jail sentence in the Genesee County Jail followed by five years under the watchful eye of the County Probation Department.

Nothing against state's parole supervision but Zambito said he believed Szumigala would be more closely monitored by local probation and if there was a violation, Szumigala would be returned quickly to Zambito's court.

"I'm more confident that this type of sentence will provide the community with more protection and you with more supervision," Zambito told Szumigala in Genesee County Court Tuesday afternoon.

Szumigala was stopped by State Police on Lockport Road in Oakfield in March and charged with DWI. With his driving privileges already revoked, Szumigala was driving through Corfu when his gray Hyundai Sonata was heading eastbound on Route 33 at high speed when it struck a Honda sedan.

That Honda struck a black pickup truck. The driver of the Honda, James Hoskins, of Corfu, suffered serious injuries -- considered so serious at the time of the accident that the Crash Management Team was called to investigate the crash in case the Hoskins didn't survive.

Assistant District Attorney Shirley Gorman said the injuries sustained by Hoskins are life-altering. She argued for a harsh prison term, especially in light of an alleged violation of Szumigala's terms of release while awaiting sentencing.

Szumigala's attorney, Tom Burns, didn't dispute Gorman's assertion that Szumigala tried to get high and when the drug was ineffective, he stopped taking medication to soothe his craving for alcohol and then got drunk.

"That decision to not only use alcohol but to deliberately use a substance intended to induce a high and then stop his treatments that he was authorized to be on and required by his treatment counselor," meant Szumigala deserved a prison term, Gorman argued.

"If there was a time in which you follow the letter of what is expected of you, it's while you're at the mercy of the court before sentencing. But within a month of his appearance, he used alcohol."

Gorman concluded, "how can anything here stop him from drinking other than state incarceration?"

Burns said everybody was disappointed in his client's relapse, including Szumigala. What separated Szumigala from many other defendants in a similar situation is that all the treatment Szumigala has been through -- in-patient, a halfway house, residential treatment -- have all been voluntarily, and other than the one relapse Szumigala's performance throughout treatment has been excellent.

"I was extremely disappointed in his relapse," said Burns, while several members of Szumigala's family sat in the first row of the gallery. "I know his family was disappointed in his relapse."

And unlike many other defendants, Szumigala isn't thinking just of himself, standing before the court expressing remorse over his addiction. Szumigala acknowledges the harm his actions caused other people.

Burns pointed out that if placed on probation, a violation would subject Szumigala to a potentially much longer prison term than available to Zambito under terms of the plea agreement reached in this case. Zambito later said Szumigala could be sent to prison for from five to 15 years if Szumigala violated his probation terms.

In November, Szumigala entered a guilty plea to aggravated vehicular assault and DWI as a misdemeanor and aggravated unlicensed operation. The DWI case in Oakfield is still pending and under terms of his plea agreement, he must plead guilty in that case.

Zambito said that if he sent Szumigala to prison, that would mean he would be taken out of treatment at the Oxford House, cause him to lose his job, and eventually return Szumigala to the community without treatment. That would mean, Zambito said, Szumigala would still be a potential threat to the community.

Szumigala will serve his intermittent jail term on Mondays through Wednesdays.

There is still the issue of restitution to the victims to be resolved and a hearing on restitution was set for March.

January 16, 2019 - 1:09pm

A 17-year-old male who lives on Cherry Street in Batavia is charged with second-degree harassment. At 12:30 p.m. on Jan. 14, Batavia police investigated an incident at Batavia High School involving a student who allegedly had unwanted physical contact against a staff member. The youth was issued an appearance ticket for Batavia City Court and is due there Jan. 22. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Dan Coffey.

Shadow Star Jonathan, 24, of Meadville Road, Tonawanda Indian Reservation, is charged with second-degree assault. He was arrested at 6:45 p.m. on Jan. 10 for allegedly assaulting another person at 1:30 a.m. on Oct. 14 on Sandhill Road, Alabama. He was arraigned in Alabama Town Court and jailed in lieu of $10,000 bail. He is to return to Alabama Town Court on Feb. 7. The case was handled by Genesee County Sheriff's Deputy James Diehl, assisted by Deputy Richard Schildwaster.

James Arthur Daggar, 64, of Batavia Elba Townline Road, is charged with: DWI; aggravated unlicensed operation in the first degree; operating without a driver's license; refusal to take a breath test; and failure to yield the right of way at a stop sign. At 4:02 p.m. on Jan. 15, Daggar was arrested following a motor-vehicle accident investigation. The accident on Alleghany Road (Route 77) resulted in minor injuries and only Dagger was transported to UMMC, where he was treated. Traffic tickets were issued and the defendant is to appear in Alabama Town Court on Feb. 13. The case was handled by Genesee County Sheriff's Deputy James Stack.

Ronnie Joe Flinchum, 59, Mill Street, Le Roy, is charged with failure to appear. Flinchum was arrested at 11:39 a.m. on Jan. 14 on a bench warrant for failure to appear on a prior charge of third-degree assault. The defendant was arraigned in Batavia City Court and put in jail in lieu of $1,000 cash or bond. Flinchum is to reappear in city court on Jan. 17. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Marc Lawrence.

Mehmet Kahraman Dilek, 43, of Meadowbrook Drive, Rochester, was arrested on Jan. 15 on a warrant out of Batavia City Court for failure to appear. Dilek was arraigned at 7:30 p.m. at jailed with inspecified bail. The defendant is due back in city court this afternoon (Jan. 16). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

January 15, 2019 - 3:59pm
posted by Billie Owens in crime, news, notify, batavia, Oakfield.

Joseph Marranco, no age provided, of Batavia, was arrested and charged with petit larceny on Jan. 6. That day SP Batavia troopers were dispatched to a local motel in the Town of Batavia for a larceny complaint. While en route to the complaint, troopers allegedly observed Marranco riding his bicycle on Main Street in the City of Batavia carrying a flat-screen television that was tucked underneath his arm. Further investigation revealed that Marranco was recently at the same motel and claimed that a motel guest stated he could borrow the motel's television. After his arrest he was arraigned in Batavia Town Court and put in jail on $1,000 cash bail.

Cody J. Wenner, 28, of Oak Street, Batavia, is charged with second-degree menacing and third-degree attempted assault. Wenner was arrested after a disturbance that occured at almost 1 a.m. on Jan. 1 on Walnut Street. He was arraigned in city court and held on $2,500 cash or bond. He is due back in city court on Jan. 23. The case was handled by Batavia Police Officer Felicia DeGroot.

William T. Hughes, 62, of Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. On Jan. 13, troopers out of SP Batavia were dispatched to a domestic dispute in the Town of Batavia. Upon arrival troopers determined the victim was grabbed and threatened with physical harm by Hughes. They also observed property damage at the residence. Hughes was arrested then arraigned in Town of Batavia Court and put in Genesee County Jail in lieu of $500 cash bail. An order of protection was issued for the victim.

Jennifer Sue Davis, 39, of Webber Avenue, Oakfield, is charged with: DWI -- with a previous offense; aggravated unlicensed operation in the first degree; leaving the scene of a property damage accident; following too closely; and refusal to take a breath test. On Jan. 11, following an investigation into a two-car accident at 6 p.m. on Route 63 in the Village of Oakfield, Davis was arrested. It is alleged that Davis was driving while intoxicated and while possessing a conditional driver's license and that she rear-ended another vehicle. Davis was arraigned in Oakfield Town Court on Jan. 11 and is due to return there at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Matthew Clor.

Joseph William Freeman, 34, of Summit Street, Batavia, is charged with: aggravated unlicensed operation in the second degree; unlicensed operator; uninsured motor vehicle; failure to use designated lane; and criminal use of drug paraphernalia in the second degree. He was arrested at 4:18 p.m. on Jan. 8 on Jackson Street in the city. The charges all stem from a traffic stop wherein it is alleged that Freeman was operating a motor vehicle on Ellicott Street at the intersection with Jackson Street and made an illegal right-hand turn onto Jackson Street. During a lawful search, several items of drug paraphernalia were allegedly discovered. He was released on bail and transported to Orleans County Jail on an active warrant out of that county. Freeman is due in Batavia City Court on Jan. 22. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer James DeFreze.

Quamane J. Santiago, 20, of Walnut Street, Batavia, is charged with two counts of second-degree harassment. He was arrested (date not specified) for allegedly having physical contact with two separate female victims during a disturbance that occurred at 6:05 a.m. on Dec. 1 on Walnut Street. Santiago was processed and issued an appearance ticket for this afternoon (Jan. 15) in city court. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Arick Perkins.

Brian Keith Dyer, 52, of North Street, Batavia, is charged with criminal tampering in the third degree. Dyer was arrested following a landlord-tenant dispute which occurred on North Street at 2 a.m. Jan. 5. Dyer was processed at Batavia Police Department and released on an appearance ticket returnable to Batavia City Court this afternoon (Jan. 15). The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Felicia DeGroot.

January 14, 2019 - 9:16pm
posted by Billie Owens in crime, news, notify, jennifer serrano, Darien, fatal hit-and-run.

An evidentiary hearing that grew testy at times was held in Genesee County Court this afternoon in the case of Jennifer L. Serrano.

The 48-year-old who lives on Charles Street in Irving is charged with second-degree vehicular manslaughter in the death of 18-year-old Connor Lynskey and leaving the scene of a personal injury accident. She remains in jail on $100,000 bail or $200,000 bond.

It is alleged that in the early morning hours of Aug. 11 that an intoxicated Serrano struck and killed Lynskey, of Hinckley, on Sumner Road in Darien but didn't stop to help or call the police. Lynskey was reported missing that night after the Jason Aldean concert and officers patrolled the area, including Sumner Road, but nobody saw Lynskey or any evidence of an accident.

The next morning, Deputy Richard Schildwaster, checking Sumner Road, found debris in the roadway and when he got out of his vehicle and looked around, he found Lynskey's body in a ditch.

How Serrano first came to the attention of Sheriff's Deputy Robert Henning was part of the testimony given at what is known as a Huntley hearing to determine what will be admitted into evidence. It is believed that Henning encountered Serrano after the fatal hit-and-run had occurred.

Under questioning from District Attorney Lawrence Friedman, Henning said at 12:56 a.m. he was traveling northbound on Route 77 heading to the county jail with a male who had just been arraigned in Darien Town Court on a criminal mischief charge.

Henning said he noticed a white Jeep Wrangler backing out of a residential driveway and it was stationary on the eastside of the roadway. 

Under questioning from one of two defense lawyers present, Henning later noted that when he spotted the Jeep he was traveling 55 to 60 miles an hour in a 55-mph zone. Traffic was moderate that evening, he said, due to the concert ending at Darien Lake Performing Arts Center not long before.

If Serrano's vehicle had stayed on the shoulder, he said he would have driven past her. But suddenly the Jeep pulled onto northbound 77 right in front of the deputy's vehicle and Henning said he had no reason to anticipate the Jeep's action and did not slow down.

Instead, he slammed on his brakes to avoid a collision and swerved into the southbound lane of 77, where "fortunately, no cars were coming."

Defense Attorney Frank LoTiempo asked if the soon-to-be-inmate in the backseat of the patrol vehicle was injured in the violent slamming on of brakes and if injuries were reported. Henning said he recalls some part of the arrestee "moving forward and some contact was made" with the divider between the front and rear seats, but no injuries were sustained, thus none reported.

"Were there skid marks?" LoTiempo asked.

"I didn't look," Henning said.

Upon further questioning, Henning noted that he took no pictures at the scene and could not recall which driveway the Jeep had backed out of.

LoTiempo asked that the name of the male in Young's custody at the time be determined and provided to the defense in case they decide to interview him about what he saw or heard.

Next, Henning said he turned on his emergency lights and pulled behind the Jeep, which pulled over after a couple hundred feet and stopped.

He said he approached the driver, whom he identified in court as Serrano, who sat in beige pants and an orange hoodie, shackled, at the defense table, her dark hair up in a coarse braid, reading glasses propped on her head. Serrano smiled a couple of times at three family members in the gallery; she largely seemed dazed during the hearing.

Henning said she had trooper stickers on her windows and he asked her about them, and she replied that some members of her family were retired from law enforcement.

The reason she was pulled over -- pulling out suddenly into traffic -- would have been simply a traffic violation -- moving from lane unsafely -- until Henning suspected Serrano was impaired. He said Serrano told him she was returning from the Silver Lake area and he observed she had bloodshot, glassy eyes, slurred speach and he detected the strong odor of alcohol on her breath.

He asked her to exit the vehicle and when she did she "misjudged the depth of the ground" and got off balance, but used the door to steady herself and was able to "stagger" to the rear of the vehicle by using it to "keep from swaying back and forth" while he talked with her.

Henning testified that he activated his body camera when he approached Serrano and that footage would also show Deputy Jenna Ferrando.

LoTiempo asked the deputy if he had the body cam on the entire time during his shift. Henning replied that he always had it on his person just not always on, but that it may have been on while he was at Darien Lake.

"She seemed fidgety, uncomfortable and nervous," Henning told Friedman.

"Did you ask her if she had something to drink?" Friedman asked.

"She said she had earlier in the day, then she said she had none," Henning said.

Once Henning knew Serrano was not going to be getting back into the Jeep to drive, a half hour to 40 minutes after encountering the defendant, her Miranda rights (to have an attorney, to not answer questions, etc.) were not read, Henning testified under questioning from LoTiempo. Yet the defense attorney said one of two DVDs entered into evidence today will show that Serrano says she asserts her right to say nothing and still the deputy talks with her about a Breathalyzer test. 

LoTiempo said a "7-10-30" notice was filled out but nothing was noted about the deputy asking her about drinking.

Next up to testify was Deputy Ryan Young, who spoke about his assignment Aug. 12 -- to take two deputies to the Buffalo Airport so they could travel for training then go to 23 Opal Court in Amherst. That's where the defendant's sister Mary Brillhart lives. He was to make sure Serrano's Jeep, which was parked in the garage, stayed in the garage.

Young said he got there about 4:30 a.m. and waited three hours until Sheriff's Investigator Christopher Parker got there with a search warrant.

At about 7:25, Young, Investigator Parker and two officers from the Amherst Police Department converged at the property. Young said he approached the "man door" on the side of the garage, saw Serrano inside the garage and activated his body cam; he asked her to open the door, whereupon she opened the overhead garage door. Young said he saw that the damage to the Jeep was consistent with the damage specified in the hit-and-run report.

Parker, according to Young, asked Serrano if she knew why law enforcement was there.

"I imagine you found my (suicide) note at my house," Serrano replied.

After Serrano was arrested her Miranda rights were read to her.

Young testified that she subsequently asked him to retrieve reading glasses from the house for her and flip-flops from the Jeep, and when he got the latter, he found a bottle of clonazapam in plain view. Young drove her silently on a 40-minute ride to the Genesee County Jail. Once there, he asked her how many of the pills she had taken; "one" she said. "Not enough to overdose?" he asked. "No, that was the plan," Serrano replied.

Young told the court that he was concerned about what amount of the drug she had in her system because she was being processed into jail.

Sanchez asked if Serrano was asked questions after her Miranda rights were read.

Young testified that a few were, such as "How can I reach your sister?" "What is her (sister's) first name?" "Does she know what happened?" "Did you leave the note inside or outside your house?"

Sanchez raised issues about the "affirmative questions" Serrano had been asked while interacting with the Genesee County Sheriff's Office personnel. The DA objected and asked what "affirmative questions" were and said the questions speak for themselves and it is not for Deputy Young to classify them in a particular way because the defense asks him to. The judge sustained the objection.

Sanchez asked if Young's body cam was on the whole time that day.

"I recall that I turned the camera off when I went to use the bathroom," Young deadpanned.

The question of when the defense counsel "attaches" to Serrano was debated in this Huntley hearing. Was it at the time she retained attorney Michael Caffery for a misdemeanor DWI arraignment in Darien Town Court? Or was it after that DWI, or once the hit-and-run fatal were suspected of being connected to the arrest made by Henning when LoTiempo and Sanchez were hired?

The defense then called its sole witness, attorney Caffery, who testified he was retained for $500 and met with Serrano at the jail. After speaking with dispatch about damage to the Jeep, he thought there was more to the case than a misdemeanor DWI.

Caffery, Serrano and "a third party" -- a woman who had been a passenger in Serrano's vehicle -- subsequently met at the Tim Hortons in Derby (Erie County).

"What was said?" Friedman asked.

That prompted the defense to object because they specifically wanted to limit Caffery's testimony to the fact that he had been retained for the misdemeanor DWI and that there was property damage to the Jeep.

LoTiempo argued -- with hands on hips, then his right hand jabbing the air with the forefinger and pinkie sticking out belligerently -- that the conversation was covered by attorney-client privilege and therefore off limits for cross-examination.

Friedman rejected his assertion, saying that Caffery is a witness that he has the right to cross-examine and that the presence of a third party negates the attorney-client privilege argument.

Judge Zambito overruled the objection and called for the witness to answer the question. LoTiempo -- hanging his head toward the floor dejectedly as he sat sideways at the defense table, his fist in a knot -- reared up to renew his argument.

The heated scenario prompted the judge to call the lawyers into his chambers for a 10-minute recess.

It seemed to tax the victim's parents, who had sat throughout the proceedings with great poise along with three other adults in the front row.

The mother began to cry as she briefly exited the gallery, sobbing halfway down the aisle. She returned composed.

The issues of Caffery's attorney-client privilege and what was said at Tim Hortons were not revisited by Friedman after court resumed.

The case is next on the docket for 1:45 p.m. on March 13.

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