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January 7, 2019 - 3:49pm
posted by Billie Owens in crime, news, notify, batavia, business.

(Above: suspects involved in the weekend burglaries.)

Submitted photos and press release from the Batavia Police Department:

The Batavia Police Department is investigating several burglaries which occurred at different local businesses over the weekend.

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. Items were taken at some of the businesses but not all. The suspects stole a white 1998 Dodge RAM 2500 diesel (NYREG 65962JX) from one of the businesses and may be operating the vehicle.

Attached are photos of the suspects from one local business and the actual stolen vehicle. It is recommended that business owners remove all cash/valuables prior to closing.

The Batavia Police Department is requesting business owners and citizens to look out for suspicious persons. Please notify the police department IMMEDIATELY if suspicious activities are observed so investigative actions can be taken. 

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.

No other information will be released on the burglaries at this time due to the ongoing investigations.

(Below: Ellicott and Liberty streets - south.)

(Bottom: Ellicott and Liberty streets - east.)

January 7, 2019 - 3:32pm
posted by Billie Owens in news, crime, notify, batavia, Bethany, Stafford, bergen, Le Roy, elba.

Mark Daniel Tooley, 35, of Oak Orchard Road, Elba, (inset photo, above) is charged with: first-degree sexual abuse; acting in a manner injurious to a child less than 17; and first-degree criminal sex act. On Jan. 4, Tooley was arrested on a sealed Grand Jury indictment for allegedly having sexual contact with a victim under the age of 13 on Main Road in Stafford at 5 p.m. on Dec. 24. He was arraigned by Judge Charles Zambito and put in jail with bail set at $10,000 cash or $20,000 bond. He is to reappear in Genesee County Court at a later date. The investigation was handled by Youth Officer Tim Wescott and Youth Officer Howard Carlson.

Nicholas G. Williams, 42, of 3810 W. Main Street Road, Lot 7, Batavia is charged with: felony burglary, 2nd, misdemeanor attempted petit larceny; and felony criminal contempt, 1st. A reported disturbance on Nov. 26 on Lake Street in the Village of Le Roy led to an investigation of Williams. It is alleged that Williams knowingly entered and/or unlawfully remained inside a residence on Lake Street in Le Roy with the intent of committing the crime of petit larceny. Williams is accused of attempting to steal a laptop computer from inside the residence when he was interrupted and fled the scene. Williams was charged with felony criminal contempt in the first degree because it is alleged that a protected person, whom the court ordered him to have no contact with, lived at the residence. Williams was convicted of a prior criminal contempt within the preceding five years. Williams was located in the Genesee County Jail where he was confined due to an alleged parole violation. Williams was arrested on Dec. 12 for the Le Roy charges and arraigned in the Le Roy Town Court and jailed without bail due to multiple prior felony convictions.

Kevin Pietrzykowski, 63, of Stafford (inset photo, left), was arrested by troopers on Jan. 4 for directing a laser at an aircraft, 2nd, which is a misdemeanor. On Jan. 3, troopers responded to the Town of Bergen for a call received from Rochester Airport Air Traffic Control Office on behalf of the National Guard Air Wing for a military helicopter being directed by a laser during night training. According to a spokesman for Troop A in Batavia, the second time the laser was directed at the aircraft, the helicopter pilot put a spotlight on the area it originated from, which helped troopers patrolling the area to find the suspect. Multiple interviews resulted in the arrest of Pietrzykowski on Clinton Street Road, Stafford. Pietrykowski was issued an appearance ticket for the Town of Stafford Court in February.

Kevin James Compton, 57, of Clipnock Road, Bethany, is charged with: criminal possession of a weapon in the third degree; two counts of first-degree reckless endangerment; two counts of unlawful imprisonment; and two counts of second-degree menacing. Compton was arrested following a domestic incident which occurred at 12:30 p.m. on Jan. 5 on Clipnock Road. It is alleged that Compton threatened two people with a pistol. He was arraigned in Bethany Town Court on Jan. 6 and jailed in lieu of $20,000 cash or $40,000 bond. He is due back in court on Jan. 15. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Deputy Jeremy McClellan.

Ernest Dee Lane, 60, of Ellicott Street, Batavia, is charged with third-degree assault. Lane was arrested on Jan. 3 for an incident which occurred at 2:20 a.m. on Jan. 1 on Ellicott Street. He allegedly injured another person during a physical altercation. He is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Christopher Lindsay.

Cody J. Wenner, 28, of Oak Street, Batavia, is charged with endangering the welfare of a child and second-degree harassment. Wenner was arrested Jan. 3 for an incident which occurred at 12:57 a.m. on Jan. 1 on Walnut Street. Wenner allegedly pushed a juvenile to the ground during an altercation. He was released on his own recognizance following arraignment in Batavia City Court. He was due back in City Court on Jan. 4. The case was handled by Batavia Police Officer Jamie Givens, assisted by Officer Felicia DeGroot.

January 5, 2019 - 6:06pm
posted by Howard B. Owens in crime, news, Le Roy, notify.
m._condidorio.jpg s._anthony.jpg
 Michelle Condidorio      Shane Anthony
r._pragle.jpg t._powers.jpg
      Robert Pragle       Tyler Powers 

Community tips, following news reports of larcenies in the Robbins Road area of Le Roy, as well as a tip from two of the suspects themselves, helped Le Roy PD officers piece together a case against four Le Roy residents in a scheme to allegedly steal personal property and sell the items for drug money.

Taken into custody were Tyler M. Powers, Robert J. Pragle, Shane C. Anthony, and Michelle A. Condidorio.

A series of larcenies was first reported Wednesday, with more than $20,000 in private property reportedly stolen. Le Roy PD provided a surveillance photo of a suspect and information about the crimes to local media.

On Thursday afternoon, police officers received a complaint of suspicious activity in the area of Robbins Road. Individuals were reportedly seen disposing of items near the property of the caller. The two people then left in a vehicle. 

When police officers arrived, they identified many of the items as those reported as stolen.

A short time later, two subjects arrived at the Le Roy Police headquarters and offered to identify the suspect in the photo provided to news outlets.

Officers determined the person identified by the people at the police station matched the subject in the photo.

As it turned out, based on further investigation by the officers, the two people at the police station appeared to also be involved in the larcenies. Another person was also identified as a suspect in the thefts.

As a result of the investigations, officers obtained a search warrant at a residence shared by the suspects. 

At the residences, officers say they found additional items that had been reported stolen along with crack cocaine, drug paraphernalia and marijuana.

During the search, Anthony was also allegedly found in personal possession of drug paraphernalia and marijuana.

Charges:

Tyler M. Powers was charged with one count of grand larceny, 3rd, a Class D felony, and one count of criminal possession of stolen property, 3rd, a Class D felony. Powers was jailed on $25,000 bail.

Robert J. Pragle was charged with one count of criminal possession of stolen property, 3rd, a Class D felony, one count of criminal possession of a controlled substance 7th, a Class A misdemeanor, and one count of criminally using drug paraphernalia, 2nd, a Class A misdemeanor. Pragle was jailed on $10,000 bail.

Shane C. Anthony was charged with one count of criminal possession of stolen property, 3rd, a Class D felony, and one count of criminally using drug paraphernalia, 2nd. Powers was jailed on $15,000 bail.

Michelle A. Condidorio was charged with one count of criminal possession of stolen property, 3rd, a class D felony, one count of criminal possession of a controlled substance, 7th, and one count of criminally using drug paraphernalia, 2nd. Condidorio was jailed on $10,000 bail.

January 4, 2019 - 3:26pm
posted by Billie Owens in crime, news, notify, Le Roy, batavia, elba, bergen, Basom.

Robert W. Redinger, 29, of Dublin Road, Bergen, is charged with: DWI -- combined drugs or alcohol; unlawful fleeing a police officer in the third degree; reckless driving; failure to yield the right-of-way to an emergency vehicle; refusal to take a breath test; running a red light; moving from lane unsafely (four counts); speed in zone (four counts); unsafe start (two counts); failure to stop at stop sign (three counts); and unlawful possession of marijuana. Redinger was arrested at 2 a.m. on Dec. 29 on Harvester Avenue in Batavia after he allegedly refused to pull over for a traffic stop. He allegedly proceeded to lead police on a high-speed pursuit; his vehicle stopped as a result of him running out of gas. He was allegedly found to be intoxicated and then he was processed and arraigned in city court and put in jail. (Bail status is not mentioned.) The case was handled by Batavia Police Officer Darryle Streeter, assisted by Officer Mitchell Cowen.

Trace G. Brewer, 18, of Montclair Avenue, Batavia, is charged with third-degree burglary, petit larceny and third-degree criminal trespass. Brewer was arrested at 8 a.m. on Dec. 30 on Montclair Avenue after he allegedly entered a shed and stole property. He is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Ivison.

Shah L Zajic, 42, of Batavia, was arrested in the early morning of Dec. 27 by the Le Roy Police Department and charged with: felony driving while intoxicated; felony aggravated driving while intoxicated with a BAC .18 percent or more; unlawful possession of marijuana; speed in zone; and failure to signal. At about 2:25 a.m. Dec. 27th, an officer assigned to DWI Crackdown Patrol observed a vehicle allegedly moving at a high rate of speed on Wolcott Street in the Village of Le Roy. A lawful traffic stop was initiated after the vehicle also failed to use a signal while making a turn. The operator was identified as Zajic. After a subsequent investigation it was allegedly found that Zajic was intoxicated. Zajic was taken into custody and processed without incident; arraigned in Town of Le Roy Court put in jail with bail set at $2,500 cash or $5,000 bond. Zajic is due back in court on Jan. 22 to answer the charges.

Derrick L. Washington, 46, Roosevelt Avenue, Batavia, is charged with: DWI -- BAC of .08 percent or more; DWI -- first offense; speeding; unlicensed operator; aggravated unlicensed operation. On Dec. 31 at 11:20 p.m. on Liberty Street in Batavia, Washington was arrested on these charges following a traffic stop. After his arraignment in city court, he was jailed in lieu of $1,000 cash or bond. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Ranelle E. Reuben, 36, of Judge Road, Basom, is charged with: driving with a BAC of .08 percent or more; DWI; aggravated unlicensed operation in the first degree; following too closely; and leaving the scene of a property damage accident. Reuben was arrested at 5:38 p.m. on Dec. 18 on West Main Street in Batavia. The defendant allegedly left the scene of a property damage accident after striking another vehicle and the defendant was allegedly intoxicated and operating the vehicle without a driver's license. Reuben was arraigned in city court and jailed without bail. Reuben was due in city court on Dec. 19. The case was handled Batavia Police Officer Jamie Givens.

Billie L. Harper, 41, of Hutchins Place, Batavia, is charged with: criminal possession of a controlled substance in the seventh degree; unlawful possession of marijuana; driving while ability impaired by drugs; having a cracked front windshield. Harper was arrested at 9:07 a.m. on Dec. 23 on State Street in Batavia after a citizen's complaint of a subject slouched over the steering wheel of a vehicle. Batavia police responded and located Harper asleep in her vehicle at the intersection of Washington Avenue and State Street. After further investigation police allegedly found Harper to be impaired. The defendant is due in city court on Jan. 15. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Stephen Quider.

Matthew T. Ryan, 42, of Henskee Road, Alden, is charged with DWI -- common law and aggravated DWI -- with a BAC of .18 percent or more. Ryan was arrested at 6:44 p.m. on Dec. 21 on Walnut Street in Batavia following the investigation into a vehicle complaint. He was due in city court on Jan. 2. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

George Michael Hodges, 28, of Oak Street, Batavia, is charged with obstructing governmental administration in the second degree and harassment in the second degree. Hodges was arrested at 1:50 p.m. on Dec. 30 on Oak Street. It is alleged that he physically interfered with police while they were investigating a disturbance call on Oak Street. He was arraigned in city court and put in jail in lieu of $1,000 cash or bond. He was due in court on Dec. 31 to answer the charges. The case was handled by Batavia Police Officer Christopher Lindsay.

Ernest D. Lane, 60, of Ellicott Street, Batavia, is charged with criminal mischief. Lane was arrested at 6:40 a.m. on Jan. 1 for allegedly intentionally breaking property that belonged to a female acquaintance. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Nicole McGinnis.

Adam James Gill, 30, of North Bergen Road, Bergen, is charged with second-degree criminal contempt. He was arrested at 11 a.m. on Jan. 3 on Church Street in Elba following a visit from probation in the Town of Elba. He was arrested for allegedly being inside the residence and in the presence of a protected party. He was arraigned in Oakfield Town Court and put in jail with bail set at $500 cash or $1,000 bond. He is due in court again on Jan. 9. The case was handled by Genesee County Sheriff's Deputy Robert Henning.

Tiesha Deon Doward, 32, of Bank Street, Batavia, is charged with petit larceny. Doward was arrested at 12:38 p.m. on Dec. 31 following a shoplifting complaint at Tops Friendly Market in Batavia. Doward is accused of leaving the store with $99.69 worth of merchandise without paying for it. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Matthew Lutey.

Joshua J. Dibble, no permanent address, Batavia, is charged with petit larceny. Dibble was arrested on Jan. 1 on an active arrest warrant out of Batavia City Court charging him with petit larceny. It is alleged that Oct. 4 on West Main Street in Batavia that Dibble took a 12-pack of beer from a store without paying for it. Following his arrest on the warrant, he was arraigned and jailed in lieu of $1,000 cash or bond. He was due in court again on Jan. 3. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

January 3, 2019 - 7:21pm
posted by Howard B. Owens in crime, batavia, news, notify.
sempriemug2017.jpg
     Sean Semprie

If Sean A. Semprie Jr., had just stuck around the Genesee County Courthouse one morning back in May he wouldn't be heading to state prison today.

Judge Charles Zambito was ready to cut Semprie a deal back then that would have meant some jail time followed by five years probation on drug peddling charges. But while Zambito conferred with Semprie's attorney, the 25-year-old told a court official he had to go out to his car. He never came back.

His attorney, Public Defender Jerry Ader told Zambito it should count in Semprie's favor that he never left Genesee County, even with a warrant pending, that he knew eventually he would be caught, and that while it was a poor decision, he wanted to get a job and take care of his family, which he did, Ader said.

Assistant District Attorney Kevin Finnell said the "take care of his family" excuse rang a little hollow.

"The defendant had an opportunity here," Finnell said, adding later, "the fact that he's managed to stay away from being re-arrested is not an indication of his ability to behave lawfully. He says he had a job but there's no indication of what he's been doing (since May).

"Going back to 2008, there's been a bench warrant issued for him, he's had his probation revoked, that was in Monroe County on a burglary charge, and there was a warrant for his return here in 2017 (when Semprie was extricated from Maine on his drug dealing indictment)."

Given that history, and with a maximum available sentence, Finnell said, "He's done nothing to earn less than the maximum."

Semprie spoke politely but said he disagreed with the district attorney. He said he was sorry for the trouble he caused the court, but "everything he says about me was 10 years ago. I was a different person. Now I'm a man. I have a child. I did make poor choices. I mean, I'm sorry for what I did but I don't think I deserve five years."

Zambito said he didn't have a lot of confidence that Semprie is a man who abides by the rules.

"This is not the way to take care of your baby," Zambito said. "I guess the disturbing part is that you were here and after I tried to talk with your attorney, you left. Well, I guess that was a mistake on my part but what you did was a bigger mistake on your part."

Perhaps a three and a half year jail term followed by two years of parole will teach Semprie a lesson, Zambito said, adding, "I don't know."

Semprie still faces a bail jumping charge in Batavia City Court.

January 3, 2019 - 6:09pm
posted by Howard B. Owens in crime, news, batavia.

Taking other people's cars and driving them drunk looks like too much of a habit for Robert C. Frank, from the view of Judge Charles Zambito, so in Genesee County Court today, Zambito decided to send Frank to prison for the first time in his life.

Frank, 39, a resident of Buffalo, has multiple felony DWI convictions, including two Class D felonies, but has received nothing more than jail time and probation on his previous convictions.

He admitted today that in June he took another person's 2008 Jeep and drove while intoxicated. 

Since he's had prior DWI convictions within the past 10 years, that made the DWI in Batavia a felony. It could have been a Class D felony but District Attorney Lawrence Friedman offered a plea agreement to a Class E felony for DWI and unauthorized use of a motor vehicle.

"He has two previous Class D felony DWIs," Friedman told Zambito. "He received a consideration being able to plead to a Class E but on the basis of additional charges of attempted grand larceny (in Erie County), and based on his history, he should receive no further consideration."

Friedman asked for a one and a half to four year prison term. 

While, according to Zambito, Frank thought he had permission to drive his sister's 2008 Jeep, he can't really be certain that's the case, and while he realizes that Frank has never been placed into treatment for drinking, given his history a community-based sentence (jail time plus probation, which would include treatment) didn't seem appropriate.

Zambito sent Frank to prison for one to three years.

January 3, 2019 - 3:36pm
posted by Billie Owens in crime, news, Le Roy, notify.

Le Roy police are requesting the public’s assistance in identifying a man who was captured on camera entering multiple vehicles and stealing thousands of dollars’ worth of property.   

The man entered multiple unlocked vehicles on Robbins Road in the Village of Le Roy at about 2:30 a.m. on Wednesday, Jan. 2nd.

Anyone with any information is asked to contact the Le Roy Police Department at 585-345-6350.

January 2, 2019 - 1:21pm
posted by Billie Owens in crime, news, notify, Oakfield, Alabama, bergen.

Tevin Alexander Dowdell, 40, of Clifford Ave., Rochester, is charged with: driving while intoxicated as a felony; speeding in a 55-mph zone; refusal to take a breath test; uninspected motor vehicle; and aggravated unlicensed operation in the first degree -- operating a motor vehicle without a required ignition interlock device. On Dec. 31 at 8:33 p.m. on Clinton Street Road in Bergen, Dowdell was arrested on the charges, arraigned and put in Genesee County Jail in lieu of $2,000 cash bail or $4,000 bond. Dowdell is due in Bergen Town Court this afternoon (Jan. 2). The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jeremy McClellan.

Andrew John Rock, 32, of Judge Road, Oakfield, is charged with unlawful possession of marijuana. At 12:08 a.m. on Dec. 29 on Alleghany Road in Alabama, Rock was a passenger in a vehicle during a traffic stop. The defendant allegedly possessed a quantity of marijuana in the glove compartment of the vehicle and a smoking pipe in the passenger door. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Deputy Andrew Mullen.

Damian Michael-Edward Schoonmaker, 20, of Smith Street, Rochester, is charged with unlawful possession of marijuana. At 5:01 a.m. on Dec. 31 on Lewiston Road in Oakfield, Schoonmaker was arrested for allegedly possessing marijuana inside his 2000 Buick LaSabre. The case was handled by Genesee County Sheriff's Deputy James Stack.

December 31, 2018 - 3:20pm
posted by Billie Owens in Grand Jury, crime, news, notify, Stafford, Oakfield, pembroke, Darien.

Robert A. Maharrey is indicted for the crime of disorderly conduct. It is alleged that on Aug. 10, at the Darien Lake Performing Arts Center located in the Town of Darien Center, Maharrey engaged in fighting or with violent, tumultuous or threatening behavior by punching or striking a female patron in the face. In count two, he is accused of second-degree harassment for allegedly subjecting a female patron to physical contact, or attempting or threatening to do so. In count three, Maharrey is accused of disorderly conduct for allegedly engaging in fighting or with violent, tumultuous or threatening behavior with Live Nation Security staff members. In count four, he is accused of second-degree harassment for allegedly subjecting a Genesee County Sheriff's deputy to physical contact by spitting in his face. In count five, the defendant is accused of second-degree assault, a Class D violent felony, by allegedly intentionally preventing a Sheriff's deputy from performing a lawful duty and causing injury to the deputy. In count six, Maharrey is accused of assault on a police officer, a Class C violent felony, for allegedly intentionally preventing a second deputy from performing a lawful duty and causing serious physical injury to that deputy.

Jacob M. Balla Sr. is indicted for the crime of first-degree criminal contempt, a Class E violent felony. It is alleged that on Oct. 19 in the Town of Pembroke, in violation of an order of protection, that he struck, shoved, kicked or otherwise subjected the protected party to physical contact or attempted or threatened to do so. In count two, Balla is accused of second-degree harassment, a violation, for allegedly intentionally harassing, annoying or alarming the protected party by striking, shoving, kicking or otherwise subjecting the person to physical contact or attempting or threatening to do so.

Lashawn Brown-Dixie is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on Sept. 17 Brown-Dixie drove a 2016 Chevrolet on Interstate 90 in the Town of Stafford while having a BAC of .18 percent or more. In count two, she is accused of DWI, as a Class E felony, for the same incident. In Special Information filed by the District Attorney's Office, Brown-Dixie is accused of having been convicted of DWI, as a misdemeanor, on Dec. 14, 2010 in Town of Marathon Court, County of Cortland, and the conviction was within 10 years of the crimes alleged in the current indictment.

December 31, 2018 - 2:44pm
posted by Billie Owens in news, crime, notify, batavia, Oakfield.

Adam B. Thomas, 29, of South Main Street, Batavia, is charged with criminal possession of a controlled substance in the seventh degree and public appearance under the influence of a narcotic drug. At 10:19 a.m. on Dec. 28, the Genesee County Emergency Dispatch Center received the complaint of an intoxicated male operating an electric scooter inside a department store, causing a disturbance. Sheriff's deputies arrived and initiated an investigation into the complaint. The scooter operator was identified as Thomas and he was allegedly determined to be under the influence of a narcotic drug. Following a subsequent search, it is alleged that Thomas possessed a powdered substance that tested positive for the synthetic opioid fentanyl. He was taken to jail, processed and issued appearance tickets returnable to Town of Batavia Court on Jan. 17. The investigation was conducted by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Richard Schildwaster.

Matthew Hawkeye Pape, 27, of Lockport Road, Oakfield, is charged with first degree criminal contempt. At 1:30 a.m. on Dec. 29 following the investigation of a domestic incident on Lockport Road, Pape was arrested on the charge. He allegedly struck another individual in the head with a door, causing physical injury, thereby violating an order of protection issued by Town of Oakfield Court. Pape was arraigned and jailed in lieu of $5,000 cash bail. He is due in Oakfield court Jan. 4. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Sgt. Jason Saile.

Zachary Erin Brazzell, 20, of Alabama Street, Medina, is charge with: DWI -- first offense with a BAC of .08 percent or more; DWI -- first offense; no/inadequate headlamp; and unlawful possession of marijuana. Brazzell was arrested at 20 River St. in Batavia at 4:12 a.m. on Dec. 30 following a traffic stop. Brazzell was issued appearance tickets returnable to the City of Batavia Court on Feb. 6. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

December 26, 2018 - 6:24pm
posted by Howard B. Owens in crime, bergen, batavia, news, notify.
torres-acebedo0mug2018.jpg
     Torres-Acevedo

A 22-year-old Batavia man who was the subject of a manhunt at the end of November after he allegedly drove off with a teenage Bergen girl in a blue SUV, which prompted an Amber Alert, is back in Genesee County and may face federal charges.

Sheriff William Sheron said today that because Jose Guillermo Torres-Acevedo is suspected of taking the girl across state lines, the Sheriff's Office is working with the FBI to determine if Torres-Acevedo should be charged by federal authorities.

Locally, he's been charged with grand larceny, 3rd, and unauthorized use of a motor vehicle for allegedly stealing the Dodge Journey he is accused of using to transport the girl from her Bergen home.

He is being held in the Genesee County Jail without bail.

In November, Torres-Acevedo was arrested following an investigation by State Police and charged with endangering the welfare of a child. A judge issued a complete stay away order requiring Torres Acevedo to have no contact with the girl.

The morning of Nov. 29, Torres-Acevedo allegedly drove to the girl's home and picked her up. The Sheriff's Office was soon notified that the girl was missing and an Amber Alert was issued that afternoon.

The girl, authorities said, went with Torres-Acevedo willingly.

The girl and Torres-Acevedo were reportedly located that night at a Walmart in Mansfield, Pa., when authorities were able to ping the girl's mobile phone.

Torres-Acevedo was taken into custody and the girl was returned to her family in Bergen. Torres-Acevedo waived extradition and a deputy picked him up in Pennsylvania on Friday.

The suspect is scheduled to appear in Bergen Town Court next month to face charges stemming from his initial arrest by State Police.

December 26, 2018 - 3:26pm
posted by Billie Owens in crime, news, notify, batavia, pembroke.

Manuel Mendoza-Stymus, 20, of Ellicott Street, Batavia, (inset photo, right) is charged with: second-degree strangulation; fourth-degree criminal mischief; second-degree unlawful imprisonment; and endangering the welfare of a child. The charges stem from an altercation on Dec. 21 at an apartment on Ellicott Street in Batavia wherein the defendant allegedly choked another person, held that person down against their will and took their cell phone when the victim attempted to call police for assistance. The incident also took place in the immediate proximity of a 5-month-old infant. Mendoza-Stymus was arraigned in Batavia City Court and put in Genesee County Jail without bail. He was due back in court Dec. 24. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Lindsay.

Daniel E. King, 42, of Pembroke, is charged with petit larceny. He was arrested at 5:08 p.m. on Dec. 24 by troopers out of SP Batavia. Troopers were dispatched to Ye Olde Willow Bend Inn in the Town of Batavia for a larceny complaint. Upon arrival, the complainant advised troopers on scene that a green pickup truck pulled up next to the restaurant and tavern, then the front passenger exited the pickup and allegedly proceeded to steal a sign to the business. The registration and suspect description were provided to troopers and the information quickly led to the arrest of King. He was given an appearance ticket returnable to Batavia Town Court in January.

Emily D. Smith, 33, of Liberty Street, Batavia, is charged with third-degree assault and endangering the welfare of a child. Smith was arrested at 10 a.m. on Nov. 22 on Liberty Street on the charges and was issued an appearance ticket for Jan. 8 in Batavia City Court. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Zachary Vernon Donald Seeley, 22, of Central Avenue, Batavia, and Krista Swan, no age or address provided, are both charged with petit larceny. They were arrested at 8:56 p.m. on Dec. 18 on West Main Street in Batavia after Tops Friendly Market reported a larceny in progress to Batavia Police Department. Police responded and located the suspects, who matched descriptions provided by Tops employees. Numerous items totaling $306.81 in value were recovered. The defendants were released on appearance tickets and are due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Jamie Givens.

Iszon C. Richardson, 18, of Lewis Place, Batavia, is charged with trespass. He was arrested on Dec. 21 after he allegedly entered and remained on the property of another person on Jackson Street in the City of Batavia without permission at 9:20 p.m. Dec. 20. He was issued an appearance ticket and is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Christopher Lindsay.

Kiha S. McNear, 21, no permanent address, Batavia, is charged with: second-degree criminal contempt -- disobeying a mandate (arrest warrant); harassment in the second degree -- physical contact resulting in arrest warrant; and execution of a bench warrant. McNear was arrested on Dec. 19. All three charges stem from separate cases, all with warrants. The defendant was issued three appearance tickets and then released. McNear is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Eric Bolles.

Patrick M. Viscuso, 54, Evans Street, is charged with second-degree harassment and unlawful possession of marijuana. He was arrested at 4:33 p.m. Dec. 18 on Evans Street in Batavia following an incident wherein it's alleged that Viscuso struck another subject on the side of the face during an argument. Viscuso was allegedly also found to possess a small amount of marijuana at the time of his arrest. He was issued an appearance ticket and is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Jamie Givens.

Guillermo Jose Torres-Acevedo, 22, of Collegeview Drive, Batavia, is charged with third-degree grand larceny and unauthorized use of a motor vehicle. He was arrested on a warrant Dec. 21 following an investigation into an incident that occurred Nov. 29 at about 7 a.m. in the Town of Batavia. Torres-Acevedo allegedly stole a motor vehicle from a residence. He was arraigned in Batavia Town Court and jailed without bail.

Triton Adam Drock, 24, of East Main Street, Batavia, is charged with aggravated unlicensed operation of a motor vehicle in the third degree and failure to use headlights while operating windshield wipers. He was arrested on an outstanding Batavia City Court warrant issued for failure to appear on charges made Nov. 18. He was arraigned on Dec. 20 and is due in city court Jan. 17. The case was handled by Batavia Police Officer Kevin DeFelice.

December 24, 2018 - 11:26am
posted by Howard B. Owens in crime, news, batavia, walmart.

Two shoplifting suspects are running from Walmart.

They are described as white males. One is in a brown jacket the other in a green jacket.

A deputy is dispatched and Batavia PD asked to assist.

UPDATE 11:27 a.m.: Two males are stopped in the Auto Zone parking lot.

December 22, 2018 - 3:02pm
posted by Billie Owens in crime, news, notify, pembroke, elba, batavia, Pavilion.

The victim of a domestic incident responded to the Batavia Police Department and an investigation determined that Iszon Richardson (right inset photo) allegedly violated a complete stay away order of protection.

Richardson is suspected of holding the protected party at their residence on Jackson Street and refusing to allow them to leave.

A short time later, the Batavia PD received information that Richardson had returned to the protected party's residence and police responded. Police did not release the date of the incident, but put out this report on Friday (Dec. 21).

They located Richardson hiding and he was taken into custody and charged with: four counts of first-degree criminal contempt -- Class E felonies; three counts of second-degree burglary -- Class C felonies; and one count of unlawful imprisonment in the first degree -- also a Class E felony.

Richardson was arraigned in Batavia City Court and put in Genesee County Jail in lieu of $30,000 bail. He is to reappear in city court at a later date.

This case was investigated by Officer Christopher Lindsay, assisted by Sgt. Christopher Camp, Officer Mitchell Cowen, Officer Chad Richards and Officer Jamie Givens.

Steven William Barnhardt, 27, of River Road, Pavilion, is charged with second-degree aggravated harassment and fourth-degree stalking. At 12:15 p.m. on Dec. 21, Barnhardt was arrested on the charges. After meeting a female a week prior, he allegedly continued to send text and Facebook messages and call the female, who lives on Barrville Road in Elba, after being advised to have to further contact. Barnhardt was arraigned in Batavia Town Court and released under supervision of Genesee Justice. An order of protection was issued by the court. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus.

Gary David Doctor, 36, of Pembroke, is charged with: driving while ability impaired by drugs; unlawful possession of marijuana; driving left of pavement markings; having an unregistered motor vehicle; unauthorized sticker on rear window; and obstructed driver's view. On Dec. 20, Doctor was arrested on the charges, which stem from a motor-vehicle accident that occurred at 9:48 p.m. on Nov. 5 on Knapp Road in Pembroke. Doctor was released on an appearance ticket and is due in Pembroke Town Court on Jan. 22. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Damien M. Schoonmaker, 20, of Smith Street, Rochester, is charged with trespass. The defendant was arrested after allegedly driving around the property and racetrack of the Genesee County Fairgrounds at 1:43 p.m. on Nov. 30 without permission and causing ruts in the mud and grass. The case was handled by Genesee County Sheriff's Sgt. Ronald Meides.

December 21, 2018 - 4:19pm
posted by Howard B. Owens in crime, news, batavia, notify.

ellicottcasedec192018.jpg

gosierrashawn2018mug.jpg
     Rashawn Gosier

A man was taken into custody Monday night after a report of a fight and a stabbing at 337 Ellicott St., Batavia, has been charged with attempted murder.

Rashawn L. Gosier, 40, Shady Lane, Batavia, was also charged with assault in the first degree.

The arrest of Gosier comes after police were able to interview the victim, who was treated and released from a hospital in the region.

Police said the victim was "stabbed by a stabbing instrument." Public Information Officer Marc Lawrence confirmed investigators do not know at this time what type of sharp instrument was involved. The weapon has not been recovered.

After the report of the stabbing at 11:45 p.m. Monday, a man reportedly wearing a blue jacket was seen by an officer running from the scene.

Though the man ran from the scene, police believe he circled back and tried to hide in the basement of the house on Ellicott Street.

Some 15 or 20 minutes later, a man matching the description of the suspect, and later identified as Gosier, was taken into custody after crawling out of the basement window.

According to Lawrence, Gosier and the victim knew each other through a mutual acquaintance.

On his Facebook page, Gosier says he's originally from New Jersey. He was arrested earlier this year on a charge of petit larceny for allegedly stealing merchandise from Tops. He doesn't appear to have a prior felony record.

Lawrence said no further information is being released at this time because this is an ongoing investigation.

People with information that may assist in the investigation are asked to call Det. Matt Wojtaszczyk at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Previously:

December 21, 2018 - 2:20pm
posted by Billie Owens in crime, batavia, news.

The theft of a video game from under a Christmas tree at a lower apartment on Tracy Avenue is reported in the city. There was no sign of forced entry. Batavia police are responding.

December 20, 2018 - 1:31pm
posted by Billie Owens in Stafford, Le Roy, pembroke, crime, news, notify.

Justin Daniel Petrovic, 38, of Oak Ridge Drive, Victor, is charged with aggravated DWI, per se, with a BAC of .18 percent or more and no prior convictions; DWI -- first offense; and having an unsafe tire. At 8:14 p.m. on Dec. 16 on Main Road in Stafford, Petrovic was arrested after deputies checked on his vehicle, which was roadside. It is alleged that the defendant drove his vehicle on Route 5 when it became inoperable due to a flat tire. He was released on an appearance ticket and is due in Town of Stafford Court on Jan. 17. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Joshua Brabon.

Adam Richard Stone, 47, of Read Road, Pembroke, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; moving from lane unsafely; and operating a motor vehicle without an inspection certificate. At 6:54 p.m. on Dec. 16, deputies responded to Slusser Road in the Town of Pembroke for a one-vehicle accident. Following an investigation, Stone was arrested. He was issued appearance tickets and is due in Pembroke Town Court on Jan. 22. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Kyle Krzemien.

Kayne W. Probst, 24, of Lynn, Mass., is charged with one count of petit larceny, a Class A misdemeanor. Probst was arrested by the Le Roy Police Department on Dec. 13 after they received a complaint of a larcent that had just occurred at a local store. It is alleged that the defendant took merchandise from the store without paying for it. Probst was taken into custody without incident and was arraigned in the Le Roy Town Court. Probst was jailed in lieu of $500 bail and is due in Le Roy Town Court today (Dec. 20).

James O. Boughton, 18, of Chili Riga Center Road, Churchville, was arrested on Dec. 10 by the Le Roy Police Department and charged with unlawful possession of marijuana and disobeying a traffic control device, both violation-level offenses. While on patrol, Le Roy police allegedly observed the vehicle operated by Boughton pass through a red signal. Patrols executed a lawful traffic stop on Boughton’s vehicle, identified Boughton as the operator, and after a brief investigation allegedly found Boughton to be in possession of marijuana. Boughton was issued tickets and is to appear in the Le Roy Town Court on Jan. 17 to answer to the charges.

December 20, 2018 - 11:31am
posted by Howard B. Owens in crime, batavia, news, notify.

Le Roy PD, in cooperation with the county's STOP-DWI, conducted additional patrols this past weekend, which resulted in three arrests of people who are suspected of driving while impaired.

Late afternoon Saturday, Le Roy PD received a report of a woman who had driven to a local grocery store and appeared to be intoxicated.

Upon arrival, officers identified Linda B. Towner, 57, of Batavia, as the suspected driver. She was near a vehicle the officers believed she drove to the store. After further investigation, officers determined she allegedly drove the vehicle while intoxicated. She was taken into custody without incident and charged with DWI and driving with a BAC of .08 percent or greater.

That evening, patrols observed a vehicle moving at a high rate of speed in the Village of Le Roy. It also appeared that the driver’s view was obstructed. A traffic stop was initiated and the driver was identified as Scott M. Hoover, 46, of Bloomingdale, Ohio. After further investigation, Hoover was arrested and charged with DWI, driving with a BAC of .08 percent or greater, speeding, and driver's view obstructed.

Sunday evening, patrols observed the erratic operation of a vehicle. The car was moving in and out of its lane of traffic. At one point, the vehicle struck a curb and it also occupied two lanes at one time. Following a traffic stop, Jeremy J. Trzecieski was identified as the driver. Trzecieski, 42, of Pavilion, was charged with DWI, driving with a BAC of .18 percent or higher, consumption of alcohol in a motor vehicle, failure to use designated lane, and improper left turn.

Towner, Hoover and Trzecieski were all issued appearance tickets as the result of their arrests. All are to appear in the Le Roy Town Court on Jan. 17.

December 19, 2018 - 7:36pm
posted by Howard B. Owens in Michele Case, crime, bergen, news, notify.

At the close of yet another hearing on making restitution to her former employer, former Bergen resident Michele Ann Case made it clear how unhappy she is with HomeCare & Hospice, District Attorney Lawrence Friedman and The Batavian, accusing all of lying about her and defaming her good name.

Case called Friedman unethical. She said he had been duped by HomeCare & Hospice. Friedman, she also said, is just posturing for The Batavian, which she accused of libel.

"Then I want to go to jail and not pay any more restitution," Case told Judge Charles Zambito after Zambito warned her about her conduct. As she spoke, two deputies in the courtroom positioned themselves directly behind the chair she was sitting in.

She continued, "I don't want to see that man anymore," pointing at Friedman.

At the end of Case's rant, and before she could start again, Zambito adjourned the hearing.

Shortly after leaving the courtroom, Case emailed the following statement to The Batavian:

Please be advised that you have repeatedly printed lies about me on The Batavian and I hereby demand that you print an immediate retraction for your past 2 libelous posts. I also demand that you immediately cease & desist spreading falsehoods to the community I proudly served! Eventually, new evidence will exonerate me and implicate my former employer for falsely reporting a theft and insurance fraud and the DA will be brought up on ethics violations & prosecutor misconduct! 

Case has been in legal trouble in Genesee County since 2010 when she was accused of stealing more than $35,000 from an elderly patient. Those charges were eventually dismissed for reasons never officially disclosed by the court.

In 2011, she was accused of painting a mailbox that didn't belong to her, and later that year she was arrested and accused of bilking HomeCare & Hospice out of thousands of dollars by falsifying business records.

That case went to trial in 2012 and she was convicted by a jury but the conviction was overturned. An appeals court ruled that documents entered into evidence at trial were prejudicial and thereby denied Case her right to a fair trial.

Case was retried in 2014 and convicted again.

After the first conviction, a hearing was called to determine the amount of restitution Case owed HomeCare & Hospice and Judge Robert C. Noonan ruled that she would be required to pay $14,000.

Her attorney at the time tried to argue that restitution should be limited to the amount of money specified under the legal definition of third-degree grand larceny, which was $3,000.

Today, Case suggested that she has made restitution payments and that she owed no more than $2,500. It's not clear, but it appears Case believes The Batavian's prior reporting on the amount of restitution is libelous. Friedman said it was his impression that Case is claiming she's made sufficient payments to reduce the amount of restitution to $2,500. He said the court has been unable to confirm payments with officials in Niagara County, where Case now lives.

The issues currently in dispute about restitution, in this case, are whether Zambito has the authority to compel restitution and to set a payment schedule.

Since her second conviction, Case moved to Erie County and then Niagara County. Each time, her probation followed her into those counties. Public Defender Larry Ader, now representing Case -- though at the start of her rant in court this afternoon she told Zambito she was firing Ader -- said he believes that because Case was last on probation in Niagara County, and is no longer on probation. Ader maintains that only a Niagara County judge can issue a restitution order and that only the probation department in Niagara County can collect that restitution.

Zambito said he believes he has jurisdiction over restitution in this case and that he can order Genesee County Probation Department to collect the restitution.

Ader said it would be up to an appeals court to resolve the different views.

Prior to today, Case was supposed to supply a financial statement to help the court determine the amount of monthly payments, along with supporting documents. Friedman said the financial statement was delivered to his office late and that it only received any supporting documents 45 minutes prior to today's hearing. But with just a quick review of the documents, he said they appeared to be inadequate to support the financial statement.

According to Ader, Case hasn't been working while out on disability but should be cleared to work soon. In the meantime, her only source of income has been Social Security survivor benefits paid out on behalf of her 16-year-old child, who lives with her in Lockport. 

Friedman suggested a hearing might be needed so Case could be placed under oath to testify about her ability to make restitution payments. But after a conference with the Zambito and Ader at the bench, Zambito said he was going to order, for now, payments of $50 a month. That is the amount in the prior restitution order; they are to start at the beginning of the month.

Another hearing is scheduled 9:30 a.m., Jan. 7.

Previously:

December 19, 2018 - 5:45pm
posted by Howard B. Owens in crime, batavia, news, Ellicott Street, notify.

ellicottcasedec192018.jpg

Police have yet to locate a person who was reportedly stabbed during an incident Monday night at 337 Ellicott St., Batavia; there has, however, been an arrest related to the case.

Rashawn L. Gosier, 40, of Shady Lane, Batavia, is charged with attempted assault, 3rd.

Chief Shawn Heubusch said Gosier is accused of attempting to assault another person at the same address during the same incident.

He said the police have only limited information on the stabbing victim, so have not been able to locate him.

Police responded to 337 Ellicott St. at 11:40 p.m. Monday to investigate a report of a fight. 

A subject, believed to be Gosier, fled the scene, where police located a stabbing victim and called for an ambulance. Officers then pursued the fleeing subject down Swan Street to the area of the railroad tracks.

While officers were busy trying to apprehend the person who fled, the stabbing victim left the scene.

Gosier, matching the description of the fleeing subject, was located a short time later in the basement of the incident location and he crawled out of a basement window (bottom photo).

He was taken into custody without further incident. After being taken to headquarters he was issued an appearance ticket on the attempted assault charge and ordered to appear in City Court at 1 p.m., Jan. 1.

If anybody has information that can assist in the investigation, they are asked to call Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

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