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Grand Jury Report: Woman accused of trying to deal cocaine and Fentanyl in jail

By Howard B. Owens

Beth Ann Jeffers is indicted on two counts of promoting prison contraband in the first degree, a Class D felony, two counts of criminal possession of a controlled substance in the third degree, a Class B felony, one count of criminal possession of a controlled substance in the 4th degree, a Class C felony, and one count of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Jeffers is accused of introducing or being in possession of dangerous contraband while in a criminal detention facility, namely the Genesee County Jail at 14 West Main St., Batavia. She is accused of being in possession of cocaine, Fentanyl, both with the intent to sell it. She is also accused of being in possession of Pregabalin.

Attorney says video submitted under court order clears his client in gun incident on school grounds

By Howard B. Owens

A 21-year-old Batavia man accused of possessing a loaded firearm on school grounds turned over a short video -- under court order -- to the District Attorney on Wednesday that his attorney says will exonerate him.

The attorney, Zack Baisley, with an office in Gates, said his client authorized him to share information about the case with The Batavian after The Batavian reported his Grand Jury indictment on Thursday.

"My client is tired of seeing his name dragged through the mud for something he didn't do," Baisley said.

Delonta Rashid Sharif Curry was arrested in relation to an incident reported on Feb. 22, 2022, at 31 Washington Ave., Batavia, the location of St. Paul Lutheran School.  

Baisley was assigned to the case through the county's assigned counsel program (used when a public defender isn't available) to represent Curry.

Chief Shawn Heubusch declined to comment on the case given the ongoing nature of the investigation and pending criminal prosecution, and so far, Bataiva police have released little information about the case, so this narrative of events is based on information provided by Baisley without verification by Batavia PD.

At 8:30 p.m., according to Baisley, two girls went to the school grounds to fight, and there was a group of people there observing.  Two people, including his client, used their phones to video record the fight.

During the fight, somebody fired a weapon toward a group of people.  A person in that group, wearing a mask, returned fire.

No injuries were reported as a result of the incident.

Batavia PD investigators arrested Curry in October, and a grand jury indicted him this month on counts of criminal possession of a weapon in the second degree, a Class C violent felony, and criminal possession of a weapon on school grounds, a Class E felony. 

Baisley said his client had offered a snippet of the video he claims to have recorded during the incident, but police asked for the entire one-minute and 36-second video.  Curry declined to share the entire clip. In response to a subpoena, Curry and Baisley provided the entire video to the District Attorney.  Baisley believes Investigator Jason Ivison has since received the video and is reviewing it for evidence.

The video will show, Baisley said, along with a corroborating surveillance video from the school, that Curry was clearly not the person in the crowd with a gun.  He said Curry's voice can be heard on the video, and another person can be seen talking with him.  The surveillance, which was taken some distance from the incident, shows two people with phones making videos, and neither is the shooter. 

"I believe, ultimately, the DA will wind up dropping the case against my client," Baisley said.

Also arrested in connection with the incident was Lorenzo J. Baker, 19, of Batavia. Baker is facing a Grand Jury indictment on counts of attempted first-degree assault, three counts of second-degree criminal possession of a weapon and first-degree reckless endangerment.

He was arrested in April following a traffic stop that was followed by an Emergency Response Team raid of his residence at 36 Dellinger Ave. Officers reportedly found a loaded .32 caliber revolver in his possession.

Law and Order: Woman from Rochester with several prior bench warrants, arrested again

By Howard B. Owens

Jessica L. Holtz, 39, of Austin Street, Rochester, was arrested on two bench warrants out of City Court. The first bench warrant stems from a petit larceny charge at Kwik Fill, 99 Jackson St., on Nov. 18, 2021. She was issued an appearance ticket at the time of her arrest on Nov. 27, 2021. She was subsequently arrested for alleged failure to appear on Feb. 2, 2022. She was arraigned in City Court and released. She was subsequently arrested on May 1 for alleged failure to appear. She was arrested again on Jan. 29 for alleged failure to appear and arraigned in Centralized Arraignment Court, release status unknown.   The second warrant stems from a petit larceny from a church on South Swan Street on Nov. 27, 2021. She was arrested on a warrant on Feb. 2, 2022, arraigned in City Court and released. She was arrested on May 1 and on Jan. 29 for alleged failure to appear on that charge. She was again arrested on March 11 on both warrants. She was arraigned in Centralized Arraignment Court. Her release status is unknown.

Alexandro Rodriguez, 26,  of East Main Street, Batavia, is charged with criminal contempt 1st. Rodriguez allegedly violated an order of protection during a disturbance at a location on East Main Street on March 9 at an undisclosed time. He was arraigned in City Court on his own recognizance.

James N. Laurich, 37, of Buffalo Road, East Aurora, is charged with DWI, aggravated unlicensed operation 3rd, unlicensed driver, and open alcohol container in a motor vehicle. Laurich was arrested by Officer John Gombos on March 11 following an investigation into a disturbance at an undisclosed location and an undisclosed time. Laurich was stopped on Washington Avenue. He allegedly failed a field sobriety test. He was processed at Batavia PD and issued traffic tickets.

Carolyn L. Kurek, 80, of State Street, Batavia, is charged with harassment 2nd. Kurek is accused of shoving another person during a disturbance on State Street at an undisclosed time on March 10. She was issued an appearance ticket.

Shawn Lewis Anderson, 42, of Linwood Road, Le Roy, is charged with DWI, unregistered motor vehicle, unlicensed operation, uninspected motor vehicle, and moving from lane unsafely.  Anderson was arrested following an investigation by Deputy Travis Demuth into a single-vehicle rollover accident on Linwood Road at 1:51 p.m. on March 14. Anderson was issued traffic tickets.

Steven Andrew Wasielewski, 39, of Phelps Road, Pembroke, is charged with criminal contempt 1st and assault 3rd. Wasielewski is accused of violating an order of protection and hitting another person, causing an injury at 10:07 p.m. on March 19 at a location on Phelps Road in Pembroke. His release status was not provided.

Mark Samuel Robbins, 41, of South Lake Avenue, Bergen, is charged with two counts of harassment 2nd.  Robbins is accused of shoving one person and striking another during a disturbance reported at 9:44 p.m. on March 16 at a location on South Lake Avenue, Bergen.  Robbins was issued an appearance ticket.

Grand Jury Report: Man accused of possessing gun on school grounds in Batavia

By Howard B. Owens

Delonta R. Curry is indicted on counts of criminal possession of a weapon in the second degree, a Class C violent felony, and criminal possession of a weapon on school grounds, a Class E felony. Curry is accused of possessing a weapon on school grounds in the City of Batavia on Feb. 22 with the intent to use the weapon against another person.

James J. Santiago Jr., is indicted on one count of failure to register a change of address as a sex offender, a Class E felony. Santiago is accused of failure to notify the NYS Division of Criminal Justice of a change of address within the required 10 days for a registered sex offender in July.

Isaac C. King is indicted on counts of criminal contempt in the first degree, a Class E felony and aggravated family offense, a Class E felony. King is accused of making repeated phone calls to a victim in violation of a court order in December in the Town of Pembroke.

Jarrod K. Fotathis is indicted on counts of grand larceny in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, criminal possession of stolen property in the fourth degree, a Class E felony, petit larceny, a Class A misdemeanor, and unlawful possession of personal identification in the third degree., a Class A misdemeanor. Fotathis is accused of stealing a credit card in the City of Batavia on Sept. 2. He is also accused of stealing cash from the same victim. In a second indictment, Fotathis is indicted on counts of identity theft in the second degree, a Class E felony and petit larceny, a Class A misdemeanor. Sometime on Feb. 3 or Feb. 4, Fotathis allegedly used a person's identity of a second victim to make purchases of $670.77 using that person's debit card. He also allegedly stole an Amazon Fire Stick. 

Jeffrey A. Hewitt is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony, aggravated unlicensed operation in the first degree, a Class E felony, criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, and driving while ability impaired by drugs. On Sept. 25, Hewitt was allegedly found in possession of a metal knuckle knife. On that date, he was allegedly driving a 2009 Infinity while his driving privileges were suspended or revoked. He was allegedly found in possession of cocaine. 

Rufus G. Johnson is indicted on a count of burglary in the third degree, a Class D felony, and two counts of petit larceny, a Class A misdemeanor. Johnson is accused of entering Walmart at 4133 Veterans Memorial Drive on Oct. 8 with the intent to commit a crime inside the building. He is accused of stealing property while inside the store.

Johnnie M. Waston is indicted on a count of criminal mischief in the third degree, a Class E felony. Waston is accused of damaging the windshield of a 2017 Nissan Murano belonging to another person on July 21.

Jason S. Neth is indicted on counts of unlawful imprisonment in the first degree, a Class E felony, and leaving the scene of an incident without reporting, a Class E felony.  Neth is accused of restraining a person under circumstances that exposed the person to risk of serious physical injury in the Town of Darien on June 11. He is accused of operating a motor vehicle and having caused serious physical injury to another person and leaving the scene.

After five-hour standoff, suspect charged with felonies, held in jail

By Howard B. Owens

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Anthony Armstrong

A suspect in a five-hour standoff at 46 Walnut St., Batavia, on Monday night,  is accused of taking a hostage and wielding a knife while barricading himself in an apartment he didn't live in.

Anthony Armstrong Jr., 34, of Rochester, is charged with burglary in the first degree, a Class B felony, unlawful imprisonment in the first degree, a Class E felony, criminal possession of a weapon in the third degree (a prior conviction) a Class D felony, menacing in the second degree, a Class A misdemeanor, and three counts of criminal mischief in the fourth degree, a Class A misdemeanor.

The incident began at 5:08 p.m. with a hang-up 9-1-1 call.

When officers arrived at the location of the call, they learned Armstrong and a tenant in the complex were arguing and the tenant wanted Armstrong removed. While officers were interviewing the caller, Armstrong entered another apartment without permission of the resident and barricaded himself inside, holding the resident against the person's will. 

Armstong is accused of being armed with a knife. He reportedly made threats to harm himself and placed the victim in fear.

While inside, he allegedly damaged property and refused to allow the victim to call for help.

The Emergency Response Team and Crisis Negotiations Team were dispatched, and Sheriff's deputies responded to assist.

The New York State Police assisted, and the SWAT unit from Monroe County was requested to the scene.

An ERT member began making regular announcements over the unit's loudspeaker system, informing the suspect that he was under arrest and needed to exit the building with his hands in the air.

The victim managed to escape the apartment through an upstairs window and was helped to safety by officers.

Shortly after 10 p.m., officers were able to enter the apartment and take Armstrong into custody.

Armstrong was taken to a Mercy EMS ambulance and transported to UMMC for evaluation.  He was then taken into police custody and arraigned in City Court. He was ordered held in the Genesee County Jail.

A statement from police reads, "The City of Batavia Police Department wishes to thank the Genesee County Sheriff's Office, Genesee County 911 Center, Mercy EMS, City of Batavia Fire Department, Monroe County Sheriff's Office, New York State Police, Genesee County Office of Emergency Management and Genesee County Mental Health for their assistance in helping to bring this situation to a safe resolution."

Previously: ER Team on site issuing an arrest to person inside Batavia residence

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ER Team on site issuing an arrest to person inside Batavia residence

By Joanne Beck

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An Emergency Response Team is on-site at a residence on Walnut Street in Batavia and has issued repeated warnings to an occupant that "you are under arrest."

"Exit the residence immediately," a member of the team said through a public address system around 8:40 p.m. Monday. 

The occupant cannot be seen inside the property.

Law Street and the roundabout are closed to traffic. 

UPDATE 10:26 p.m.: Press Release

Currently the City of Batavia  Police Department, along with other law enforcement agencies, are investigating an incident on Walnut Street that began at approximately 5 p.m.

Initial call to the Genesee County 911 Center was a 911 hang-up call. Upon investigation by our officer it was determined that a crime was in progress. Officers attempted to interview an individual, however the individual retreated into an apartment and barricaded themself inside. The individual was armed with a weapon at the time of contact.

At this time all tenants of the apartment house have been evacuated and there is no threat to the general public. Officers are actively trying to negotiate with the individual to get them to surrender peacefully. All residents in the area are asked to remain indoors until the incident is resolved.

Further information will be released when the incident is brought to a resolution.

UPDATE 10:28 p.m.: Suspect is in custody and being treated in an ambulance on site. 

UPDATE 10:35 p.m.: Press Release

 At approximately 10 p.m. a male suspect was taken into custody.  The investigation is ongoing and the Batavia Police Department will release more information as it becomes available.

UPDATE 12:10 a.m. (By Howard Owens): Shortly after 5 p.m. on Monday, police were dispatched to 46 Walnut St., Batavia, following a 9-1-1 hang up call. The first officers on the scene determined a possible crime was in progress. Officers attempted to interview an individual at the address. The individual retreated into a second-floor apartment and barricaded himself or herself inside.  Police report the individual was armed with an unspecified weapon.  All of the tenants of the complex were evacuated.  Police stated during the incident that there was no threat to the general public. Officers attempted to negotiate with the individual.  The Emergency Response Team was dispatched. Batavia PD also deployed its MRAP. Eventually, the Monroe County SWAT unit also arrived on scene with two armored vehicles. Genesee County Emergency Management responded with its command unit. Emergency Management deployed its drone over the scene. A K-9 was also observed at the scene. Negotiators from Batavia PD and the Sheriff's Officer were on scene. At about 10 p.m., the subject was taken into custody. The process by which he was taken into custody is not known at this time and was not visible to a reporter observing the scene. The charges against the individual, if any, have not been released at this time.  After the subject was in custody, he was placed in a Mercy EMS ambulance for evaluation.  It's unknown if the subject was taken to a hospital.

The Batavian's exclusive photos from the scene by Howard Owens.  The photos show the SWAT team from Monroe County outside 46 Walnut St., Batavia.

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Oddey, the overdosed bulldog, adopted, animal abuse case resolved

By Howard B. Owens

After multiple inquiries, The Batavian has learned that animal abuse charges against Cassandra Elmore have been resolved, and the dog she was accused of allowing to ingest narcotics has a new home.

Elmore had actually entered a guilty plea, as part of a plea agreement, to disorderly conduct on Feb. 2, a month before our last story on the case, but nobody associated with the case informed The Batavian of the plea when we inquired about the status of the case.

Oddey, Elmore's former French Bulldog, was adopted the same day as when the article ran, March 3, and The Batavian's inquiry to a member of Volunteers for Animals about the dog's status also went unanswered.

Elmore entered her plea and was granted a conditional discharge, meaning that if she avoids any further arrests and complies with court orders for the next year, her record on these charges will be sealed.

Elmore, 30, was arrested in July and had faced three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Batavia PD is currently trying to locate Elmore, who has warrants out for her arrest after she was released from custody after being picked up on prior warrants, in order to go to a treatment facility. She reportedly never showed up at the facility.

The warrants are for charges that arose after her arrest on the animal charge.  She is facing ongoing criminal complaints on charges of obstruction of governmental administration 2nd, aggravated unlicensed operation 3rd, criminal possession of a weapon 4th, criminal use of drug paraphernalia 2nd, as well as failure to comply with a court-ordered program.

Law and Order: Man accused of pointing rifle at juveniles

By Howard B. Owens

Douglas M. Ashworth, 48, of Vine Street, Batavia, is charged with menacing. Ashworth is accused of pointing a rifle at two youths on Oct. 9 on Vine Street in Batavia and placing the individuals in reasonable fear of injury or death. He was arrested on Feb. 28 and issued an appearance ticket.

John J. Saddler, 35, of South Main Street, Batavia, is charged with burglary 2nd, aggravated criminal contempt, grand larceny 4th, and petit larceny. Saddler is accused of entering the home of a person projected by a court order and stealing property, including an NYS benefits card and then using the card at a local business. He was arraigned in City Court and jailed until his next court appearance.

Sarah A. Malone, 40, of Graham Street, Batavia, is charged with theft of services and criminal impersonation 2nd. Malone is accused of dining at a restaurant in the City of Batavia on Feb. 21 and leaving without paying for her meal. Once located, Malone allegedly provided officers with a fake name and date of birth. She was issued an appearance ticket.

Ariel N. Pontillo, 32, of Washington Avenue, Batavia, is charged with DWAI drugs and failure to keep right. Pontillo was stopped by Officer Joseph Weglarski at Main and Court streets in the City of Batavia on Feb. 25.

Michael E. Wilson, 29, of East Main Street Road, Batavia, is charged with DWI and insufficient tail lamps. Wilson was stopped at 2:32 a.m. on Feb. 26 on East Main Street in Batavia by Officer Joseph Wglarski. Wilson was issued an appearance ticket.

Rebecca R. Fugate, 22, of Woodrow Road, Batavia, is charged with harassment 2nd. Fugate is accused of striking another resident of a residential care home in Batavia on Feb. 24. She was issued an appearance ticket.

Heather L. Armstrong, 46, of Ellicott Street, Batavia, is charged with harassment 2nd. Armstrong was arrested on Feb. 28 following a report of a disturbance at a business in Batavia. She was issued an appearance ticket.

Brittany L. Hollaert, 26, of St Paul Street, Rochester, is charged with failure to appear. Hollaert is accused of failing to appear in court as ordered on charges of grand larceny 3rd, petit larceny, and criminal trespass charges. She was released on her own recognizance and admitted into a drug treatment facility. Her case will be transferred to SAFE Court.

Grant J. Fremstad, 22, of Ekern Street, Westby, Wis., is charged with DWI, driving with a BAC of .18 or greater, improper lane usage, and open container. Fremstad was stopped at 2:23 a.m. on March 5 on East Main Street by Officer Joseph Weglarski. Fremstad was released on an appearance ticket.

Demerio J Watts, 38, of Eggert Road, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, and failure to signal. Watts was stopped at 1:18 a.m. on Ellicott Street in Batavia by Officer John Gombos. He was issued an appearance ticket.

Phillip D. Byford, 32, of Brockport Spencerport Road, Sweden, was arrested on City Court bench warrants. The first warrant for an alleged petit larceny on Jan. 24, 2020. He was issued an appearance ticket and allegedly failed to appear in court. The second warrant was for an alleged petit larceny also reported on Jan. 24, 2020. He is accused of failure to appear on an appearance ticket. The third warrant is for a charge of criminal trespass 2nd at a location on East Main Street, Batavia. He was issued an appearance ticket and allegedly failed to appear.  He was arraigned in City Court and ordered to appear at a later date.

Myia N. Sobus, 19, of South Pearl Street, Oakfield, and Timothy J Alis, 18, of Park Road, Batavia, are charged with petit larceny. Sobus and Alis are accused of filling a shopping cart at an undisclosed store (UPDATE: Through court records, The Batavian confirmed the location was Tops) in Batavia with $897 in merchandise and leaving the store without paying for the items. They were released on appearance tickets.

Shawn M. Sloan, 38) of Porter Avenue, Batavia, is charged with petit larceny and criminal trespass 2nd. Sloan is accused of entering an apartment on Bank Street, Batavia, on March 3, and stealing a kitchen utensil. Sloan was released on an appearance ticket.

Shannon B. Harder, 38, of Bowen Road, Attica, is charged with DWI, unsafe turn, speed in zone, and failure to keep right. Harder was stopped on Center Street, Batavia, on March 8, by Officer Sam Freeman. She was released on an appearance ticket.

Brian Eric Dagar, 37, of Oak Orchard Road, Elba, is charged with petit larceny. Dager is accused of shoplifting at Walmart in Batavia on Feb. 26. Dagar was arraigned in Town of Batavia Court and released.

Evan Francis Maynard, 22, of West Main Street, Batavia, is charged with petit larceny. Maynard is accused of shoplifting from Target in Batavia on March 2. He was processed at the Genesee County Jail and released.

Jeanna Marie Hattaway, 36, of Park Road, Batavia, is charged with two counts of criminal possession of a controlled substance 7th and aggravated unlicensed operation 3rd. Hattaway was allegedly found in possession of multiple controlled substances during a traffic stop conducted by Sgt. Kyle Krzemien at 3:38 a.m. on March 3 on Lewiston Road, Batavia. She was released on an appearance ticket.

LeeAnna Krull, 53, of West Main Street, Batavia, is charged with promoting prison contraband 1st and promoting prison contraband 2nd. Krull was allegedly found in possession of a controlled substance while inside the Genesee County Jail on March 1 at 4:07 p.m. She was arraigned in Centralized Arraignment Court and ordered held.

Beglervoic Denis Ikonic, 20, of East Ridge Road, Rochester, is charged with petit larceny. Ikonic is accused of shoplifting from DIck's Sporting Goods on March 5 at 4:30 p.m.  He was released.

Marie Tiffany Walter, 31, of Putnam Road, Bethany, is charged with petit larceny. Walter is accused of shoplifting from Walmart. She was released on an appearance ticket.

Zachary Austin Laird, 26, of Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, and criminal mischief. Laird is accused of damaging property at a location on Bethany Center Road at 8:15 p.m. on March 1. He allegedly left the scene and drove back while intoxicated. He was arrested by Deputy Nicholas Chmoun and Deputy Kenneth Quackenbush and was held in the Genesee County Jail pending arraignment.

Jeffrey M. Schneider, 44, of Alexander, is charged with DWI. Schneider was stopped by State Police at 7:50 p.m. on March 11 in the Town of Alexander. He was released to a third party.  No further information released.

Attorneys grapple over interpretation of law and facts in Scott Doll motion hearing

By Howard B. Owens
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An attorney for Scott Doll, convicted of murder in 2010, thinks there are questions about the case that deserve answers, but the looming question is whether he convinced a judge in Genesee County on Friday that the law allows for those questions to be asked in a hearing.

"We have too many questions in this case, too many whys," said Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, near the end of a nearly 90-minute hearing before Judge Sanford Church. 

"Scott Doll was sentenced to 15 years to life. He has served 13 years in prison. There are questions about significant evidence, whether it was collected or not, and questions about DNA at the scene when the theory of the prosecution was that Scott Doll was the sole person who committed the crime.

"There is some evidence of another person present," he added. "There is an unknown footprint in the snow.

"We should be interested in the answers to these questions. We shouldn't have these questions floating around in a case as serious as this, what was or was not collected when it was testified that it was? Why was there DNA there that is not the victim's and not Mr. Doll's? We're not sure. There is absolutely enough evidence and enough questions as to what happened in this case to warrant a hearing."

Whether there is enough evidence, and new evidence at that, to warrant a hearing under Criminal Procedure Law Article 440 is one of the questions that Church must answer.  

Deal and Assistant District Attorney William Zickl provided him with passages from the statute that seem contradictory.

On one hand, Church shouldn't decide whether the evidence that might be presented at a hearing would lead him to overturn Doll's conviction. There is case law that says that the quality of the evidence shouldn't be the deciding factor. The language of 440 says he can order the hearing purely "in the interest of justice." 

On the other hand, Zickl argued, the defense failed to make the case that there is any basis to hold a hearing under the language of the statute.  The pleading is deficient in substance and substantiation and therefore fails to meet the standards to proceed with the motion, according to the language of CPL 440.

Doll, 60, formerly of Corfu, was convicted in a jury trial of murder in the beating death of former business partner Joseph Benaquist. During the trial and for the past 13 years, Doll has maintained he didn't kill Benaquist.  He wants a chance to prove to a new jury that there is evidence that somebody else was at the scene of the murder before he arrived and found Benaquist already dead.

Church, who is a judge in Orleans County, is hearing the case because County Court Judge Melissa Lightcap Cianfrini recused herself over a conflict of interest.  She formerly worked in the District Attorney's Office at the time of Doll's trial and subsequent motions.

The new facts Deal is asking Church to consider as new evidence is an apparent admission by Scott LaPoint, a deputy medical examiner in Monroe County, that it was policy and normal procedure to collect fingernail scrapings from a victim in a murder case. That didn't happen in the Doll case.  

Also, Deal says, new DNA tests of one of Doll's family members and two of Benaquist's do not match third-party DNA found on one of the victim's boots.

Deal is trying to thread a needle, and Church asked some seemingly skeptical questions.

A motion to vacate Doll's conviction must be based on new evidence.

In 2016, a motion to vacate was made on the discovery that, contrary to LaPoint's testimony at trial, no fingernail scrapings were taken from Benaquist. Based on defense motions during the appeal process, new testing of the blood-spattered clothing from the crime scene was ordered by Judge Robert Noonan.  That led to the discover of DNA that apparently matches neither Doll nor Benaquist.

So, the jury did not know that there were no fingernail scrapings taken from Benaquist and the jury did not know that about the possibility of third-party DNA at the scene of the crime.

That motion to vacate based on these then-new discoveries was rejected by then interim County Court Judge Michael F. Pietruszka on the ground that if the new evidence had been available to the jury, it wouldn't have led to an acquittal for Doll.

Doll lost subsequent appeals of Pietruszka's decision.

Since those two facts have been adjudicated, they can no longer be considered "new evidence."

That leaves Deal arguing that what Pietruszka didn't know at the time of his decision was that, by policy and procedure in the Monroe County Medical Examiner's Office, LaPoint should have collected fingernail scrapings. The fact that LaPoint didn't, despite the policy and usual practice, raises a question as to why, and that question deserves an answer that can only be obtained in a hearing, Deal reasoned.

Church wanted to know if Deal was implying something underhanded went on in the case, and Deal walked carefully around that question.

"What we need is a hearing to fully explore what happened with that evidence," Deal said. "Why wasn't it collected? What if anything is going on, or is it something else? We don't know, and we should know. This is a man's life."

Church accused Deal of a fishing expedition, and Deal said that isn't the case. 

"If we have a hearing, Mr. LaPoint comes in and testifies under oath, bringing his notes, bring whatever else might be related, to help his recollection," Deal said.

The DNA comparison from relatives of the defendant and victim is significant, Deal said, because it means some person unknown to the defendant was at the scene of the murder, substantiating Doll's claim that he wasn't there at the time of the murder.

According to Zickl, none of this represents new evidence; to the degree that it does or might, it is of minimal importance, he said.

First, Zickl argued that Deal's motion is insufficient on technical grounds. The information from LaPoint about policies and procedures isn't in the form of an affidavit, and the same is true of the new DNA results.

"It is required that the defendant support his motion and substantiate all essential facts of his claim," Zickl said. "That substantiation has not occurred based on these papers."

Beyond that, even if Doll were granted a new trial and LaPoint testified that yes, fingernail scrapings should have been taken, and no, they weren't, and he didn't know why, that wouldn't persuade a jury to reach a different verdict faced with the overwhelming physical evidence of Doll's guilt.

The jury heard testimony in 2010 that the fingernail scrapings were not tested for DNA. The only thing that's changed is that LaPoint was mistaken, Zickl said, in testifying that fingernail scrapings were taken when they were not.

The defense had the opportunity before the trial to request a test on the scrapings. The defense did not make such a request.

Benaquist was murdered, beaten to death, on Feb. 16, 2009, in the driveway of his home in Pembroke. Before his body was found, a deputy came across Doll walking on South Lake Road in a jumpsuit covered in blood.  At trial, a blood spatter expert testified that the patterns of blood on Doll's clothing and face were consistent with an assault on another person.

Deal has noted that Benaquist had defensive wounds on his hands, but Doll was found to have sustained no injuries the night of the murder.

As for the third-party DNA, Zickl said the Medical Examiner's report does not conclude that the DNA comes from blood and that it is mixed in with Benaquist's blood.  It's not as clear cut as Deal asserts that there was third-party blood on Benquist's boot.

Deal wants a hearing, also, so the DNA sample can be submitted to a national crime database to see if it matches anybody in that database.  That would answer the question, perhaps, of who else was at the murder scene, Deal said. Zickl said the fragment of DNA isn't of sufficient quality for that kind of test. Deal said it was sufficient enough to know it didn't match the family members tested.

Zickl said, based on Noonan's order during the previous appeal, that the defense requested dozens of new areas on clothing be tested.

"Out of the dozens of areas, this one area produced this fragment of DNA that could not be attributed to the defendant or the victim, though Joseph Benaquist is a major contributor of the sample that includes this biological substance. We don't know how, why, or even what this biological substance comprised."

Deal said in his papers and mentioned it again during Friday's hearing that a blood splatter expert has stated the DNA sample could have only arrived on Benaquist's boot at the time of a struggle. 

Zickl implicitly disputed that claim.

"There is so much not known about this fragment," Zickl added. "We don't know when it was deposited, who, or what it is."

Despite Zickl's insistence that the abundance of evidence points to Scott Doll's guilt and nothing new has been presented that would suggest he didn't kill Joseph Benaquist, Deal maintained that Doll deserves a legally substantiated answer to the questions that still dangle in the case.

"When you stand back and look at all the pieces, there are good reasons to believe that someone else was at this crime scene when this crime occurred," Deal said.

Many members of Doll's family attended the hearing. After the hearing, Dawn Doll, Scott's step-sister, leaned over to a reporter and said, "There is a murderer out there who is free."

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

Scott Doll takes another swing at overturning his 2010 murder conviction

By Howard B. Owens

mug_scott-f-doll_1.jpg

NOTE: Story updated at 10 a.m. to include additional background on the murder.

In the nearly 13 years since his conviction for murder in the second degree in the bludgeoning death of his former business partner Joseph Benaquist, Scott F. Doll, now 60 years of age, has filed multiple appeals.

A judge will consider whether he can proceed with a new motion to vacate his May 2010 conviction at a hearing on Friday.

Shortly before 9 p.m. on Feb. 16, 2009, Doll was found by Deputy James Diehl walking on North Lake Road, Pembroke. Doll had what appeared to be blood on his clothing. Later blood was also found on a vehicle he had been driving. At trial, a blood spatter expert testified the pattern of blood on Doll's clothing and face was consistent with a physical altercation.

Sheriff's investigators responded, and Doll was detained and questioned.  Investigators felt convinced there was a human victim of a crime and wanted to know where that victim might be.

At 1:30 a.m., Benaquist's body was found in the driveway of his home. He had suffered head trauma, and there was a substantial amount of blood at the scene.

While investigators concluded a weapon had been used to beat Benaquist, no weapon was ever recovered.

Doll was prosecuted by now-retired District Attorney Lawrence Friedman, and Doll's lead defense attorney was Paul Cambria. The jury trial lasted from May 3 to May 20, 2010.  Doll was sentenced on July 2, 2010, by Judge Robert Noonan, now retired, to 15 years to life.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed this latest motion on Doll's behalf on Oct. 19.

The motion, which must show there is new evidence not available at trial, is largely based on an investigation conducted by a private investigator, Tony Olivio, of Buffalo, that included interviewing 18 witnesses, the review of hundreds of pages of police reports and documents, and collecting DNA samples from family members of Doll and Benaquist.

Deal argues that Monroe County Medical Examiner Scott F. LaPoint mistakenly testified at trial in 2010 that fingernail clippings from Benaquist were examined for evidence. That isn't new evidence. That issue was raised by Doll in a 2016 appeal, which he lost.  What is new, apparently, is that Olivio interviewed LaPoint as part of his investigation, and LaPoint had no clear explanation for why standard procedure wasn't followed in this case.

There was also third-party DNA found on the boot of Benaquist, a fact not discovered prior to Doll's murder trial. This, too, was part of the 2016 appeal.  The new evidence appears to be DNA tests that eliminate one of Doll's family members and two of Benaquist's family members as potential participants in the murder. It's not the DNA of any of these three people at the scene, making it likely, Deal argues, that an unknown person was at the scene when Benaquist struggled with his assailant.  

According to Deal, the fact that it wasn't a family member indicates it was somebody unknown to Doll, lending credence to the suggestion that Doll wasn't even at the scene at the time of the murder.

While forensic evidence indicates, Deal states, that Benaquist struggled with his assailant, Doll suffered no injuries the night of Feb. 19, 2009. 

The 2016 appeal was heard by interim County Court Judge Micheal F. Pietruszka. According to Deal, Pietruszka erred in his ruling by stating that the DNA sample was found on Doll's clothing and, therefore, would not have altered the jury's decision.

Pietruszka's ruling was appealed, and Doll lost each appeal.

Assistant District Attorney William Zickl states in his answering statement that there is really nothing new in this new motion.

"These claims are no more than a repacking and rebranding of the defendant's previous arguments, culled from his 2016 motion to vacate, which were rejected by the Genesee County Court and the Appellate Divison, Fourth Department, as well as the Court of Appeals," Zickl states. "Because no new evidence or circumstances have been identified by the defendant in this instant motion which would complete, or even suggest, that a new trial should be ordered, his application should be summarily denied."

Deal wants the third-party DNA sample sent to a national criminal DNA database, which could uncover a possible match with a person in the database, a motion opposed by the District Attorney's Office.

Zickl states that the conversation between Olivio and LaPoint sheds no new light on the case.  The DNA evidence, including the DNA tests of relatives, could have been presented at trial if the defense had made a motion to get all the DNA evidence from Benaquist's boot (the DNA spot wasn't discovered until more testing was ordered as part of the appeal process in 2015). 

The defense could have also uncovered at trial, with more diligence, that fingernail clippings were not taken by the Medical Examiner's Office, according to Zickl.

"Even if the evidence were admitted at trial, it would serve to merely impeach or contradict the previous testimony of Dr. LaPoint," Zickl states.

"The defendant has not established a possibility, let alone a probability, that this new evidence would have changed the result of the trial," Zickl continues. "At trial, the defendant took full advantage of the argument that the investigation was fatally flawed because the people did not request DNA testing of the victim's fingernail scrapings, which were believed at the time to exist. It strains logic to suggest now that there would have been any greater impact upon the jury had the defendant been able to argue that the investigation was fatally flawed because the Medical Examiner's Office had neglected to take the scrapings in the first place."

In a response to Zickl's argument, Deal takes issue with "the people's" position that the third-party DNA is "partial" or "minor" and that it may not even be from blood.  He said the Medical Examiner's report indicates it was blood, and a blood splatter expert said it could have only landed on the boot during a struggle between Benaquist and his assailant. 

As for the opportunity to have obtained the DNA sample before trial, that simply wasn't logically possible, Deal argues.

"The idea that somehow the defendant would know of that exact spot (that particular couple of centimeters) on the boot to be tested, as opposed to all of the other blood-drenched items -- and then would have discovered it before -- is particularly unreasonable. 

Deal believes that the new evidence combined with other facts that could be presented at trial could lead to a more favorable outcome for his client.

"This court is reminded that this is a circumstantial evidence case," Deal writes in his brief. "A crucial fact ignored by the people below is that there was a shoeprint in the snow found in the driveway where the victim was found, which was determined not to be from either the defendant or the victim.  A jury hearing new information about a third party's DNA being on the victim's clothing along with the discovery of a mysterious footprint at the crime scene, on top of the Medical Examiner's malfeasance, when combined with the fact that the 220-pound victim had defensive injuries on his hands while Mr. Doll suffered absolutely no injuries would certainly never be so unfazed as Judge Pietruszka would have us believe."

Doll, now housed at the Hudson Correctional Facility, has consistently maintained his innocence. He is eligible for his first parole hearing in December 2024.

Judge Sanford Church, of Orleans County, is hearing the motion because of Genesee County Judge Melissa Lightcap Cianfrini's conflict of interest in the case.  She was an ADA in the District Attorney's Office during the trial and subsequent appeals.

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

Bail reform blamed for two men leading police on chase shortly after release

By Howard B. Owens
Evan Vanskiver Adam Montes

Two Monroe County men are again out of custody, released within the same 24-hour period that their alleged crime spree started, apparently because a local judge had no authority to set bail.

Evan Jacob Vanskiver and Adam John Montes were arrested early Monday morning and, in accordance with New York's current bail law, released on appearance tickets. A short time later, they were allegedly spotted in a stolen car, leading to a Batavia PD pursuit through multiple jurisdictions. 

That led to more charges, but at arraignment on Feb. 27, the date of all of these events, they were released on their own recognizance. 

It's impossible to say that they would still be in custody without bail reform, but local officials say the ease with which they regained their freedom is a product of bail reform.

For charges under a certain level, police officers can't bring a suspect before a judge for arraignment. The officers must write an appearance ticket.  And a judge, at arraignment, must set release conditions that are the least restrictive option available. That's the law.

District Attorney Kevin Finnell said if there had been an arraignment in pre-bail reform days, his office would have requested cash bail or bond be set.  It would have been up to a judge, who may also have heard a counter-argument from a defense attorney, to weigh the flight-risk factors in order to decide if bail was necessary to ensure the defendants would reappear in court as ordered at a later date.

"Prior to bail reform, the decision of whether to set bail would have, of course, rested with the judge, so I cannot advise you with any degree of certainty if these defendants would have been held on bail," Finnell said. "I can tell you that prior to bail reform, knowing the circumstances of this case, my office would have requested that bail be set, and we would have been optimistic that our request would have been granted."

Even though holding the defendants in jail after their initial arrest on Feb. 27 isn't a given, Batavia PD Chief Shawn Heubusch does see the case as a failure of bail reform, primarily because no judge was given a chance to make a decision. An appearance ticket was mandatory. 

The incidents involving Vanskiver and Montes began at 4:14 a.m. on Monday when dispatchers received a complaint of a theft from a vehicle on Church Street in Elba.

When Deputy Jeremiah Gechell arrived on scene, two men were spotted. They fled the area.  Deputy James Stack and K-9 Rayzor responded and commenced a search. A short time later, Vanskiver and Montes were located. They were allegedly in possession of a cache of stolen items. 

Both men were also accused of damaging a vehicle on Church Street while trying to gain access to it.

Deputy Travis DeMuth assisted in the investigation.

Vanskiver is 31 with a listed residence of Viking Way, Sweden, and Montes is reported by the Sheriff's Office not to have a residence. Batavia PD place Vanskiver's residence in Brockport and Montes in Hamlin.

In the Elba incident, the two men were both charged with criminal possession of a controlled substance in the fourth degree, a Class C felony, 14 counts of criminal possession of stolen property in the fourth degree, a Class E felony, criminal possession of stolen property in the fifth degree, a Class A misdemeanor, and criminal mischief in the fourth degree, a Class A misdemeanor.

In pre-bail reform days, not everybody charged with felonies was held.  In this case, however, the extenuating circumstances that a judge could have considered under the prior bail guidelines is that one of the defendants doesn't have a permanent residence and neither is from the local area. 

In an attempt to get a defense attorney's perspective on bail reform and its impact on this case, The Batavian emailed Public Defender Jerry Ader two days ago, and he did not respond.

According to Batavia PD, the two men were released from custody at the Genesee County Jail at 2:15 p.m. on Monday.

They were spotted in the allegedly stolen vehicle at 2:41 p.m. that same day on Ellicott Street near Liberty Street.

A patrol officer chased the vehicle down Route 5 to Wortendyke Road, where Vanskiver managed to avoid spike strips. 

The vehicle then started traveling in a southerly direction through the towns of Batavia, Alexander, Pembroke, and Darien. 

Further attempts to use spike strips to impede the vehicle were unsuccessful. 

According to a Batavia PD statement, the vehicle entered the Village of Attica on Route 238, then turned into an apartment complex on Sokol Drive, where it struck a garbage Dumpster.

Vanskiver allegedly fled on foot. He was taken into custody following a brief foot pursuit. The passenger was apprehended in the vehicle.

They were arrested by Batavia PD and charged with:

Evan J. Vanskiver

  • Criminal Mischief 3rd (Felony)
  • Grand Larceny 3rd (Felony)
  • Conspiracy
  • Unlawful Fleeing of a Police Officer
  • Aggravated Unlicensed Operation 2nd
  • Multiple Vehicle and Traffic Law violations

Adam J. Montes

  • Grand Larceny 3rd (Felony)
  • Conspiracy

Following this second arrest, Vanskiver and Montes were held pending arraignment in the new Centralized Arraignment Court. They were arraigned later that same day, according to jail records, and ordered released on their own recognizance.

The incident prompted Assemblyman Steve Hawley to call on New York to revisit its current bail law.

“The revolving door of crime that has been established by bail reform continues to hinder and harm law-abiding citizens while giving career criminals a free pass,” Hawley said. “It’s high time for the Majority in the Assembly to help bring an end to this era of crime New York is continually besieged by. To continue to ignore it makes them part of the problem.”

Cassandra Elmore released from jail, reportedly fails to show up at rehab, warrants issued

By Howard B. Owens

elmore_march2203mug.jpg

Arrest warrants have once again been issued for a Batavia woman whose dog reportedly overdosed on narcotics after she reportedly failed to show up at an assigned rehabilitation facility.

Cassandra L. Elmore, 30, was arrested on multiple warrants by Batavia PD in early February and ordered held in jail on $100,000 bail.

After learning today that Elmore would not appear in City Court as scheduled today because an arrest warrant had been issued, The Batavian inquired with officials in the local criminal justice system about her case.

Through a FOIL request with the Sheriff's Office, The Batavian learned that Elmore was released on her own recognizance at 10:30 a.m. on Feb. 18 for a bed-to-bed transfer to a rehab facility.

Assistant District Attorney Jenna Bauer confirmed that Elmore is accused of never showing up at the facility, so a warrant was issued for her arrest.

Chief Shawn Heubusch said his officers are actively looking for Elmore.

There are two warrants for Elmore, Heubusch said.

One is dated Feb. 22 and is for failure to appear on obstruction of governmental administration 2nd and failure to comply with a court-ordered program. The second is dated Feb. 22 and is for failure to appear on charges of aggravated unlicensed operation 3rd, criminal possession of a weapon 4th, criminal use of drug paraphernalia 2nd, and failure to comply with a court-ordered program.

In addition to the charges underlying the two new warrants, Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey, a French Bulldog, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Legally, Elmore still owns Oddey, and the animal shelter must care for it without putting it up for adoption unless she signs over custody of the dog to the county or the case is resolved in a manner that permits her to again take possession of the dog.

Meanwhile, the dog she is accused of allowing to overdose on narcotics, Oddey, remains confined to the Genesee County Animal Shelter, where it has been held since June. The dog has reportedly adjusted to life in the kennel and is doing fine.

To contact Batavia PD with information on Elmore's whereabouts, call (585) 345-6370.

Previously: 

Law and Order: Batavia woman accused of falsely reporting that her boyfriend had a gun

By Howard B. Owens

Marya B. Cole, 39, of Bank Street, Batavia, is charged with falsely reporting an incident and a false written statement. Cole is accused of reporting to police that her boyfriend had displayed a handgun to her on Feb. 22 and was subsequently walking on Ross Street in Batavia. Batavia PD responded and detained a male subject, and searched the area and did not find a gun. Cole allegedly signed a written statement attesting to her accusation. She reportedly later admitted lying to police about the gun. Cole was issued an appearance ticket.

Lorenzo Baker, 20, of Dellinger Avenue, Batavia, is charged with operating a motor vehicle while impaired by drugs, unlicensed operator, using cannabis in a motor vehicle and criminal contempt 2nd. Baker was stopped on Feb. 20 at a time undisclosed by police in the City of Batavia at a location undisclosed by police by Officer John Gombos. Baker is accused of driving without a license and of driving while smoking marijuana.  He was also allegedly in violation of a stay-away order of protection with the protected party in the vehicle at the time of the traffic stop. He was arraigned in Centralized Arraignment Court, and his release status is unknown.

An 18-year-old male from Washington Avenue, Batavia, is charged with criminal contempt 1st. The youth is accused of being involved in a disturbance at a location in the city not disclosed by police on Feb. 16. He was arraigned in City Court and released.

Lyndsay T. Young, 39, of North Main Street, Warsaw, is charged with criminal contempt 1st. Young was arrested on a warrant after allegedly contacting a person, violating a stay-away order. She was arraigned in City Court and ordered held on $1 bail.

Enrique J. Pellot, 42, of Avenue A, Rochester, is charged with menacing 2nd, criminal possession of a weapon 3rd and coercion 3rd. Pellot is accused of using a knife to threaten a woman in the parking lot of Batavia PD on Feb. 15. Pellot was arraigned in Centralized Arraignment Court, and his release status is unknown.

Christine M. Caplis, 42, of Clinton Street Road, Batavia. Caplis is accused of failing to appear in court as ordered on Nov. 5, 2021, to answer to a charge of theft of services. He was arrested on Feb. 18 on a warrant. Prior to this arrest, he was arrested five prior times, according to police, on warrants issued on Dec. 28, 2021, June 26, 2022, Aug. 13, 2022, Sept. 18, 2022, and Oct. 7, 2022. He was arraigned in Centralized Arraignment Court, and his current release status is unknown.

Christopher H. Monfort, 50, of Hidden Valley Trail, Webster, is charged with switched license plates, aggravated unlicensed operation 2nd and criminal possession of a controlled substance. Monfort was arrested on Feb. 18 after Officer Joseph Weglarski was dispatched to a local gas station to investigate a report of a vehicle parked at the pumps for about an hour. Monfort was issued an appearance ticket. Anna L. Roberts, 35, of Lincoln Road, East Rochester, and Jose M. Baez, 41, of Lake Avenue, Rochester, are also charged with criminal possession of a controlled substance.

Henry L. Banks, 52, of Vine Street, Batavia, is charged with operating a motor vehicle while impaired by drugs. Banks was topped on Feb. 21 at a location in the City of Batavia not disclosed by police by Officer Wesley Rissinger. Banks allegedly failed a field sobriety test. He was issued traffic tickets.

Paul A. Inostroza, 32, no permanent address, is charged with two counts of criminal contempt 2nd. Inostroza, already in custody on an unrelated charge, was arrested on Feb. 21 on a warrant that stems from a disturbance reported in the City of Batavia at a location not specified by police on Dec. 23.  He was ordered held on bail.

Christine M. Sanchez-Anderson, 34, of E Main Street, Batavia, is charged with failure to appear. Sanchez-Anderson was arrested on Feb. 16 on a warrant. On Oct. 4, Sanchez-Anderson was charged with obstructing governmental administration and issued an appearance ticket. She was accused of running from police when officers attempted to arrest her on previous warrants. She was held pending arraignment.

Kelly J. Mungo, 47, of East Main Street, Batavia, is charged with petit larceny. Mungo is accused of shoplifting at a local convenience story (location unspecified by police) and issued an appearance ticket.

Tiesha D. Smith, 36, of Montclair Avenue, Batavia, is charged with criminal contempt 2nd. Smith is accused of failing to respond to a subpoena as a witness in a case heard in City Court on Aug. 19 and was arrested on a warrant on Feb. 16. Smith was arraigned in Centralized Court, and her current release status is unknown.

Patrick J. Woodrich, 52, of West Main Street Road, Batavia, is charged with Failing to exercise due care to avoid pedestrian, operating a motor vehicle without insurance, failing to stop at a stop sign and improper right turn, failing to keep right on a two-lane road, and leaving the scene of an accident. Woodrich is accused of striking a pedestrian on Washington Avenue on July 24 and leaving the scene of the accident. He was arrested on a warrant on Feb. 16. He was arraigned in City Court and released on his own recognizance.

Ashley J. Delong, 36, of Rolling Circle, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and no tail lights. Delong was stopped in the City of Batavia at a location unspecified by police by Officer John Gombos. Delong was issued an appearance ticket.

Misty R. Schutt, 33, of Exchange Street, Attica, is charged with criminal possession of a controlled substance and failing to stop at a stop sign. Schutt was arrested on Feb. 7 following a traffic stop in the City of Batavia at a location unspecified by police by Officer John Gombos. She was allegedly found in possession of crack cocaine. She was issued an appearance ticket.

Christian Philip Voigt, Jr., 23, of Valle Drive, Batavia, is charged with criminal mischief 3rd and harassment 2nd. Voigt is accused of damaging property and placing his hands on another person during a disturbance reported at 11:16 a.m. on Feb. 26 at a location on Valle Drive, Batavia. He was held pending arraignment. 

Evan F. Maynard, 22, of Batavia, is charged with falsely reporting to a law enforcement officer 3rd. Upon an investigation into a report by Maynard into a crime, Investigator Joseph Loftus reportedly found that Maynard made a false report and that he pawned several items at a pawn shop on Feb. 25. Maynard was issued an appearance ticket.

Gary Michael Herrmann, Jr., 44, of Caswell Road, Byron, is charged with DWI and driving with a BAC of .08 or greater. Herrmann was stopped at 3:30 p.m. on Feb. 27 on Caswell Road, Byron, following a report of a disturbance by Deputy Zachary Hoy. He was issued traffic tickets.

Allison A. Gersbach, 33, of Manchester, is charged with grand larceny 4th. Gersbach was arrested on Feb. 28 by State Police in connection with an incident reported at 7:13 p.m., Aug. 16, in the Town of Batavia. Gersbach was issued an appearance ticket. No further details released.

Jason L. Lincoln, 46, of Albion, is charged with criminal possession of stolen property 3rd and aggravated unlicensed operation 1st. Lincoln was arrested by State Police at 3:19 p.m. on Feb. 26, in Elba. Lincoln was ordered held in custody. No further details released.

Pair accused of fleeing in stolen vehicle after being released from prior arrest

By Press Release

Press release:

Evan Vanskiver Adam Montes

At 2:41 PM, Batavia Police were dispatched to the intersection of Bank Street and North Street for the report of a stolen motor vehicle.

The vehicle was located on Ellicott Street near Liberty Street by a patrol. The patrol attempted to stop the vehicle, and the vehicle fled to West Main Street and continued westbound out of the city.

The stolen vehicle was involved in a collision with another vehicle on Route 5 near Wortendyke Road when it avoided a set of tire deflation devices (spike strips) that were deployed by a deputy with the Genesee County Sheriff's Office; however, the stolen vehicle continued.

The vehicle then started traveling in a southerly direction through the towns of Batavia, Alexander, Pembroke, and Darien. 

Numerous attempts were made to deploy spike strips; however, the stolen vehicle was able to avoid them each time. 

The vehicle entered the Village of Attica on Route 238, then turned into an apartment complex on Sokol Drive, where it struck a garbage dumpster, the driver then fled from the vehicle on foot. He was taken into custody following a brief foot pursuit. The passenger was apprehended in the vehicle.

The driver is identified as Evan J. Vanskiver, 31, of Brockport. The passenger is identified as Adam J. Montes, 38, of Hamlin. Both suspects were arrested previously in the day by the Genesee County Sheriff's Office following a larceny investigation in Elba and were released from the Genesee County Jail at approximately 2:15 PM due to NYS Bail Reform legislation.

Current Charges:

Evan J. Vanskiver

  • Criminal Mischief 3rd (Felony)
  • Grand Larceny 3rd (Felony)
  • Conspiracy
  • Unlawful Fleeing of a Police Officer
  • Aggravated Unlicensed Operation 2nd
  • Multiple Vehicle and Traffic Law violations

Adam J. Montes

  • Grand Larceny 3rd (Felony)
  • Conspiracy

"Officers of the Batavia Police Department exercised appropriate care and caution during a dangerous situation, taking into account the road conditions as well as traffic conditions while attempting to catch a fleeing felon", stated Police Chief Shawn Heubusch, "Officers are highly trained to ensure that the risk of pursuing any individual or vehicle does not outweigh the risk to the community. They should be commended for bringing this situation to a safe conclusion."

The defendants are being held at the Genesee County Jail pending arraignment in Centralized Arraignment Court.

Officers of the City of Batavia Police Department were assisted by members of the Genesee County Sheriff's Office, the Genesee County 911 Center, the New York State Police, Corfu Police Department, Village of Attica Police Department, and Attica Ambulance service.

Law and Order: Duo from Rochester accused of fleeing police in stolen Cherokee

By Howard B. Owens

Ronnel Simien Agee, Jr., 20, of Depew Street, Rochester, and  Jaquel Rashod Gibson, 21, of Rochester, are charged with criminal possession of stolen property, reckless endangerment 1st, unlawful fleeing a police officer in a motor vehicle, 3rd, and obstructing governmental administration 2nd. Agee and Gibson are accused of fleeing from Deputy Kevin Quackenbush in a stolen 2022 Jeep Cherokee after Quackenbush attempted a traffic stop on Route 33 in Stafford at 8:16 p.m. on Feb. 16. The pursuit continued through Bergen, RIga, Chili, and into the Town of Le Roy, where Le Roy PD deployed spike strips. The vehicle stopped on Randal Road and Agee is accused of running from the vehicle on foot. He was taken into custody a short time later. Both men were held pending arraignment.

Brian Tyler Stachewicz, 27, of Porter Avenue, Batavia, is charged with offering a false instrument for filing 1st. Stachewicz is accused of providing false information on a pistol permit application filed on Aug. 22. He was arrested on Feb. 21 and released on an appearance ticket.

Michael John Vanbuskirk, 49, of Union Street, Le Roy, is charged with bail jumping 3rd. Vanbuskirk is accused of failure to appear in court as ordered on a felony charge and then not turning himself in within 30 days. Vanbuskirk was released on an appearance ticket. 

Kevin Michael Monell, 31, of Horan Road, Medina, is charged with petit larceny.  Monell is accused of stealing a carton of cigarettes from a smoke shop on the Tonawanda Indian Reservation on Feb. 23. He was released on an appearance ticket.

Andrea Michelle Kreutter, 33, of East Bethany Le Roy Road, Bethany, is charged with criminal possession of a controlled substance 7th and driver's view obstructed. Kreutter was arrested on Feb. 22 and accused of possessing illegal narcotics during a traffic stop by Deputy Nicholas Chamoun at 11:50 p.m. on May 13 on East Main Street Road, Batavia. She was ordered to appear in Town of Batavia Court on March 14.

Justine Denae Wood, 36, of Washington Avenue, Batavia, is charged with bail jumping 3rd. Wood is accused of failing to appear in Town of Stafford Court on a criminal matter on Jan. 23.  She was arraigned and ordered held on $2,000 bail.

Jayne B. Liotto, 63, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Liotto was reportedly involved in a single-vehicle accident at 1:01 a.m. on Feb. 24 on Drake Street Road, Elba. The accident was investigated by Deputy Jeremiah Gechell. Liotto was released on an appearance ticket.

Hector Yaidal Hernandez, 22, of Ridgeway Avenue, Rochester, is charged with DWI and speeding. Hernandez was stopped 3:34 a.m. on Feb. 25 on Apple Tree Avenue in Bergen by Sgt. Mathew Clor. He was released on an appearance ticket.

Friday morning threat against John Kennedy School found not to be credible

By Press Release

Press release:

“At approximately 7:39 a.m. on Friday, February 24th, officers from the Batavia City Police Department and the Genesee County Sheriff’s Department responded to a phone call in which a threat was made against John Kennedy Intermediate School on Vine Street in the City of Batavia.

“Even though Batavia schools are on break for the week, officers from both departments and the New York State Police immediately responded on scene as any type of threat of this nature is taken very seriously.

“As a precaution, officers checked all the schools in the city school district and schools across Genesee County to ensure the safety of students and staff," Batavia Police Chief Shawn Heubusch said.

“It is still early in our investigation, but we have determined the threat to John Kennedy Elementary School not to be credible. It has been reported that similar threats have been at other school districts across New York and nationally.

“We appreciate the cooperation and assistance of the Batavia City School District on this matter as we continue our investigation with our law enforcement partners at the local, state, and federal levels on our investigation.

“People making these types of threats should know they will be prosecuted to the fullest extent of the law.”

Law and Order: Batavia woman with multiple arrests accused of skipping court, resisting arrest

By Howard B. Owens

Latoya D. Jackson, 37, of State Street, Batavia, is charged with resisting arrest while being arrested on four bench warrants. Officer John Gombos arrested Jackson on four warrants issued by City Court.  Jackson was a passenger in a traffic stop.  While officers were attempting to arrest Jackson, she allegedly refused to comply with verbal commands and resisted being handcuffed.  The first warrant stemmed from an incident on June 20, on State Street, where Jackson was charged with harassment 2nd and released on an appearance ticket, after which she allegedly failed to appear.  The second warrant was issued after Jackson was arrested on a charge of criminal contempt 2nd on June 28 for an incident on East Main Street for which she reportedly failed to appear.  The third warrant was issued for a trespass arrest on July 8 at an apartment complex on East Main Street, resulting in another appearance ticket.  The fourth warrant was issued after Jackson was arrested on Aug. 28 on a charge of criminal contempt 1st, endangering the welfare of a child, and harassment 2nd during an incident on State Street.  Jackson was arraigned in Centralized Arraignment Part Court on Feb 11 and released on her own recognizance. 

Joseph C. Jeffords, 31, of Chestnut Street, Batavia, is charged with criminal possession of a controlled substance 7th. Jeffords was arrested on a warrant out of City Court on Feb. 6 and released on his own recognizance.

Raymond J. Vickers, 55, of Dellinger Avenue,  Batavia, is charged with petit larceny and harassment 2nd. Vickers was arrested on Feb. 2, unspecified time, following an incident at a local business. He was issued an appearance ticket.

Jason S. Neth, 28, of Alleghany Road, Corfu, is charged with DWI, suspended registration and speeding. Neth was stopped on Feb. 5 at an unspecified time at an unspecified location in the City of Batavia by Joseph Weglarski. He was issued an appearance ticket.

Amber L. Turner, 29, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th and unlicensed operator. Batavia PD K-9 Batu was reportedly alerted on Turner's car during a traffic stop on Feb. 10 at an undisclosed location in the City of Batavia, and she is accused of possession of crack cocaine.  She was issued an appearance ticket.

James N. Difalco, 26, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th. Batavia PD K-9 Batu was reportedly alerted on a vehicle Difalco was riding in during a traffic stop on Feb. 10 at an undisclosed location in the City of Batavia, and Difalco is accused of possession of crack cocaine.  He was issued an appearance ticket.

Law and Order: Batavia man accused of brandishing a knife during robbery at retailer

By Howard B. Owens

Jason R. Anderson, 41, of Batavia, is charged with robbery 1st, criminal possession of a weapon 3rd, petit larceny, and criminal mischief 4th. Anderson is accused of displaying a knife during a robbery at an undisclosed business on Veterans Memorial Drive on Jan. 23 at 6:36 p.m. The suspect in the robbery fled the scene before deputies arrived. Following an investigation, Anderson was identified as the suspect. He was arrested without incident on Jan. 30. He was arraigned in town of Batavia Court and ordered held on $10,000 bail or $20,000 bond. The petit larceny and criminal mischief charges stemming from an incident on Jan. 3 at the same location. He is accused of cutting a chain lock on an electric bicycle and stealing the bicycle. 

Tiffany Marie McAllister, 32, of West Main Street Road, Batavia, is charged with assault 2nd. McAllister was arrested Feb. 13 in connection with an incident reported at 11:30 p.m. Jan. 28, at a location on West Main Street Road, Batavia. McAllister was arraigned and released on her own recognizance.

Zachary Russell Reed, 32, of West Main Street Road, Batavia, is charged with assault 2nd. Reed is accused of an assault reported at a business in the Town of Batavia on Jan. 28 at 10:30 p.m. He was arrested Feb. 13 and released on his own recognizance following arraignment.

Alyssa Michele Harnish, 34, of West Main Street, Road, Batavia, is charged with harassment 2nd and endangering the welfare of a child. Harnish is accused of striking a child during a disturbance reported at 10:19 p.m. on Feb. 12 at a location on West Main Street Road, Batavia. Harnish was processed at the Genesee County Jail and released on her own recognizance.

Megan June Courtney, 26, of West Main Street Road, Batavia, is charged with two counts of grand larceny 4th. Courtney is accused of stealing a debit card and using the debit card to make purchases in excess of $1,800. She was issued an appearance ticket.

Michael John Szustakowski, 34, of Alexander Road, Attica, is charged with felony DWI, obstructing governmental administration 2nd, speeding, and open alcoholic beverage in a motor vehicle.  Szustakowski was stopped by Sgt. Mathew Clor at 8:07 p.m. on Feb. 10 on Clinton Street Road, Bergen. He is accused of attempting to flee on foot through the backyard of a residence. He was apprehended after a foot pursuit. He was arraigned in Centralized Court. His release status was not disclosed.

Tasha Lynn Horton, 41, Dry Bridge Road, Alexander, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to exercise due care to avoid a collision with an emergency vehicle, moving from lane unsafely, and drinking alcohol in a motor vehicle. Horton is accused of driving drunk and nearly striking a patrol vehicle on a traffic stop on Feb. 12 at 1:50 a.m. on Route 33 in Bergen. Horton was arrested by Deputy Zachary Hoy.

Kevin Lysie Richardson, 49, of Tempest Street, Perry, is charged with falsifying business records 1st and attempted criminal purchase or disposal of a weapon. Richardson is accused of attempting to purchase a firearm he was ineligible to possess on Dec. 23 at 12:30 p.m at a location on Veterans Memorial Drive. He was issued an appearance ticket.

Joseph Carl Jeffords, 31, of Chestnut Street, Batavia, is charged with petit larceny. Jeffords is accused of shoplifting at Kohl's Department Store in Batavia.  He was released on an appearance ticket.

Raeshawn S. Robinson, 25, of Fairbanks Street, Rochester, is charged with criminal contempt 2nd, insufficient tail lamps, no seat belt, and failure to use four-way flashers. Robinson was stopped by Deputy Ayrton Blankenberg on Route 63 in Alabama on Feb. 12 at 12:27 a.m. He was arraigned in Centralized Court. His release status was not disclosed.

Demetrius J. Coleman, 27, Highgate Avenue, Buffalo, is charged with petit larceny.  He is accused of stealing a BB gun from Dick's Sporting Goods in Batavia at 2:49 p.m. on Feb. 10. he was arraigned in City Court and ordered to appear in Batavia Town Court on March 2.

Zakara Rose Jackson, 19, of Trumbull Park, Batavia, is charged with promoting prison contraband 1st. Jackson is accused of bringing a crack pipe into the Genesee County Jail at 7:13 a.m. on Feb. 5. Jackson was arraigned in Centralized Court. Her release status was not disclosed.

Caleb Richard Swendsen, 28, of Akron Road, Pembroke, is charged with criminal possession of a controlled substance 7th. Swendsen is accused of possessing a crystal rock-like substance and drug paraphernalia in his vehicle at 11:22 on Feb. 12 at a location on Main Street, Oakfield. Swendsen was arrested by Deputy Jacob Kipler and issued an appearance ticket.

John Mitchell Francis, 29, of South Main Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, driving a vehicle with no tail lamps, no plate lamp, and failure to notify DMV of an address change.  Francis was stopped at 10:09 p.m. on Feb.11 on Clinton Street Road, Bergen, by Deputy Jonathan Dimming. He was issued traffic tickets and released to a third party.

Ethan Mitchell Conrad, 22, of South Main Street Road, Batavia, is charged with felony DWI, moving from lane unsafely, and failure to dim headlights.  Conrad was stopped at 10:25 p.m. on Feb. 16 on South Main Street Road, Batavia, by Deputy Zachary Hoy. He was issued traffic tickets and released.

John James Petti, 33, of Hawley Street, Lancaster, is charged with DWI, driving with a BAC of .18 or greater, consumption of alcohol in a motor vehicle, and no headlamps. Petti was stopped at 10:37 p.m. on Feb. 18 on West Main Street Road, Batavia, by Deputy Ayrton Blankenberg.  Petti was processed at the Genesee County Jail and released on appearance tickets.

Jerwan B. McFarley, 37, of Rochester, is charged with criminal mischief 4th and acting in a manner injurious to a child, two counts. McFarley was arrested by State Police in connection with an incident reported at 8:34 p.m. Feb. 16 in the Town of Stafford. McFarley was ordered held on bail. No further details released.

State Police investigating thefts at Dick's Sporting Goods, other stores in area

By Howard B. Owens

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Agents of the State Police Bureau of Criminal Investigations are seeking the public's assistance in identifying the man in the surveillance photo taken at Dick's Sporting Goods in Batavia.

Investigators seek to question the man in connection with thefts at the store.

He's also wanted for questioning in connection with similar thefts in the WNY area.  He may be driving an older, gray, Toyota Tundra.

The State Police can be contacted at (585) 344-6200

Law and Order: Man accused of previously running from police accused of running again

By Howard B. Owens
Arthur Brown

Arthur J. Brown, 46, of Britton Road, Rochester, is charged with criminal possession of a controlled substance with intent to sell, criminal possession of a controlled substance 3rd, obstructing governmental administration, resisting arrest, and tampering with evidence. Brown was reportedly the subject of a traffic stop on Jan. 31 by Officer Wesley Rissinger at an unspecified location in the City of Batavia. He allegedly fled on foot from his vehicle and attempted to hide a quantity of cocaine in a bush. Brown was arrested and arraigned in Centralized Court and ordered held in the Genesee County Jail. (PreviouslyLe Roy man in 'shots fired' case accepts plea deal)

Cassandra L. Elmore was arrested on warrants stemming from previous charges after she allegedly failed to appear in court as ordered. She was arrested on Aug. 30 on charges of criminal possession of a weapon, obstructing governmental administration, aggravated unlicensed operation third, operating a motor vehicle without inspection, and two counts of criminal use of drug paraphernalia. On Sept. 10, she was charged with obstructing governmental administration. Elmore was ordered held on $100,000 bail, $100,000 bond, or $250,000 partially secured bond.

Cordero L. Royes, 35, of West Main Street, Batavia, is charged with criminal contempt 2nd and burglary 2nd. Royes accused of violating a stay-away order of protection.  Officer Stephen Quider reportedly found Royes in a residence he wasn't allowed to enter. Royes was arraigned in City Court and jailed without bail.

Jarrod K. Fotiathis, 28, no permanent residence, is charged with burglary 2nd, petit larceny and identity theft 2nd. Fotiathis is accused of entering another person's residence, stealing property and personal information and then using the personal information to defraud the victim. Fotiathis was arraigned in City Court and ordered held on $2,000 bail, $5,000 bond.

Toni B. Crenshaw, 30, of Church Street, Lockport, is charged with felony DWI, felony driving with a BAC of .18% or greater, and failure to keep right. Crenshaw was stopped at an unspecified location in the City of Batavia on Feb. 4 by Officer John Gombos. Crenshaw was released on an appearance ticket.

Jonathan K. Banks, 30, of Park Road, Batavia, is charged with resisting arrest, criminal possession of a controlled substance 7th, tampering with physical evidence and obstructing governmental administration. During a traffic stop by Officer John Gombos on Jan. 31, Banks was allegedly found in possession of crack cocaine.  He allegedly attempted to flee on foot and fought with officers before being taken into custody. Banks was arraigned in Centralized Court and held in the Genesee County Jail.

Nikita N. Shook, 36, of East Main Street, Batavia, was arrested on three warrants out of City Court. She was arraigned in City Court and ordered held until her next court appearance.

A 16-year-old girl from Albion is charged with harassment 2nd. The girl was allegedly involved in a fight with another juvenile on Cherry Street in Batavia on Jan. 24. She was issued an appearance ticket.

Salvatore M. Motisi, 68, of Woodland Avenue, Farmingdale, is charged with DWI. Motisi is accused of driving his car over an embankment on an undisclosed street in the City of Batavia on Feb. 1.  He was arrested by Officer Wesley Rissinger and released on an appearance ticket.

Jenna L. Josephite, 34, of West Main Street, Batavia, is charged with trespass. Josephite is accused of being in a local residence without permission on Feb. 4. Josephite was issued an appearance ticket.

Aamir K. Holloway, 23, of East Main Street, Batavia, is charged with harassment 2nd. Holloway was arrested on Feb. 6. No further details released. Holloway was issued an appearance ticket.

Zakara R Jackson, 19, of Trumbull Parkway, Batavia, was arrested on a warrant issued by the BCC and additionally charged with criminal possession of a controlled substance 7th. Jackson is accused of failure to appear as ordered on a previous arrest. She was held in the Genesee County Jail pending arraignments.

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