crime

Joy J. Bartel, 23, of Corfu, was arrested Tuesday for alleged shoplifting. She is accused of stealing $74.80 in items from K-mart. She is charged with petty larceny.

Wooden cargo pallets were stolen Tuesday from the rear of Country Max garden and pet supply store on Main Street in Batavia.

And it's not the first time, either. But this time the folks at Country Max say they caught the pilferers on film.

“We think we know who it is,” said the store worker. “Now we're waiting to catch them if they try it again.”

The pallets pile up as retail shipments are off loaded. They come free with the merchandise, but they're still the retailer's property and not up for grabs.

Unlike previous stockpiles, the one stolen this week was to be sold. In this economy, every little bit of legal tender helps.

The Genesee County Sheriff's Office is investigating the theft of three Holstein calves from the Noble-Hurst Farm in Pavilion, according to a statement issued this morning. The theft occurred between 8 a.m. Sunday morning and 9 p.m. Monday night. The investigation is being led by Deputy J.L. Baiocco.

Randall W. McKeown, 46, of Batavia, is charged with criminal contempt in the first degree and harassment in the second degree. McKeown allegedly sent repeated text messages to a person he was ordered by the court not to contact. He is being held without bail.

Joshua Gebhard, 21, of Churchville, is charged with unlawful possession of marijuana. Gebhard was found to allegedly possess the marijuana after Sheriff's deputies responded to a loud noise complaint in Stafford.

Michael Smoke, 20, of Basom, is alleged to have had inappropriate contact with a 12-year-old child in Alabama. Basom is charged with acting in a manner injurious to a child under 17-years-old.

Joseph C. Hufford, 42, of Middleport, was arrested in Byron Monday for alleged DWI. Hufford was allegedly involved in a single-car accident. Upon investigation, Sheriff's deputies concluded he appeared to be operating a motor vehicle while intoxicated. He was charged with DWI and driving with a BAT of .08 or more. He was released on an appearance ticket.

Gina M. Kalish, 41, or Rochester, was stopped by a Border Patrol agent while driving on I-490 through Bergen Monday night after the agent reportedly observed her vehicle moving erratically on the freeway.  Upon further investigation by a Sheriff's deputy, the deputy arrested Kalish for allegedly operating a motor vehicle while under the influence of drugs.

Laurie J. Lerkins, 32, of LeRoy, was arrested Monday for allegedly biting a child on the arm and throwing items at him. Lerkins is charged with harassment in the second degree and endangering the welfare of a child. Det. John Gondidorio said the charges stemmed from a January investigation after the 10-year-old child, a relation of Lerkins, developed bruises above his arm and on his head. Det. Gondidorio said, "During the investigation it was alleged that Lerkins, during the course of a disturbance with the child, bit the child on the arm causing a bruised bite mark and also threw items at him striking him in the head, bruising his head."  Lerkins was arraigned in LeRoy Town Court and released on her own recognizance.

Andrew J. Ashley, 22, of Le Roy, was arrested in connection with an alleged altercation on March 15 in which Ashley reported punched another person in the face. The victim suffered a broken nose and a cut cornea. Ashley is charged with assault in the third degree.

Neil H. Farley III, 18, of Elba and his 17-year-old brother were arrested at their Ridge Road home Friday evening for allegedly throwing an under-age drinking party. The 17-year-old was allegedly found in possession of marijuana and several marijuana pipes were reportedly found in his room. Both are charged with unlawfully dealing with children in the first degree.

Kevin E. Moscicki, 21, of Oakfield, was arrested Saturday morning in Batavia and charged with DWI. The Sheriff's office reports that Moscicki's vehicle was observed making an unsafe lane change and an improper right turn, which led to a traffic stop.  Further investigation revealed Moscicki was allegedly operating the vehicle while intoxicated. He was charged with driving with at BAT .08 or more.

Gregory L. Brennan, 40, of Batavia was charged with DWI following a traffic stop on Slusser Road in Pembroke. He is accused of driving with a BAT .08 or greater and operating a motor vehicle without a license. Brennan was arrested early Sunday morning.

Robbie J. Stanton, 31, of Batavia, is charged with a felony DWI and operating a vehicle with a revoked license following a traffic stop in Pembroke Saturday morning.

Joseph M. Menas, 30, of Elba, was arrested and charged with DWI Thursday night after the Sheriff's office received a report of a car of the road on Route 98. When deputies arrived, the driver was not with the vehicle. Menas was subsequently found at a nearby residence. He is charged with DWI and aggravated DWI.

Batavia Police are looking for a hero who broke up an attempted robbery by two young thugs on Ellicott Street near Jackson on March 5 at about 1:30 p.m.

The victim was a 90-year-old woman.

She was accosted by two young men in their late teens, but an unknown passerby chased the suspects away.

Police want to talk to the hero as well as any other witnesses.

The BPD's press release does not indicate whether investigators have yet identified the suspects.

The hero or other witnesses are asked to call Det. Kevin Czora at 585-345-6311 or the BPD at 585-345-6350.

State officials announced in Albany yesterday the arrest of 23 people -- including an unidentified Genesee County man -- for allegedly dealing illegally in New York native species.

The group of people were allegedly capturing and selling native rattlesnakes, salamanders and turtles.

"We were addressing what was becoming a mammoth industry in New York, and that was the illegal trade in New York reptiles," said Thomas, a law enforcement lieutenant at DEC's regional headquarters in Avon, Livingston County.

Thomas said that reptiles and amphibians should be valued and protected as bedrock species in their ecosystems that consume insects and small mammals perceived as pests, and in turn being consumed by larger animals.

UPDATE: The D&C's version of the story includes this information:

Among those charged with misdemeanor counts were Kenneth R. Howard Jr., 53, of Oakfield, Genesee County, and Michael J. Loveless, 58, of Machias, Cattaraugus County. Both men are accused of illegally trapping snapping turtles and selling them in Maryland for meat.

Emmanuel Williams, 33, of Batavia was arrested Thursday night for allegedly having "physical contact with a child less than 17 years old," according to the police report. He is charged with endangering the welfare of a child. Williams is being held on $7,500 bail.

In all likelihood, Scott Doll will be released on supervised bail today (if he isn't already out of jail).  From all appearances, it looks like he and his attorney are planning a vigorous defense, as is his right.

One of the advantages of the United States is that we have a judicial system that presumes innocence and requires the government to prove its case before incarcerating an accused criminal for any length of time.

Suspects are afforded due process, the rule of law and all of the burden for proving guilt rests with the government.  It isn't up to the accused to prove his lack of complicity.  It is up to the government to win a conviction.

This is good for all of us.  It protects us from arbitrary arrest -- as often happens in less enlightened countries -- and assures us a fair chance to avoid an unjust conviction.

Our legal system isn't perfect, as no human-run institution can be perfect, but it works pretty well.

Based on some comments we've seen on The Batavian, some people are assuming Scott Doll is guilty.  The case against him doesn't look good. He was found covered in blood not far from the scene where Joseph A. Benaquist was found beaten to death. Doll and Benaquist had a prior business relationship. They once worked in the same detention facility.  The circumstantial evidence against Doll is reasonably strong.

But none of us were there. And none of us have yet seen the direct evidence that might convict Doll. 

In our legal system, it's dangerous to jump to conclusions, no matter how compelling the initial case may seem.

Unless the judge grants a change of venue, 12 honorable people from Genesee County will be called upon to judge Mr. Doll's guilt or innocence. Some of those people may be regular readers of The Batavian or aware of the case through other media. It's important that those jurors maintain an open mind, giving Mr. Doll every benefit of the doubt and requiring the government, as is its obligation, to prove its case beyond a reasonable doubt.

The legal system protects all of us. We should be sure to protect and preserve the system.  We're long past the days of vigilante justice and kangaroo courts. Let's keep it that way.

Michael Maloy, 30, of Batavia, was pulled over by Sheriff's deputies on a routine traffic stop Wednesday when a K-9 dog alerted on the vehicle, according to a Sheriff's Office report.

Further investigation revealed Maloy allegedly had heroin and hypodermic needles in his car.

He was charged with criminal possession of a controlled substance. Bail is set at $1,200.

STAFFORD, N.Y. -- A Stafford man is facing a felony assault charge after allegedly brandishing a loaded rifle during an argument early this morning.

Michael A. Nicometo, 24, was taken into custody without incident by Sheriff's deputies at 4:40 a.m.

Nicometo is being held in Genesee County Jail on $10,000 bail.

BATAVIA, N.Y. -- Scott Doll, accused of murdering Joseph A. Benaquist, could be released on bail as early as today, according to District Attorney Lawrence Friedman, pending implementation of additional release conditions of the judge and fitting Doll with a GPS tracking device.

Doll must also surrender his passport and his pistol permit. He will also be prohibited from carrying guns.

"This is a unique situation," Friedman said. "It's what I call a hybrid. (In addition to bail) the judge is imposing numerous conditions on his release."

Depending on when all of the conditions of his release are met, Friedman said, Doll could be free either today or tomorrow.

Bail was set at $100,000 cash or $200,000 bond, Friedman said, and the defendent secured a bond.

His next scheduled court appearance is May 20 for pre-trial motions.

Friedman said the investigation is ongoing and there are no new developments that he can discuss.

Asked if a motive has been uncovered, Friedman said, "The nature of our obligation is to prove elements of the case beyond a reasonable doubt. Motive is not an element of the crime, and as you know, both sides have an obligation to ensure a fair trial so motive is not something I would even discuss."

Doll is the Republican candidate for mayor in Corfu and that election is being held today.

UPDATE: The Daily News has additional information from this morning's bail hearing.

UPDATE II: WBTA has audio of an interview with Friedman posted.

UPDATE III: The national media continues to pick up on the "accused killer running for mayor" angle. Here's MSNBC's short story.

Brian Coffta, 36, of Sanford, Maine, was arrested in Batavia last night, on a charge of aggravated DWI. Coffta was allegedly observed driving in an erratic manner. Police say his BAT was .18 or higher.

Beth A. Brugger, 26, of LeRoy, is charged with aggravated DWI and leaving the scene of an accident. Brugger was allegedly spotted by another motorist driving erratically on Main Street in Batavia. A police officer subsequently observed her swerving on the road and then side-swipe a parked vehicle. Police say her BAT was .18 or higher. She was taken into custody this morning at about 1:20 a.m.

Candy R. Coleman, 53, of LeRoy, who is already serving time in the state corrections facility in Albion, pleaded guilty yesterday to one count of possession of a controlled substance and was sentenced to 90 days incarceration.

Coleman was facing other charges stemming from a December 2007 investigation.

The sentence for the guilty plea to the single charge will run concurrent to her current sentence, which stems from a conviction in Monroe County.

Detective John Condidorio, who arrested Coleman yesterday at the prison, said the other charge included alleged possession of stolen property.

In 2007, a search warrant of Coleman's Genesee Street apartment led to the discovery of alleged cocaine and paraphernalia along with items reportedly stolen from a neighbor, Condidorio said.

The investigation was delayed while Coleman went through the legal system in Monroe County on unrelated charges.

UPDATE, March 18, 10:30 a.m.:  We received this note from the State Police:

Reference the attached press release sent on 03/17/09, NYSP Clarence BCI received an anon. tip that WEBSTER WIGGINS was staying at a location in the City of Buffalo.  WIGGINS was located and arrested without incident.

BUFFALO, N.Y. -- State Police are looking for a sex offender from Buffalo who could be anywhere in the state, according to Investigator Daniel Strozyk.

Webster E. Wiggins, Jr. 33, has refused to register as a sex offender since March 2004, according the Strozyk.

"He knows he's wanted," Strozyk said. "He could be anywhere. We know he was in Buffalo last week, but we received information that he moved and we don't know where."

Wiggins last resided at 2763 Main St., Buffalo. He's been known to travel elsewhere in the state.

Wiggins is 5-8, 155 lbs and has tattoos on both arms.

State Police are requesting anyone with information on Webster E. Wiggins Jr.  contact State Police at 716-759-6831.

A Bethany teen-ager is facing charges after losing control of an ATV he was allegedly driving and getting into an accident that left a 16-year-old passenger injured.

The teen-ager, also 16, left the scene of the accident in Spring Road in Alexander, according to a Sheriff's office report.

No word on the seriousness of the injuries the passenger sustain. The driver was traveling at a high rate of speed, according to the report.

The driver has been charged with criminal possession of stolen property in the fourth degree and may face other charges.

A 16-year-old from Oakfield is charged with trespass after entering the driveway and yard of another person in Oakfield.

Sarah J. Moutrup, 29, of Oakfield, is charged with felony DWI following her arrest in Alabama. Moutrup is charged with aggravated DWI and driving with a BAT of .18 or greater.

Brian M. Glor, 36, of Oakfield, was arrested Monday for possession marijuana and obstruction of governmental administration in the second degree. Glor allegedly interfered with a DWI investigation in Alabama. Glor was arrested and during a search, the marijuana was found.

Jason R. Anderson, 27, of Elba, was arrested Saturday on a charge of petty larceny. He is accused of stealing items from the Dollar Store.

Brandt L. Arnold, Jr., 28, of Corfu, was arrested on DWI related charges Sunday morning in Darien. Arnold was stopped at 3:30 a.m. on Fargo Road. He is charged with felony DWI and driving with at BAT of .18 or higher.

Steven M. Coakley, 25, of Bergen, was arrested on DWI charges Sunday morning in Byron. Coakley is charged with a misdemeanor count of DWI and with driving with a BAT of .08 or more.

A 60-year old Darien Center man has been charged with one count of committing a criminal sexual act in the third degree as well as one count of official misconduct after an investigation into an incident at Albion Correctional Facility.

Samuel E. Williams is receiving the charge after the State Police and Department of Corrections investigated an allegation made by a female inmate in the fall of last year, stating the civilian employee made inappropriate sexual contact.

Williams is scheduled to appear in Albion court on March 24.

Joann M. Rusby, 50, of LeRoy, is in custody, accused of dealing drugs.

The LeRoy Police Department identified Rusby as a suspect after a 53-year-old woman in LeRoy was found dead in her apartment. During the investigation of her death, LeRoy police learned that Rusby may have been dealing Fentanyl, a narcotic pain reliever.

Police conducted an undercover operation, which resulted in Rusby's arrest.

Rusby is charged with criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree. 

After arraignment, Rusby is being held on $7,500 bail.

Harvey J. Lockhart, a.k.a. "Man,"  26, of Batavia, is in custody, accused of dealing crack cocaine.

Lockhart was arrested following an investigation by the Genesee County Local Drug Enforcement Task Force.

Police say Lockhart sold a quantity of crack to an undercover officer in late 2008. The Grand Jury issued a sealed indictment for his arrest. Lockhart was spotted in Batavia yesterday and taken into custody.

He is charged with criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the third degree.

Lockhart is being held pending arraignment.

Brian Tracy, 21, of Attica, was arrested in Corfu yesterday for allegedly taking another person's car for a joy ride.  Tracy is charged with unauthorized use of a vehicle.