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March 11, 2021 - 4:12pm
posted by Billie Owens in Grand Jury, crime, news, notify, batavia, bergen, corfu, pembroke.

Bruce D. Smith is indicted for the crime of second-degree larceny. It is alleged that between about April 2018 through March 2019 in the Town of Bergen that Smith stole property having a value of more than $50,000. In count two, he is accused of falsifying business records in the first degree, a Class E felony. It is alleged in count two that in October 2018 that he acted with intent to defraud and falsified an entry into a business's financial records for the period of July 2018 through January 2019.

Christopher C. Good is indicted for the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 20 on Liberty Street in Batavia that Good knowingly entered and remained unlawfully in a dwelling with the intent to commit a crime and caused physical injury to a victim inside. In count two, he is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to the victim. In count three, Good is accused of third-degree menacing, a Class B misdemeanor, for intentionally placing or attempting to place the victim in fear of death, imminent serious physical injury, or physical injury. In count four, Good is accused of second-degree aggravated harassment, a Class A misdemeanor, for communicating with a person with the intent to harass, annoy, threaten or alarm that person by making a threat to cause physical harm, thereby causing the victim to reasonably fear harm for their safety or their property, or that of their family or household.

Daniel E. King is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 9 in the Village of Corfu that King drove a 2006 Suzuki on Route 33 while his driver's license was suspended or revoked by authorities and while he was under the influence of alcohol or a drug. In count two, he is accused of DWI, also as a Class E felony, for allegedly driving while intoxicated that day. In count three, King is accused of refusing to submit to a breath test. In count four, he is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for allegedly driving on Phelps Road in the Town of Pembroke on Nov. 12 while under the influence of alcohol or a drug while his license was suspended or revoked by authorities. In count five, King is accused of DWI for allegedly driving on Phelps Road in the Town of Pembroke while intoxicated on Nov. 12. In count six, he is accused of refusing to submit to a breath test Nov. 12 on Phelps Road in the Town of Pembroke. In Special Information filed by District Attorney Lawrence Friedman, he is accused of having been convicted of DWI as a misdemeanor on Aug. 6, 2012, in Greene County Court, and that conviction forms the basis for the suspension or revocation referred to in counts one and four of the current indictment.

Lisa A. Way is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 5 in the City of Batavia that Way drove a 2011 Chevolet on Ellicott Street (Route 63) and on the driveway/parking lot at an address on that street while intoxicated. In count two, Way is accused of refusing to submit to a breath test. In Special Information filed by District Attorney Lawrence Friedman, she is accused of having been conviction of DWI as a misdemeanor on Nov. 8 in Town of Newstead Court in Erie County and that conviction was within 10 years of the crime alleged in count one of the current indictment.

February 25, 2021 - 1:28pm
posted by Billie Owens in crime, news, notify, Grand Jury, batavia.

Rajea S. Thomas is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on April 30 that Thomas, while at a residence on Thomas Avenue in the City of Batavia, violated an order of protection with the intent to harass, annoy, threaten or alarm a person protected by the order, by striking, shoving, kicking or otherwise subjecting the person to physical contact, or he threatened to do so. In count two, Rajea is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by allegedly applying pressure to the neck or throat of the victim. In count three, the defendant is accused of attempted criminal mischief in the fourth degree, a Class B misdemeanor. It is alleged in count three that Rajea on that day prevented, or attempted to prevent, the victim from communicating a request for emergency assistance.

February 12, 2021 - 5:29pm
posted by Billie Owens in news, crime, Grand Jury, notify.

Nicholas B. Turnquist is indicted for the crime of third-degree rape, a Class E felony. It is alleged that on Aug. 23, 2014, that Turnquist, being 21 year old or more at that time, engaged in sexual intercourse with another person less that 17 years old in the Town of Darien. In count two, he is accused of first-degree sexual abuse, a Class D violent felony. It is alleged in count two that on that day he subjected a person to sexual contact by forcible compulsion.

Dean M. Nohle is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Sept. 13 in the City of Batavia that Nohle knowingly possessed stolen property with a value exceeding $100 -- a 2014 Chevrolet. In count two, Nohle is accused of third-degree criminal possession of stolen property, a Class D felony. It is alleged in count two that he knowingly possessed stolen property with a value exceeding $3,000 -- the Chevrolet. In count three, he is accused of aggravated unlicensed operation in the third degree, as a misdemeanor, for operating the Chevrolet on Clinton Street while his license to do so was suspended by the NY Commissioner of the DMV.

Andrew L. Kosiorek is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on June 22, 2019, in the Town of Le Roy, Kosiorek stole property valued at more than $100 -- a 2018 Nissan Rogue. In count two, he is accused for criminal possession of stolen property in the fifth degree, a Class A misdemeanor. It is alleged in count two that the defendant knowingly possessed stolen property -- a Rigid 5-gallon ash vacuum.

January 22, 2021 - 1:33pm
posted by Billie Owens in news, Grand Jury, crime.

Timothy M. Brady is indicted for driving while intoxicated as a misdemeanor, a violation of vehicle and traffic law. It is alleged that on Aug. 28 in the Town of Bergen that Brady drove a 2003 GMC on Townline Road while he was intoxicated. In count two, Brady is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count two that he drove that day while under the influence of alcohol or a drug when his license to drive was suspended pending prosecution on Jan. 20, 2020 and that the suspension was still in effect Aug. 28.

January 15, 2021 - 4:21pm
posted by Billie Owens in Grand Jury, crime, batavia, Le Roy, Stafford, news, notify.

Donna Hartman is indicted for the crime of second-degree identity theft, a Class E felony. It is alleged that on July 6 in the Town of Dalton, Livingston County, that Hartman knowingly and intentionally assumed the identity of another person in order to benefit herself monetarily in an amount exceeding $500. It is alleged in the first count that she presented herself to Livingston County Ambulance staff as a person residing on Fargo Road in Stafford, resulting in an ambulance bill for $835 to be sent to the victim. In count two, she is accused of the same crime at Noyes Memorial Hospital, resulting in a bill for hospital service to be sent to the same victim for $732.65. In counts three and four, Hartman is accused of falsifying business records in the first degree, also a Class E felony, for her actions to cause ambulance service records and also hospital business records to reflect false information regarding her name and address.

Jorge L. Rodriguez is indicted for the crime of second-degree criminal mischief, a Class D felony. It is alleged that on Aug. 22 on the Thruway that he intentionally damaged property belonging to another person -- a 2017 Chevrolet -- in an amount exceeding $1,500. In count two, Rodriguez is accused of second-degree reckless endangerment. It is alleged that he drove recklessly that day, in a manner that created substantial risk of serious physical injury. He is accused in count two of purposely ramming his vehicle into the victim's vehicle while another victim was standing between the two vehicles.

Amanda M. Webb is indicted for the crime of criminal mischief in the third degree, a Class E felony. It is alleged that on Nov. 1 in the City of Batavia that Webb intentionally damaged property belonging to another person -- a 2009 Chevrolet -- in an amount exceeding $250. In count two she is accused of second-degree harassment. It is alleged in count two that Webb, with intent to harass, annoy or alarm another person, struck, shoved, kicked or otherwise subjected a victim to physical contact or threatened to do so.

Lawrence D. Williams is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on Oct. 4 while at Walmart in Batavia that he passed a counterfeit $100, knowing it was not real, with the intent to defraud.

Joshua G. Bachorski is indicted for second-degree burglary, a Class C violent felony. It is alleged that on Oct. 9 Bachorski knowingly entered or remained unlawfully in a dwelling on Pearl Street in the City of Batavia with the intent to commit a crime. In count two, he is accused of third-degree burglary, a Class D felony, for likewise entering an outbuilding at the same address on that date with the same intention. In count three, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing a lawnmower owned by the victim.

Taylor K. Laird is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on May 28 in the City of Batavia that she drove a 2002 Dodge on Pearl Street while having a BAC of .08 percent or more, and while a child age 15 or less was a passenger. In count two, Laird is accused of aggravated DWI, a Class E felony, while a child age 15 or less was a passenger. In count three, Laird is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for driving that day while her license was suspended or revoked by authorities, and while she was under the influence of alcohol or a drug.

Chad M. Putney is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on March 30 in the Town of Le Roy that Putney drove a 2008 Ford on Route 5 while he was intoxicated. In count two, he is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 percent or more at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for having in effect three or more suspensions at the the time, imposed on at least three separate dates: Feb. 3, 2018; Dec. 8, 2018; and July 15, 2019 for failure to answer, appear or pay a fine.

December 31, 2020 - 5:11pm
posted by Billie Owens in crime, news, notify, Grand Jury, batavia, Le Roy.

Desiree M. Hutchinson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 12 in the City of Batavia that Hutchinson knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, she is accused of the same crime for allegedly possessing fentanyl that day with intent to sell it. In count three, she is accused of criminal possession of a crontrolled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more substanes containing a a narcotic drug -- cocaine -- which had an aggregate weight of one-eighth of an ounce or more.

Montell L. Cunningham is indicted for the crime of first-degree burglary, a Class B violent felony. It is alleged that on Sept. 13 in an upper apartment on Tracy Avenue in the City of Bataiva that he unlawfully entered a dwelling with the intent to commit a crime and while there caused physical injury to a female victim. In count two, his is accused of second-degree strangulation, a Class D violent felony, for allegedly applying pressure to her neck or throat, with the deliberate intention of impeding normal breathing or blood circulation, and thereby caused stupor, loss of consciousness or physical injury or impairment. In count three, Cunningham is accused of second-degree harassment, a violation. It is alleged in count three that on that day, with intent to annoy or alarm a person, that he struck, shoved, kicked or otherwise subjected the female victim to physical contact.

Anthony J. Welch is indicted for the crime of criminal possession of a controlled substance -- cocaine -- with intent to sell it, a Class B felony. It is alleged that on May 22 in the City of Batavia that Welch possessed cocaine with intent to sell it. In count two Welch is accused of tampering with physical evidence, a Class E felony. It is alleged in count two that on May 22 that he acted with intention to conceal evidence -- upon being confronted by a uniformed police officer, he hid a quantity of cocaine between his buttocks. In count three, Welch is accused of the crime of promoting prison contraband in the frist degree, a Class D felony. It is alleged in count three that on that day he knowingly and unlawfully introduced cocaine into a detention facility -- the Genesee County Jail. In count four, Welch is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count four that on that day he knowingly had scales used to weigh or measure controlled substances and that he intended to use them for unlawfully packaging or dispensing a narcotic drug or stimulant.

David P. Grossman is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Aug. 4 that Grossman entered and remained unlawfully in a dwelling on Highland Park in the City of Batavia with the intent to commit a crime. In count two, he is accused of third-degree criminal mischief, a Class E felony. It is alleged in count two that one that day he damaged property belonging to another person in an amount exceeding $250 -- a City of Batavia police patrol vehicle. In count three, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for damaging property belonging to another person -- a door and the face of a clock. In count four, he is accused of resisting arrest, a Class A misdemeanor, for preventing or attempting to prevent a police officer from arresting him. In count five, Grossman is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for impairing or attempting to impair a public servant from performing an official function by means of intimidation, force or unlawful act. In count six, the defendant is accused of third-degree coercion, a Class A misdemeanor, for making a demand of an officer and instilling fear that if the demand was not complied with, the defendant would cause physical harm to the officer. In counts seven and eight, respectively, Grossman is accused of endangering the welfare of two children, a Class A misdemeanor, for knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of children less than 17 years old.

Jennifer D. Abrams and Tarus O. Fluitt are indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 16 at the Crosby's store on Clinton Street Road in the Town of Batavia that these defendants committed the crime of second-degree criminal mischieg, a Class D felony. It is alleged that on Sept. 16 they intentionally damaged property belonging to another person in an amount exceeding $1,500 -- mutiple doors, a kitchen sink and merchandise at that Crosby's location. In count three, they are accused of third-degree grand larceny, a Class D felony, for allegedly stealing porperty having a value of more than $3,000 -- cigarettes worth $3,500. In count four, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intentionally engaging in conduct that constituted a felony and they agreed and engaged in such conduct.

Aurelio A. Figueroa is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between July 2014 and July 2019 that Figueroa stole property valued at greater than $3,000 --- a total of $9,321 in SNAP (Supplemental Nutrition Assistance Program) benefits. In count two, he is accused of offering a false instrument for filing in the first degree, a Class E felony. It is alleged in count two that on July 5, 2017 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count three, he is accused of the same crime for filing another written instrument -- a Landlord Statement -- allegedly knowing it contained false information and presented it with the intent to defraud a public authority. In count four, it is alleged that on Jan. 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count five it is alleged that on Jan. 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count six, it is alleged that on June 19, 2017 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count seven, it is alleged that on June 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count eight, it is alleged that that on Jan. 14, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count nine, it is alleged that on Jan. 11, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 10, it is alleged that on July 9, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 11, it is alleged that on July 9, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 12, it is alleged that on July 16, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In counts 13 and 14, Figueroa is accused of falsifying business records in the first degree, a Class E felony, for allegedly making a false entries into business records by submitting Shelter Verification forms which had information crossed out on Jan. 19, 2018 and Jan. 14, 2019, respectively.

Ana M. Uribe is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between August and November 2019 in the Town of Batavia that she stole property with a value exceeding $3,000 -- a total of $3,218 in SNAP (Supplemental Nutrition Assistance Program) benefits and public assistance. In count two, Uribe is accused of offering a false instrument for filing in the first degreem a Class E felony. It is alleged in count two that on Sept. 4, 2019 in the Town of Batavia that she submitted a SNAP/Public Assistance Recertification to public authorities knowing that is contained false information and did so with the intent to defraud them.

Robert A. Bell Jr. is indicted for the crime of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that on March 13 of this year that Bell, in the City of Batavia, knowingly possessed stolen property with the intent to benefit himself and its value exceeded $3,000 -- a 2008 Hummer H2.

Craig L. Fien is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on July 22 on Lake Street in the Village of Le Roy that Fien possessed a dangerous instrument -- a bat -- with intent to use it unlawfully against another person. In count two, he is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that day he intentionally placed a person in reasonable fear of physical injury, serious physical injury or death by means of displaying a dangerous instrument -- a bat. In Special Information filed by District Attorney Lawrence Friedman, Fien is accused of having been convicted of: petit larceny, a Class A misdemeanor, on Oct. 22, 2014 in Monroe Couny Court, and the same crime on Nov. 15, 2016, in Town of Batavia Court; criminal possession of stolen property in the fourth degree, a Class E felony, on Aug. 14, 2019 in Genesee County Court; and these convictions form the basis for count one in the current indictment.

December 11, 2020 - 4:05pm
posted by Billie Owens in crime, news, notify, Grand Jury, pembroke, batavia, bergen, byron, Oakfield, Le Roy, Stafford.

Andrea A. Arteaga is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on May 18 in the Village of Le Roy that Arteaga knowingly and unlawfully possessed a narcotic drug -- methamphetamine/amphetamine -- with intent to sell it. In count two, the defendant is accused of criminally possessing a weapon in the third degree, a Class D felony. It is alleged in count two that on May 18 while on Bacon Street in the Village of Le Roy that he possessed a firearm -- a pistol. In count three, he is accused of driving while ability impaired by drugs, a Class E felony. It is alleged in count three that on May 18, he drove a 2015 Chevrolet on Route 5 in Le Roy while his ability to do so was impaired by drugs. In Special Information filed by District Attorney Lawrence Friedman, Arteaga is accused of having been convicted of driving while intoxicated as a Class A misdemeanor on Oct. 22, 2018 in Town of Batavia Court and that conviction forms the basis for counts two and three of the current indictment.

Randy J. Dumbleton is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 17 in the City of Batavia that Dumbleton knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal sale of a controlled substance in the third degree, a Class B felony, for allegedly knowingly and unlawfully possessing a narcotic drug -- cocaine -- with the intent to sell it. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or alcohol, as a misdemeanor. It is alleged in count three that on June 17 in the City of Batavia that he drove a 2003 Honda on Main Street, Dellinger Avenue and Washington Avenue, while his ability to do so was impaired by the combined influence of alcohol and/or drugs.

Angela R. Bateman is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 12 in the City of Batavia that Bateman knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, she is indicted for criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on the same day she also possessed the narcotic fentanyl with intent to sell it. In count three, Bateman is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged that she knowingly possessed scales and balances designed for weighing or measuring controlled substances -- for the purpose of unlawfully manufacturing, packaging or dispensing any narcotic drug or stimulant. In count four, Bateman is indicted for the crime of promoting prison contraband in the first degree, a Class D felony. It is alleged that on Aug. 24 she knowingly and unlawfully introduced a dangerous contraband -- fentanyl -- into a detention facility -- the Genesee County Jail.

Darius L. Jones is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 24 in the City of Batavia that Jones knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the third degree, a Class B felony, for allegedly possessing a narcotic drug -- fentanyl -- that day with intent to sell it. In count three, he is accused of criminal possession of a controlled substance in the fifth degree, a Class D felony, for having cocaine weighing 500 mg or more. In count four, he is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. In count four, it is alleged that Jones possessed gelatine capsules, glassine envelopes, vials, capsules or other materials suitable for the packaging of individual quantities of narotic drugs or stimulants, for the purpose of unlawfully manufacturing, packaging or dispensing them. In count five, Jones is indicted for criminal trespass in the third degree, a Class B misdemeanor. It is alleged in count five that Jones unlawfully entered property on North Spruce Street in the city. In count six, Jones is accused of unlawful possession of marijuana in the second degree, a violation, for allegedly possessing marijuana June 24 in the City of Batavia.

Chaniah L. Wellington-Martino is indicted for the crime of third-degree attempted assault, a Class B misdemeanor. It is alleged that on Aug. 7 in the Town of Stafford that she acted with intent to cause physical harm to a Genesee County Sheriff's investigator and did so by trying to bite him on the left arm. In count two, she is indicted for the crime of resisting arrest. It is alleged that on that day in Stafford that she intentionally prevented or attempted to prevent a police officer from arresting her and that she fought with the officer and attempted to bite him. In count three, she is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that the defendant attempted to grab contraband from a person during a lawful arrest, that she tried to prevent her detainment, and she pulled away from the officer while he attempted to remove a personal item that was entangled around her arm. In count four, Wellington-Martino is accused of tampering with physical evidence, a Class E felony. It is alleged in count four that she threw a purse containing marijuana down an embankment. In count five, she is accused of the same crime as in count four for allegedly trying to retrieve drugs from her co-defendant's pocket. In count six, Wellington-Martino is accused of unlawful possession of marijuana in the second-degree, a violation, for allegedly knowingly possessing marijuana that day in Stafford. In count seven, she is accused of a vehicle and traffic law infraction -- pedestrian failure to walk facing traffic, for allegedly failing to walk on the left side of the roadway or its shoulder facing oncoming traffic.

William R. Metz is indicted for the crime of second-degree criminal possession of a weapon, a Class C violent felony. It is alleged that on April 4 in the Town of Oakfield that Metz possessed a loaded firearm -- Canik 9-mm pistol -- with the intent to use it unlawfully against a person. In count two, Metz is accused of reckless endangerment in the second degree, a Class A misdemeanor. It is alleged in count two that he engaged in conduct that created substantial risk of serious physical injury to a person by discharging three rounds from the pistol into the bedroom floor of a residence on Batavia Oakfield Townline Road that day. In count three, Metz is accused of the crime of second-degree menacing, a Class A misdemeanor. It is alleged in count three that the defendant intentionally placed a person in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a pistol.

Jose A. Rivera is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on July 27, Rivera knowingly and unlawfully entered a building on Swan Street in the City of Batavia with the intent to commit a crime. In count two, Rivera is accused of first-degree criminal contempt, a Class E violent felony, for allegedly violating a duly served order of protection by intentionally harassing, annoying, threatening or alarming the protected party and subjecting her to physical contact.

Markel T. Handley is indicted for the crime of tampering with physical evidence, a Class E felony. It is alleged that on June 15 on Alleghany Road in the Town of Pembroke that the defendant attempted to conceal buprenorphine and naloxone underneath the passenger seat of a Genesee County Sheriff's Office patrol car. In count two, Handley is indicted for criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count two that Handley knowingly and unlawfully possessed controlled substances -- buprenorphine and naloxone.

Jason L. Pullen is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 in the Town of Byron, that Pullen drove a 2003 Honda on Route 237 while he was under the influence of alcohol or a drug and that at the time he has 10 or more suspensions imposed on at least 10 separate dates in effect: Jan. 20, 2009 / July 24, 2009 / Aug. 7, 2009 / Oct. 8, 2009 / Nov. 12, 2009 / Jan. 9, 2010 / May 23, 2012 / Aug. 25, 2013 / Feb. 17, 2017 / Feb. 3, 2019 / March 14, 2019, / and Dec. 20, 2019. In count two, Pullen is indicted for the crime of driving while intoxicated -- as a misdemeanor. It is alleged in count two that on May 24 on Route 237 in Byron, that Pullen drove while intoxicated. In count three, he is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 percent at the time.

Mario A. Reyes is indicted for the crime of driving while intoxicated as a Class D felony. It is alleged that on Sept. 13 in the Town of Stafford that he drove a 2011 Chevrolet on Route 33 while he was intoxicated. In count two, Reyes is accused of DWI, per se, as a Class D felony, for having a BAC of .08 percent at the time. In count three, Reyes is accused of aggravated unlicensed operation in the first degree, a Class E felony, for having a driving that day while his privilege to do so was withdrawn or suspended by authorities. In count four, he is accused of operating a vehicle that was not equipped with an ignition interlock device as he is required to do. In count five, he is accused of unlicensed operation of a motor vehicle for driving without a license that day. In count six, Reyes is accused of moving from his lane of travel unsafely that day in Stafford. In Special Information filed by District Attorney Lawrence Friedman, Reyes is accused of having been convicted of driving while under the influence of alcohol, as a misdemeanor, on July 7 in Orleans County Court, and on March 2, 2017 in County of Hidalgo Court, State of Texas, and those convictions are within 10 years of the crimes alleged in the current indictment.

Andrew T. Pape is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 18 in the Town of Bergen that Pape drove a 2004 Chevrolet on Jerico Road, a public highway, while he was in an intoxicated condition. In Special Information filed by District Attorney Lawrence Friedman, Pape is accused of having been convicted of DWI -- as a misdemeanor -- on Jan. 24, 2012 in Town of Ogden Court, Monroe County, and that conviction is within 10 years of the crime alleged in the current indictment.

Jimmy R. Hill is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Village of Le Roy that Hill drove a 2009 Chevrolet on Lake Street, a public highway, while he was intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In Special Information filed by District Attorney Lawrence Friedman, Hills is accused of having been convicted of DWI -- as a misdemeanor -- on June 26, 2014, in City of Syracuse Court, County of Onondaga, and that conviction was within 10 years of the crimes alleged in the current indictment.

Jason A. Klinkbeil is indicted for the crime of third-degree grand larceny, a Class D felony, for allegedly stealing property having a value of more than $3,000 on Nov. 13 in the City of Batavia that belonged to Chapin Manufacturing Inc.

Jason A. Klinkbeil is indicted for the crime of falsifying business records in the first degree, a Class E felony. It is alleged that on Nov. 19, while at the Pawn King on Veterans Memorial Drive in Batavia, that Klinkbeil -- with intent to defraud -- made a false entry in the business records there by signing a document claiming he was the sole owner of the property he sold. In count two, he is indicted for criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly knowingly possessing stolen property while at Pawn King -- tools.

Shane C. Bunce is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Sept. 8 in the City of Batavia, that Bunce knowingly possessed stolen property that had a value exceeding $1,000 -- a 2007 Honda dirt bike. In count two, he is indicted for criminal possession of stolen property in the fourth degree, a Class E felony, for allegedly knowingly possessing stolen property that had a value exceeding $1,000 -- a 2007 Honda dirt bike. In count three, Bunce is accused of aggravated unlicensed operation in the second degree, an unclassified misdemeanor. It is alleged in count three that on that day in the city he drove a motor vehicle while his privilege to do so was suspended by authorities. In count four, Bunce is accused of trespass, a violation, for allegedly knowingly and unlawfully entering property in the Town of Bergen on Sept. 8.

November 18, 2020 - 3:47pm
posted by Billie Owens in crime, news, notify, batavia, Grand Jury, bergen, Oakfield, Le Roy, Pavilion.

Carlton Burrows is indicted for the crime of reckless endangerment in the first degree, a Class D felony. It is alleged that on July 14 on Veterans Memorial Drive in the Town of Batavia that, with a depraved indifference to human life, Burrows recklessly engaged in conduct that created a grave risk of death to another person: driving a motor vehicle at a NYS Trooper. In count two, he is accused of second-degreee reckless endangerment, a Class A misdemeanor, for engaging in conduct that created a substantial risk of serious physical injury to another person: driving at a Batavia City Police patrol vehicle. In count three Burrows is accused of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on that day he knowingly possessed stolen property that exceeded $100 in value: a 2008 Chevrolet Impala. In count four, Burrows is accused of unlawfully fleeing a police office in a motor vehicle, 3rd, a Class A misdemeanor. It is alleged in count four that, knowing he had been directed to stop his vehicle by a police officer or a marked police vehicle with activated lights and/or sirens, he attempted to flee at speeds of 25 mph or more. In counts five and six, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for refusing to provide a DNA sample and fingerprints, respectively. In count seven, Burrows is accused of speeding for driving on Veterans Memorial Drive in excess of the maximum speed limit for that roadway.

Justin T. Gladney is indicted for the crime of first-degree rape, a class B violent felony. It is alleged that on June 2 or 3, in the City of Batavia that he engaged in sexual intercourse with a person by forcible compulsion. In count two, Gladney is accused of second-degree rape, a Class D violent felony. It is alleged that Gladney, being age 18 or more, engaged in sexual intercourse with a person age 15 or less on June 2 or 3 in the city. In count three, he is accused of possessing a sexual performance by a child, a Class E felony. It is alleged in count three that on June 6 he had in his possession content that included the performance of sexual conduct by a child less that 16 years old. In count four, Gladney is accused of the crime of endangering the welfare of a child, a Class A misdemeanor, for knowingly acting between June 2 and 6 in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old while in the City of Batavia.

Dillen A. Merrell is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 7 at 8:33 p.m. in the Town of Pavilion that Merrell drove a 2009 Chevrolet on Transit Road while he was intoxicated. In count two, he is accused of second-degree vehicular assault, a Class  E felony, for driving while intoxicated that evening and operating the vehicle in such a manner that caused serious physical injury to another person. In count three, Merrell is accused of misdemeanor reckless driving for driving that date in a manner which unreasonably interfered with the free and proper use of a public roadway. It is alleged in count three that Merrell, while impaired by alcohol, drove in the middle of Transit Road while impaired by alcohol, narrowly missing a collision with oncoming vehicles that were operating lawfully. In count four, Merrell is accused of refusing to submit to a breath test when asked to do so by a deputy, a violation of vehicle and traffic law. In count five, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle, a violation of vehicle and traffic law. In count six, Merrell is accused of moving from lane unsafely, another VTL violation, that evening in Pavilion.

Robin S. Brooks is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on July 17 in the City of Batavia Brooks, acting with intent to cause serious physical injury to another person, caused such injury by means of a dangerous instrument -- a door. In count two, Brooks is accused of another account of first-degree assault, for committing the same crime by the same means -- a door -- on July 27 in the City of Batavia. In count three, Brooks is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to a person on Sept. 1 in the City of Batavia. In a separate indictment, Brooks is accused of first-degree criminal nuisance, a Class E felony. It is alleged in the second indictment that between May 17 and June 30 while on Hutchins Place in the City of Batavia, that Brooks knowingly conducted or maintained a place where people came to engage in the unlawful sale of controlled substances and thereby derived the benefit of this conduct.

Andrew L. Kosiorek is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on June 17 that with intention to cause serious physical injury to a person, he did so by means of a dangerous instrument -- footwear. In count two, he is indicted for fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in count two that on that day he intentionally damaged property belonging to another person -- a surveillance camera on the first floot of a building on Highland Park in the City of Batavia.

Shane H. Zimblis is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on June 10 on Bank Street in the City of Batavia that Zimblis violated an order of protection by striking, shoving or otherwise subjecting a protected party to physical contact, or threatening to do so. In count two, Zimblis is accused of second-degree criminal contempt, a Class A misdemeanor, for violating an order of protection by sending electronic messages to the protected party. In count three, the defendant is accused of attempted robbery in the third degree, a Class E violent felony, for attempting to forcibly steal property from the protected party. In count four, Zimblis is accused of second-degree harassment. It is alleged in count four that on that same day on Bank Street, that Zimblis struck, shoved, kicked or otherwise subjected the same victim to physical contact.

Danielle R. Tooley is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged on in late February while on South Main Street in the City of Batavia that she knowingly possessed stolen property with the intention of benefitting herself -- a Syrchony credit card. In counts two and three, she is accused of the same crime for allegedly possessing a Citi Simplicity credit card and a Chase credit card, respectively. In counts five and six, Tooley is accused of the same crime for allegedly possession a Discover Business credit card and a Le Roy Sports Boosters debit card, respectively. In counts seven and eight, she is accused of the same crime for allegedly possessing two Five Star Bank credit cards. In count eight, she is accused of criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly possessing a purse and its contents that did not belong to her.

Judd A. Farewell Jr. is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on May 31 on Coe Avenue in the Village of Oakfield that Farewell stole property having a value exceeding $3,000 -- a 2020 Viper Red Can Am four-wheeler.

Leonard L. Henry is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Oct. 19 in the Town of Batavia that Henry stole property from Kohl's department store having a value in excess of $3,000: amounting to $3,945. In count two, District Attorney Lawrence Friedman accuses Henry of fifth-degree conspiracy, a Class A misdemeanor, for agreeing with one or more persons to engage in conduct that constituted a felony.

Laura M. Lashomb is indicted for the crime of driving while intoxicated as a Class E felony. On Feb.1 in the Town of Bergen it is alleged that Lashomb drove a 2014 Nissan on Interstate 490 while intoxicated. In count two, she is accused of DWI, per se, as a Class E felony, for having a BAC of .08 or more at the time. In count three, she is accused of moving from lane unsafely, a violation of vehicle and traffic law. In Special Information filed by District Attorney Lawrence Friedman, Lashomb is accused of having been convicted of DWI, as a misdemeanor, on July 11, 2013 in Buffalo City Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Richard A. Dekenipp is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on July 19 at the Genesee County Jail in the City of Batavia that he knowingly and unlawfully sold a narcotic drug -- suboxone. In count two, he is accused of promoting prison contraband in the second degree, a Class A misdemeanor, for allegedly knowingly and unlawfully introducing contraband -- suboxone -- into a detention facility.

October 24, 2020 - 1:44pm
posted by Billie Owens in news, crime, notify, Darien, Grand Jury, batavia, Le Roy.

Denzell A. Johnson is indicted for the crime of criminal possession of a weapon in the second degree, a Class C armed violent felony. It is alleged that on Jan. 30 Johnson possessed a loaded firearm -- a SCCY CPX-2 9-mm handgun. In count two, he is accused of criminal possession of a weapon in the third degree, a Class D felony. In count three, Johnson is accused of criminal possession of a weapon on school grounds, a Class E felony. It is alleged in count three that on Jan. 30 he had the handgun while at Jackson Elementary School without written authorization of the educational institution. In count four, Johson is accused of criminal possession of a firearm, a Class E felony. In counts five and six, respectively, the defendant is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing cocaine and methamphetamine that day. In count seven, Johnson is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count seven that he knowingly possessed gelatin capsules, glassine envelopes, vials or capsules or other material suitable for the packaging of individual quantities of narcotic drugs or stimulants for the purpose of unlawfully manufacturing, packaging or dispensing narcotic drugs or stimulants. In count eight, Johnson is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count eight that the defendant failed and refused to stop the vehicle he was operating when directed to do so by a Genesee County Sheriff's deputy, then fled on foot from his vehicle in an attempt to prevent the deputy from performing an official function as a police officer. In count nine, Johnson is accused of unlawfully fleeing a police officer in a motor vehicle in third degree, a Class A misdemeanor. It is alleged in count nine that Johnson, knowing he had been directed by a uniformed police officer or marked police vehicle with activated lights or lights and sirens, attempted to flee by engaging in reckless driving. In count 10, Johnson is accused of reckless driving, a misdemeanor, by driving a 2006 Dodge on a public roadway Jan. 30 in a manner that unreasonably interfered with its free and proper use, or unreasonably endangered users of the roadway. In count 11, the defendant is accused of aggravated unlicensed operation in the third degree, as a misdemeanor, for driving while his privilege to do so was suspended by authorities. In count 12, Johnson is accused of unlicensed operation of a motor vehicle, a violation, for driving without being duly licensed to do so. In count 13, Johnson is accused of knowingly using, possessing or displaying an imitation or counterfeit official certificate of inspection for the 2006 Dodge. In Special Information filed by District Attorney Lawrence Friedman, Johnson is accused of having been convicted of the crime of unauthorized use of a vehicle in third degree, a Class A misdemeanor, on March 2, 2015 in Town of Brighton Court and that conviction forms the basis for count two of the current indictment.

Donald Brown is indicted for the crime of third-degree criminal possession of a controlled substance, a Class B felony. It is alleged that on Aug. 12 that Brown knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, Brown is accused of the same crime for allegedly also possessing fentanyl with intent to sell it. In count three, the defendant is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug -- cocaine -- and these had an aggregate weight of one-eighth of an ounce or more. In count four, Brown is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count four that Brown knowingly and unlawfully possessed a controlled substance -- suboxone. In count five, he is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count five that he knowingly possessed gelatin capsules, glassine envelopes, vials or capsules or other material suitable for the packaging of individual quantities of narcotic drugs or stimulants for the purpose of unlawfully manufacturing, packaging or dispensing narcotic drugs or stimulants. In count six, the defendant is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property.

Kahel Suttles Jr. and Ericka K. McBride are indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Feb. 23 in the Town of Batavia that they stole property valued in excess of $3,000 in merchandise from Target ($3,200.84). In count two, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly agreeing to intentionally commit a felony. In counts three and four, Suttles and McBride are accused of criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly knowingly possessing stolen property -- clothing from Dick's Sporting Goods, and miscellaneous items from Marshalls. In count five, Suttles and McBride are accused of possession of burglar tools, another Class A misdemeanor. It is alleged in count five that they possessed tinfoil that they used to cover security tags to prevent sensors from being activated when merchandise was taken from the stores. In counts six and seven, the duo is accused of sixth-degree conspiracy, a Class B misdemeanor, for allegedly agreeing to steal property from Dick's Sporting Goods and Marshalls, respectively.

Kevin M. Waleski Jr. is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on June 26 Waleski knowingly unlawfully entered a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In counts two and three, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging property -- stairway spindles, and a door frame and lock, respectively. In count four, the defendant is accused of resisting arrest, another Class A misdemeanor, for allegedly attempting to prevent a police officer from arresting him or another person on the same day. In count five, Waleski is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for allegedly intentionally attempting to obstruct a public servant from performing an official function and did so by means of intimidation, physical force, interference or unlawful act.

Ov Murphy is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on April 10 Murphy knowingly entered a building unlawfully, a unit on Highland Park, City of Batavia, with the intent to commit a crime. In count two, Murphy is accused of the same crime while using or threatening to use a dangerous instrument -- a knife. In count three, Murphy is accused of second-degree attempted assault, a Class E felony, for intentionally causing physical injury to a person by means of a dangerous instrument, a knife, in the commission of a crime. In count four, Murphy is accused of second-degree menacing, a Class A misdemeanor, for intentionally placing or attempting to place another person in reasonable fear of physical injury by displaying a knife. In count five, Murphy is accused of criminal possession of a weapon in the third degree, a Class D felony, for possessing a dangerous knife with the intent of use it unlawfully against a person. In Special Information filed Genesee County District Attorney Lawrence Friedman, Murphy is accused of having been convicted of the crimes of: attempted rape in the third degree, a Class A misdemeanor, on July 23, 1998 in Batavia City Court; driving while intoxicated, as a misdemeanor, on Oct. 2, 2003 in Batavia Town Court; two counts of second-degree criminal contempt, a Class A misdemeanor, on March 31, 2006 in Batavia City Court; a third count of second-degree criminal contempt on March 6, 2007 in Batavia City Court; and sex offender failure to report change of address/status within 10 days, a Class A misdemeanor, on May 3, 2007 in Batavia City Court. The convictions form the basis of count five in the current indictment.

Eric H. Hess is indicted for the crime of tampering with physical evidence, a Class E felony. It is alleged that on Feb. 25 in the Town of Le Roy that, believing evidence was about to be produced and intending to prevent that, Hess acted to conceal, alter or destroy it by employing force, intimidation or deception. Hess is accused of tearing open a bag of cocaine and dumping its contents in the backseat and floor area of Genesee County Sheriff's Patrol Car 13. In count two, Hess is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly unlawfully possessing a controlled substance that day -- cocaine.

Nicholas C. Doell is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that sometime between Sept. 1 and 2, Doell knowingly and unlawfully entered a garage on Lippold Road in the Town of Darien with the intent to commit a crime. In count two, Doell is accused of unauthorized use of a motor vehicle, a Class D felony, for taking a 1957 Ford Thunderbird, knowing he did not have the owner's consent, with the intent of using it in the commission of a felony. In count three, Doell is accused of aggravated family offense, a Class E felony, for allegedly committing the crime of second-degree criminal contempt -- an offense against his family or household member, in violation of a valid stay away order of protection. In count four, Doell is accused of a second count of aggravated family offense for allegedly committing the crime of second-degree criminal contempt -- an offense against his family or household member, by intentionally disobeying a mandate of the court -- a valid stay away order of protection. In Special Information filed by District Attorney Lawrence Friedman, Doell is accused of having been convicted of second-degree criminal contempt and fourth-degree criminal mischief on Aug. 31 in Darien Town Court. Those crimes were committed against the same family or household and the convictions took place within the last five years, in violation of the time frame specified in NYS penal law (240.75(1)).

Albert A. Ackerman is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on July 15 at the Quality Inn and Suites Hotel on Park Road in the Town of Batavia that Ackerman violated a stay away order of protection. In Special Information filed by District Attorney Lawrence Friedman, Ackerman is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 31 in Livingston County Court and that conviction was within five years of the crime alleged in the current indictment.

Eric J. McGill is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Sept. 2 in the area of Hutchins Place in the City of Batavia that he possessed a billy (expandable baton). In Special Information filed by District Attorney Lawrence Friedman, McGill is accused of having been convicted of: attempted making a terroristic threat, a Class E felony, on Nov. 10, 2008 in Orleans County Court; third-degree menacing, a Class B misdemeanor, on Sept. 7, 2017 in Town of Shelby Court; and attempted petit larceny, a Class B misdemeanor, on June 13, 2018 in Town of Albion Court. The convictions form the basis for the current indictment.

Deborah A. Schlonski is indicted for the crime of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged that on March 16 Schlonski drove a 2005 Chevrolet on Griswold Road in the Town of Le Roy while knowing her privilege to drive was revoked by authorities and she did so while under the influence of alcohol or a drug. In count two, she is accused of driving that day on Griswold Road while ability impaired by drugs, a Class E felony. In Special Information filed by District Attorney Lawrence Friedman, Schlonski is accused of having been convicted of driving while intoxicated on March 14, 2019 in Town of Stafford Court. That conviction forms the basis for the revocation referred to in count one of the current indictment.

Warren D. Post is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 on Pearl Street Road in the Town of Batavia that Post drove a 2003 Chevrolet while under the influence of alcohol or a drug. In count two, Post is accused of driving while intoxicated, as a misdemeanor, on May 24. In count three, Post is accused of DWI per se, as a misdemeanor, for having a BAC of .08 percent or more that day. In count four, Post is accused of failure to keep right, a violation. In Special Information filed by District Attorney Lawrence Friedman, Post is accused of having been convicted of driving while ability impaired by the consumption of alcohol on June 18, 2018 in Coxsackie Town Court, Greene County, and that conviction forms the basis for the unlicensed operation referred to in count one of the current indictment.

Paul D. Hussey is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that on Oct. 24, 2019 Hussey did not appear in Genesee County Court in connection with a charge against him as required when he was released from custody or allowed to remain at liberty, either upon posting bail or on his own recognizance, upon condition that he would appear on the required date or voluntarily within 30 days thereafter.

September 23, 2020 - 6:52pm
posted by Billie Owens in crime, news, notify, Grand Jury, Oakfield, bergen, Le Roy, byron, batavia.

Akeem R. Gibson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 29 in the City of Batavia that Gibson possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day he knowingly possessed one or more preparations, compounds, mixtures or substances with an aggregate weight of 1/8th ounce or more. In count three, Gibson is accused of aggravated unlicensed operation of a motor vehicle in the third degree, a misdemeanor. It is alleged in count three that on that day Gibson drove a 2005 Chrysler on Ellicott Street while his driver's license was suspended by authorities.

Stephen M. Esposito is indicted for the crime of aggravated vehicular assault, a Class C felony. It is alleged that on Feb. 7 on Route 98 in the Town of Batavia that Esposito engaged in reckless driving and caused serious physical injury to another person. He is accused of driving a 1999 Ford F250 Supercab truck while his ability to do so was impaired by use of a drug and that he operated the vehicle in a manner that caused serious physical injury to a person. In count two, he is accused of driving while ability impaired by drugs, a Class E felony, for driving that day while his ability to do so was impaired by drugs. In Special Information filed by the District Attorney, Esposito is accused of having been convicted of the crime of driving while ability impaired by drugs on March 10, 2016 in Town of Stafford Court and that conviction is within 10 years of crimes alleged in the current indictment.

Patrick O. Spikes is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Dec. 24 that Spikes knowingly entered or remained unlawfully in a building in the first block of Porter Avenue in the City of Batavia with intent to commit a crime. In count two, he is accused of first-degree criminal contempt, a Class E felony. It is alleged in count two that on that day he violated of an order of protection, that he acted with intent to harass, annoy, threaten or alarm the protected person, and subjected that person to physical contact or threatened to do so. In count three, Spikes is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count three that on that day, he applied pressure to the throat or neck of the protected person with the intent to impede normal breathing or blood circulation.

Edward C. Simmons is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Sept. 16, 2019, that Simmons knowingly entered or remained unlawfully in a building with intent to commit a crime. The building was a dwelling in the 2600 block of East Shelby Road in the Town of Oakfield.

Kyle A. Scheuerlein is indicted for the crime of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged that on March 8 in the City of Batavia, Scheuerlein impeded the breathing or blood circulation of another person by applying pressure on that person's throat or neck. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged that on that day, with intent to cause physical injury to a person, that he cause such injury with a dustpan with a long handle. In count three, he is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that on that day he possessed a dangerous instrument -- a dustpan with long handle -- with intent to use it unlawfully against another person. In Special Information filed by the District Attorney, Scheuerlein is accused of having been convicted in in the Circuit Court of the 18th Judicial District, in Du Page County, Ill.: of: (1.) theft of stolen property with intent to deprive, a Class A misdemeanor, Aug. 2, 2011; (2.) theft -- unauthorized control with intent not exceeding $300, a Class A misdemeanor, Aug. 2, 2011; (3.) burglary, a Class 2 felony, on Aug. 2, 2011; (4.) retail theft, possessing displayed merchandise not exceeding $300, a Class A misdemeanor, Feb. 10, 2012; (5.) theft -- unauthorized control with intent to benefit between $500 and $10,000, a Class 3 felony, Feb. 10, 2012; (6.) consumption of alcohol by any person under age 21, a Class A misdemeanor, Feb. 17, 2012; (7.) retail theft -- possession of displayed merchandise, a Class A misdemeanor, June 25, 2013; (8.) retail theft -- possession of displayed merchandise not exceeding $300, a Class A misdemeanor, on June 25, 2013. These convictions form the basis for count three in the current indictment.

Eric J. McGill is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count one that on Nov. 5 in the area of Hutchins Place in the City of Batavia that McGill possessed a dangerous instrument -- a bat, with intent to use it unlawfully against a person. In count two, McGill is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that date he intentionally placed or attempted to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a bat. In count three, McGill is accused of criminal possession of a weapon in the third degree. In count three, it is alleged that on April 12 in the same area, he possessed a billy (an expandable baton). In count four, he is accused of the same crime as in count one, for allegedly possessing an electronic stun gun April 12 in the same area. In count five, he is accused of the same crime as count one, for allegedly possessing a billy on May 2 in the same area. In count six, McGill is accused of the same crime as in count one, for allegedly possession a billy in the same area on June 18. In count seven, the defendant is accused of criminal possession of a weapon in the second degree, a Class D felony, for allegedly possessing a billy on June 18, with intent to use it against another person. In count eight, McGill is accused of the same crime as in count one, for allegedly possessing an electronic stun gun June 18 in the same area. In count nine, McGill is accused of a second count of second-degree criminal possession of a weapon, for allegedly possessing an electronic stun gun June 18 in the same area with intent to use it against a person unlawfully. In Special Information filed by the District Attorney, McGill is accused of having been convicted: on Nov. 10, 2008, in Orleans County Court of attempted making a terroristic threat, a Class E felony; on Sept. 7, 2017, in Town of Shelby Court, of third-degree menacing, a Class B misdemeanor; and on June 13, 2018, in Town of Albion Court, of attempted petit larceny, a Class B misdemeanor. The convictions form the basis for all counts in the current indictment except count two.

Laura Vazquez Coronado is indicted for the crime of driving while intoxicated as a Class D felony. It is alleged that on May 13 in the Town of Byron that Coronado drove a 2009 Chevrolet Cobalt on Griswold Road while she was intoxicated. In count two, Coronado is accused of DWI, per se, as a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, she is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for allegedly knowing at the time that her driver's license was suspended or revoked by authorities and she was driving while allegedly under the influence of alcohol or a drug. In Special Information filed by the District Attorney, Coronado is accused of having been convicted of DWI, as a misdemeanor, on July 25, 2018 in Town of Elba Court, and of the same crime Nov. 28, 2018 in Town of Elba Court. The convictions form the basis for count three of the current indictment.

Samantha G. Reff is indicted for the crime of aggravated driving while ability impaired by drugs, a Class E felony. It is alleged that on Dec. 3 on Route 5 and Kelsey Road in the Town of Batavia that Reff drove a 2006 black Pontiac Torrent while her ability to do so was impaired by use of a drug and that she did so while a child age 15 or less was a passenger. In count two, Reff is accused of aggravated driving while her ability was impaired by drugs, a Class E felony, and while a second child age 15 or less was a passenger. In count three, Reff is accused of endangering the welfare of a child, a Class a misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. In count four, she is accused of the same crime as in count three because a second child less than 17 was involved. In count five, Reff is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly knowingly possessing buprenorphine and naloxone. In count six, she is accused of the same crime as in count six for allegedly knowingly possessing alprazolam.

Derrick R. Kio is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Feb. 21 in the Village of Le Roy that Kio intentionally disobeyed or resisted a stay away order of protection. In count two, he is accused of aggravated unlicensed operation in the second degree, an unclassified misdemeanor. It is alleged in count two that on that day Kio operated a vehicle in the Village of Le Roy while his driver's license was suspended or revoked by authorities. It is further alleged that at the time, he had three or more suspensions imposed on three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the District Attorney, Kio is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Dec. 19 and that conviction was within five years of the crime alleged in the current indictment.

John M. Tullar is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on March 3 in the Town of Bergen that Tullar operated a 2010 Ford on Route 33 while he was intoxicated. In count two, Tullar is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In Special Information filed by the District Attorney, Tullar is accused of having been convicted of DWI, as a misdemeanor, on Nov. 23, 2010 in the Town of Ogden Court, Monroe County, and that conviction was within 10 years of the crimes alleged in the current indictment.

August 7, 2020 - 3:09pm
posted by Billie Owens in news, crime, notify, batavia, bergen, Grand Jury.

Elon A. Seeger is indicted for the crime of attempted assault in the second degree, a Class E felony. It is alleged that on Dec. 15 in the Town of Bergen that, with intent to cause physical injury to another person, he engaged in conduct for which he is now indicted. He is accused of attempting to strike a deputy with his motor vehicle. In count two, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count two that on that day Seeger intentionally obstructed, impaired or perverted the administration of law or other government function, or prevented or attempted to prevent a public servant from performing an official duty. This was allegedly done by means of intimidation, physical force or interference or by means of any independently unlawful act: he ignored multiple police commands to turn off his vehicle and, instead, turned it toward the deputy -- almost striking him -- and then he fled the area at a high rate of speed. In count three, Seeger is accused of unlawful fleeing a police officer in the third degree, also a Class A misdemeanor. It is alleged in count three that while knowing he had been directed to stop, he instead attempted to flee at speeds of 25 mph or more. In count four, Seeger is accused of fourth-degree grand larceny, another Class E felony, for allegedly stealing property -- a debit card.

Ronald P. Dixon Jr. is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Dec. 20 in the City of Batavia that Dixon drove a 2008 Kia on East Avenue while he was intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count two that Dixon drove the vehicle while under the influence of alcohol or a drug and while there were three or more suspensions imposed on him on at least three dates: Nov. 21, 2015; July 7 and July 22, 2016; and Aug. 18, 2017. These were for failure to answer, appear or pay a fine. In count three, Dixon is accused of second-degree harassment. It is alleged in count three that on Dec. 20 in the City of Batavia that with the intent to harass, annoy or alarm another person, Dixon subjected a person to physical contact. In count four, he is accused of the same crime involving a second person. In count five, Dixon is accused of first-degree attempted assault. It is alleged in count five that Dixon, with intent to cause serious physical injury to another person, attempted to cause such injury by means of a dangerous instrument -- a motor vehicle.

Stormy M. Watts is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Dec. 22 while at Walmart in the Town of Batavia that she knowingly possessed stolen property consisting of a Capital One Walmart credit card in the name of another person. In count two, Watts is accused of attempted petit larceny, a Class B misdemeanor, for allegedly attempting to steal property from another person valued at $27.72.

August 3, 2020 - 3:51pm
posted by Billie Owens in Grand Jury, crime, news, batavia, notify, alexander, Le Roy, elba.

Nelson E. Figueroa Jr. is indicted for the crime of predatory sexual assault against a child, a Class A-II felony. It is alleged that on May 1 in the City of Batavia, the defendant -- who is 18 or older -- committed the crime of criminal sexual act in the first degree by engaging in oral sexual conduct with another person who was less that 13 years old. In count two, he is accused of the same crime. It is alleged that from Jan. 1 through April 30, he committed the crime of course of sexual conduct against a child in the first degree by engaging in two or more acts of sexual conduct, which included at least one act of oral sexual conduct with a child under age 13, over a period of time not less that three months in duration. In count three, Figueroa is accused of the crime of first-degree sexual abuse, a Class D violent felony. It is alleged in count three that on May 1 Figueroa was age 21 or older and subjected a person less than 13 years old to sexual contact. In count four, he is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count four that Figueroa, from Jan. 1 through April 30, knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Daniel J. Wolfe is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Nov. 18 on Liberty Street in Batavia that he violated an order of protection by threatening to punch the protected party. In count two, he is accused of the same crime for allegedly punching the victim. In count three, he is accused of the same crime for allegedly threatening serious physical injury or death by displaying a dangerous instrument -- a sword. In count four, he is accused of second-degree harassment. It is alleged in count four that on Nov. 18 he intentionally harassed, annoyed or alarmed another person by striking, shoving, kicking or subjecting a person to physical contact, or attempting or threatening to do so. In count five, he is accused of second-degree menacing, a Class A misdemeanor, for allegedly intentionally placing a person in reasonable fear of physical injury, serious physical injury or death -- or attempting to do so -- by displaying a dangerous instrument -- a sword. In count six, Wolfe is accused of the crime of menacing a police officer, a Class D violent felony, for allegedly intentionally placing or attempting to place a police officer in reasonable fear of physical injury, serious physical injury or death by displaying a knife when the officer was performing official duties. In count seven, Wolfe is accused of the same crime as in count six but is accused of displaying a BB rifle. In counts eight, nine and 10, Wolfe is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in counts eight, nine and 10, respectively, that on Nov. 19 on Liberty Street in Batavia that he possessed dangerous instruments -- a knife, a samurai sword, and a BB rifle, with intent to use them unlawfully against a person. In count 10, Wolfe is accused of the crime of attempted killing of a police work dog, a Class E felony. It is alleged in count 10, that on Nov. 19, Wolfe attempted to kill Genesee County Sheriff's Office K-9 Frankie by swinging a knife at K-9 Frankie. In count 12, the defendant is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging property belonging to another person in the City of Batavia; he is accused of breaking two windows. In Special Information filed by the District Attorney, Wolfe is accused of having been convicted of petit larceny, a Class A misdemeanor, on Feb. 20, 2014 in the City of Batavia Court and that conviction forms the basis for elevating counts eight, nine and 10 in the current indictment to criminal possession of a weapon in the third degree -- class D felonies.

William T. Hughes is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Feb. 25 at an address on South Spruce Street in the City of Batavia, Hughes violated an order of protection issued in February by striking, kicking or shoving a victim protected by the order, or he attempted or threatened to do so. In count two, Hughes is accused of first-degree criminal contempt, also a Class E felony, for placing a person with an order of protection against him in reasonable fear of death, imminent serious physical injury or physical injury. In count three, Hughes is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count three that the defendant intended to impede normal breathing or blood circulation of the victim by applying pressure on their throat or neck. In count four, Hughes is accused of second-degree criminal contempt, also a Class A misdemeanor, for allegedly intentionally disobeying a mandate of the court in violation of an order of protection by telephoning the victim July 20. In count five, Hughes is accused of a second count of second-degree criminal contempt for allegedly phoning the victim in February in violation of an order of protection. In count six, the defendant is accused of a second count of first-degree criminal contempt for violating an order of protection by failing to stay away from the protected person as required by the court.

Franklin D. Cook is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Jan. 8 in the Town of Elba, Cook intentionally disobeyed a family offense stay away order of protection by being in the presence of the protected party. In count two, Cook is accused of the same crime on March 27. In count three, the defendant is accused of the same crime for a third time for allegedly harassing, annoying, threatening or alarming the protected party and subjecting the person to physical contact. In count four, Cook is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, for allegedly appying pressure on the throat or neck of the victim. In Special Information filed by the District Attorney, Cook is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Dec. 19 in Town of Elba Court and that conviction is within five years of the crimes alleged in the current indictment.

Roy L. Watson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on May 4 in the City of Batavia that Watson knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures of substances containing cocaine, and these had an aggregate weight of an eighth of an ounce or more.

David J. Reschke is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged in counts one through six that on Nov. 30 in the Town of Le Roy that Reschke stole, respectively per count: a Syrchony credit card; a Citi Simplicity credit card; a Chase credit card; Discover Business credit card; a Le Roy Sports Boosters debit card; and a Five Star Bank debit card. In count seven, the defendant is accused of a seventh count of fourth-degree grand larceny for allegedly stealing property having a value exceeding $1,000, in this case about $2,400 in U.S. currency. In count eight, he is accused of the crime of petit larceny, a Class A misdemeanor, for allegedly stealing a purse and its contents that day in the Town of Le Roy.

Judd A. Farewell is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that sometime between the late evening hours of Jan. 16 and the early morning hours of Jan. 17, that Farewell knowingly and unlawfully entered a building on Lake Street in the Town of Le Roy with the intent to commit a crime. In count two, Farewell is accused of second-degree criminal mischief. It is alleged in count two that he intentionally damaged the property of another person in an amount exceeding $1,500. The property consisted of various copper piping and a valve on a boiler system on Lake Street in the Town of Le Roy. In count three, Farewell is accused of petit larceny, a Class A misdemeanor, for allegedly stealing an Xbox, Xbox controller and 15 Xbox games. In count four, he is again accused of petit larceny for allegedly stealing two blue totes containing miscellaneous tools.

Mark R. Ogee is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Feb. 24 in the Village of Le Roy, that Ogee drove a 2001 Chevrolet on state routes 5 and 19 while in an intoxicated condition. In count two, Ogee is accused of DWI, per se, also a Class E felony, for allegedly having a BAC of .08 percent at the time, as shown by a chemical breath analysis. In count three, Ogee is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for knowing or having reason to know that his driver's license was revoked by authorities in New York at the time of this incident and while he was under the influence of alcohol or a drug. In Special Information filed by the District Attorney, Ogee is accused of having been convicted of DWI, as a misdemeanor, on Oct. 15, 2018 in Town of Caledonia Court. The conviction forms the basis of count three in the current indictment.

Joshua L. Baltz is indicted for the crime of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony. it is alleged that on May 23 in the Town of Alexander, that Baltz drove a 2019 Ford on Route 98 while knowing or having reason to know that his driver's license was suspended or revoked by authorities and while he was under the influence of alcohol or a drug. In count two, Baltz is accused of driving while ability impaired by drugs at the time. In Special Information filed by the District Attorney, Baltz is accused of having been convicted of DWI on March 3, 2008 in Town of Warsaw Court and that conviction forms the basis for the suspension or revocation referred to in count one. Furthermore, the District Attorney states that Baltz knew of the prior conviction and that his suspension or revocation was still in effect.

James J. Bartosik Jr. is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Sept. 15 that Bartosik drove a 2005 Dodge on the Genesee County Fairgrounds parking lot while he was intoxicated. In Special Information filed by the District Attorney, Bartosik is accused of having been convicted of DWI, per se, as a felony, on Nov. 24, 2014 in Orleans County Court. The conviction was within 10 years of the crime alleged in the current indictment.

David Vega is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 8 in the City of Batavia, that Vega drove a 2008 Chevrolet on Clinton Street while his driver's license was suspended or revoked. It is further alleged that he had 10 or more suspensions (14) imposed on at least 10 separate dates for failure to answer, appear in court or pay a fine: June 12, 1996 in the City of Canandaigua, Ontario County; March 10, 2009 in the Town of Ontario, Wayne County; April 14, May 19, June 2, July 28, Aug. 22, 2015, Rochester Administrative Adjudication Bureau, Monroe County; June 7 and July 8, 2015, Town of Gates, Monroe County; Nov. 18, 2015, Town of Irondequoit, Monroe County; Dec. 19, Dec. 25, 2015 and Feb. 11, 2016, and Aug. 5, 2018 -- City of Rochester, Monroe County.

December 2, 2019 - 6:30pm
posted by Billie Owens in crime, news, notify, Grand Jury, batavia, bergen, Oakfield, Alabama, Le Roy.

Donald J. Frisby is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on July 14 on Clay Street in the Town of Le Roy that Frisby subjected another person to sexual contact by forcible compulsion.

Morgan L. Cox Jr. is indicted for the crime of menacing a police officer, a Class D violent felony. It is alleged that on Sept. 28 in the City of Batavia that Cox intentionally place or attempted to place a police officer in reasonable fear of physical injury or serious physical injury or death by displaying a knife while the officer was performing his duties. In count two, Cox is accused of first-degree menacing, a Class E felony, for allegedly intentionally placing another person in fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a knife. In count three, Cox is accused of criminal possession of a weapon in the third degree, a Class D felony, for allegedly intentionally using a dangerous instrument -- a knife -- against another person. In count four, Cox is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count four that Cox intentionally obstructed, impaired or prevented a public servant from performing his duties, or tried to do so, by means of intimidation, physical force or interference or an unlawful act. In Special Information filed by the District Attorney, Cox is accused of having been convicted of second-degree menacing, a Class A misdemeanor, in the City of Batavia (date not provided) and that conviction forms the basis of counts two and three in the current indictment.

Steven M. Lindner is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 18 in the City of Batavia that Lindner knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the third degree, also a Class B felony. It is alleged in count two that the defendant possessed a narcotic drug -- fentanyl -- with intent to sell it. In count three, Lindner is accsued of criminal possession of a controlled substance in the fifth degree, a Class D felony, for allegedly possessing cocaine in an amount weighing 500 milligrams or more. In counts four and five, respectively, the defendant is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing controlled substances unlawfully -- fentanyl and alprazolam. In count six, he is accused of unlawful possession of marijuana in the second degree, a violation.

Carey Culverhouse is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on Sept. 2, 2017 in the City of Batavia that Culverhouse intentionally seriously injured another person by means of a dangerous instrument -- a knife.

Dalton C. Kelly is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Sept. 18 on Chase Park in the City of Batavia that Kelly intentionally caused physical injury to another person by means of a dangerous instrument (not specified). In count two, Kelly is accused of second-degree menacing, a Class A misdemeanor, for allegedly intentionally placing a person in reasonable fear of physical injury, serious physical injury or death, or attempting to do so, by displaying a dangerous instrument (unspecified).

Kevin J. Weber is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Sept. 19 on Judge Road in Alabama that Weber intentionally caused serious physical injury to another person. In count two, he is accused of third-degree menacing, a Class B misdemeanor, for allegedly placing, or attempting to place, a person in fear of death, imminent serious physical injury or physical injury by means by physical menace.

Shonje K. Jefferson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 27 in the City of Batavia that Jeffereson knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, Jefferson is accused of unlawful possession of marijuana in the second degree, a violation.

Darius L. Jones and Trevon L. Armstrong are indicted for the crime of criminal possession of a weapon in the second degree, a Class C armed violent felony. It is alleged that on Oct. 2 in the City of Batavia that they possessed a loaded firearm, an Amadeo Rossi .38-caliber revolver. In count two Jones and Armstrong are accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that on Oct. 2 they intentionally disobeyed or resisted the lawful process or mandate of a court. In count three, they are accused of endangering the welfare of a child for allegedly knowingly acting in manner likely to be injuious to the physical, mental or moral welfare of a child less than 17 years old. In count four, they are accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing acetaminophen / oxycodone hydrochloride. In count five, they are accused of unlawful possession of marijuana, a violation. In count six, Jones is accused of exposure of a person, a violation, for allegedly appearing in a public place in a manner that exposed his body's private parts.

Louis C. Restivo is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on July 13 in the Town of Bergen that Restivo intentionally caused physical injury to another person by means of a dangerous instrument (unspecified).

Jon N. Roblee is indicted for the crime of menacing in the first degree, a Class E felony. It is alleged that on Sept. 29 in the City of Batavia that Roblee intentionally placed another person in fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a metal pipe. In count two, Roblee is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count two that he intentionally obstructed, impaired or prevented a public servant from performing his duties, or tried to do so, by means of intimidation, physical force or interference or an unlawful act. In Special Information filed by the District Attorney, Roblee is accused of having been convicted of the crime of second-degree menacing, a Class A misdemeanor, on Nov. 7, 2011 and that conviction was within 10 years of the crimes alleged in the current indictment.

Ernest D. Lane is indicted for the crime of aggravated family offense, a Class E felony. It is alleged that on April 8 at an apartment on Ellicott Street in the City of Batavia that Lane that intentionally disobeyed or resisted the lawful process or mandate of a court -- a valid stay away order of protection issued March 28 in Batavia City Court. He did so by allegedly being at the home of the protected party. In count two, Lane is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly being at the home of the protected party that day. In Special Information filed by the District Attorney, Lane is accused of having been convicted of the crime of third-degree menacing against members of the same household and a special offense because the conviction was within the last five years -- on Jan. 18, 2018.

Katrina L. Gerace is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 3 in the Town of Elba that Gerace drove a 2012 Mini Cooper on Route 262 while intoxicated. In count two, Gerace is accused for aggravated DWI per se, also a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In Special Information filed by the District Attorney, Gerace is accused of having been convicted of driving under the influence or alcohol or a controlled substance, as a misdemeanor, "Highest Rate of Alcohol .16 percent BAC or higher," on Dec. 8, 2014 in the Court of Common Pleas of Erie County, Pa., and that conviction was within 10 years of the crimes alleged in the current indictment.

Jay W. Schafer is indicted for the crime of criminal possession of a firearm, a Class E felony. It is alleged that on June 19 in the City of Batavia that Schafer possessed a Smith and Wesson, Model 10, .38-caliber Special revolver.

Adam M. Kreutz is indicted for the crime of offering a false instrument for filing in the first degree, a Class E felony. It is alleged that at an address on Fisher Road in Oakfield on June 22 that Keutz presented a supporting deposition to a public servant, knowing that the document contained a false statement or false information and that it would become part of the official records. In count two, he is accused of falsifying business records in the first degree, also a Class E felony. It is alleged in count two that on June 22 at an address on Fisher Road in the Town of Oakfield that he intentionally tried to defraud or make a false entry in the business records of an enterprise. This was allegedly done by providing a supporting deposition that attempted to conceal the commission of reckless driving.

October 14, 2019 - 3:07pm
posted by Billie Owens in Grand Jury, crime, news, batavia, Le Roy, Pavilion, Darien.

Michele R. Williams is indicted for the crime of aggravated driving while intoxicated with a child in the vehicle, which is a Class E felony. It is alleged that on May 24 in the Town of Darien that Williams drove a 2013 Chevrolet on Route 77 while having a BAC of .08 percent or more and while a child age 15 or less was a passenger. In count two, Williams is accused of aggravated DWI with a child as passenger, a Class E felony, also on May 24. In counts three and four, Williams is accused of the same crimes, respectively, for having a second child age 15 or less in the vehicle. In counts five and six, Williams is accused of the same crimes, respectively, for having a third child age 15 or less in the vehicle. In counts seven and eight, Williams is accused of the same crimes, respectively, for having a fourth child age 15 or less in the vehicle​. In counts nine and 10, Williams is accused of the same crimes, respectively, for having a fifth child age 15 or less in the vehicle​. In count 11, Williams is accused of following another vehicle too closely, a vehicle and traffic violation, without having due regard for the speed to the vehicle, the traffic or the condition of the roadway.

Taraleen T. Tundo is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on May 1 in the Town of Stafford that Tundo drove a 2004 Ford on Route 5 while her ability to do so was impaired by the conbined influence of drugs and while a child age 15 or less was a passenger. In count two, Tundo is accused of driving left of pavement markings the same day, a vehicle and traffic violation. In count three, she is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count three that Tundo knowingly possessed gelatin capsules, glassine envelopes, vials, capsules or other material suitable for packaging individual quantities or narcotic drugs.

Brian K. Dyer is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on July 5 in the City of Batavia that Dyer intended to, and did, cause serious physical injury to another person by means of a dangerous instrument -- a concrete statue. In count two, Dyer is accused of criminal possession of a weapon in the third degree, a Class D felony, for possessing a dangerous instrument -- a concrete statue -- with the intent to use it unlawfully against another person.

Patrick J. Gonzales is indicted for the crime of third-degress burglary, a Class D felony. On March 16, 2017, Gonzales allegedly knowingly entered a building on Lake Street in the Town of Le Roy with the intent to commit a crime. In count two, he is accused of third-degree grand larceny, also a Class D felony, for allegedly stealing property with a value in excess of $3,000 -- a safe and personal property valued at about $3,702.50 in U.S. currency.

Sybil D. Davis is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on April 3 in the Town of Le Roy that Davis drove a 2001 Dodge on Route 19 while her license was suspended or revoked by authorities and while she was under the influence of a drug or alcohol. In count two, she is accused of driving that day while her ability was impaired by the combined influence of drugs or alcohol, as a misdemeanor. In count three, Davis is accused of reckless driving, as a misdemeanor, for driving that day in a manner that unreasonably interfered with the free and proper use of the roadway or unreasonably endangered users of the roadway. In count three, Davis is accused of reckless driving for crossing the center line and driving into the path of an oncoming vehicle in the Town of Pavilion and/or Le Roy that was operating lawfully; the affected vehicle had to engage in evasive manuevers in order to avoid a collision. In count four, Davis is accused of reckless driving for crossing the center line and driving into the path of an oncoming vehicle in the Town of Le Roy that was operating lawfully; the affected vehicle had to engage in evasive manuevers in order to avoid a collision. In count five, Davis is accused of reckless driving for crossing the center line and driving into the path of an oncoming vehicle in the Village of Le Roy that was operating lawfully; the affected vehicle had to engage in evasive manuevers in order to avoid a collision. In count six, Davis is accused of attempted escape in the third degree, a Class B misdemeanor, for allegedly attempting to escape from custody on April 3 in the Town of Le Roy.

Joseph L. Ruise is indicted for criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 21 in the City of Batavia that Ruise knowingly possessed cocaine with the intent to sell it. In count two, Ruise is charged with criminal possession of a controlled substance in the fourth degree, a Class C felony. In count two, he is accused of knowingly and unlawfully possessing one or more preparations, compounds or mixtures containing the narcotic drug cocaine and these had an aggragate weight of one-eighth ounce or more. In count three, Ruise is indicted for the crime of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count three that on the same day, Ruise knowlingly possessed gelatin capsules, glassine envelopes, vials, capsules or other material suitable for packaging individual quantities of narcotic drugs.

Christopher A. Ridgeway is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on June 27 in the City of Batavia that Ridgeway knowingly and unlawfully possessed cocaine with the intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count two that on the same day, Ridgeway knowingly and unlawfully possessed alprazolam.

September 7, 2019 - 8:00am
posted by Billie Owens in Grand Jury, Le Roy, crime, news, notify.

Lorie A. Litolff is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on March 30 in the Town of Le Roy that Litolff drove a 2003 Chevrolet on Route 19 (Lake Street) while intoxicated. In count two, she is accused of leaving the scene of an incident without reporting it, a Class E felony. It is alleged in count two that she drove the Chevrolet when an incident occurred that resulted in serious physical injury to a person and she knew this but failed to stop. And when no police officer was in the vicinity when the injury was sustained, she failed to report it as soon as she was able to.

Ronald G. Besemer-McLean is indicted for the crime of aggravated unlicensed operation of a motor vehicle in the first degree, a CLass E felony. It is alleged that on March 2 in the Town of Le Roy that Besemer-McClean drove a 2006 Acura on I-490 when he knew his driver's license was suspended or revoked and while he was under to influence of alcohol or a drug. In count two, he is accused of driving while intoxicated as a Class E felony. In count three, he is accused of tampering with physical evidence, a Class E felony. It is alleged in count three that he defied police orders and placed a plastic baggie containing an unknown substance in his mouth and swallowed it. In count four, Besemer-McClean is accused of resisting arrest, a Class A misdemeanor. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI, as a misdemeanor, on Nov. 7, 2012 in City of Rochester Court. The conviction forms the basis for the suspension or revocation referred to in count one of the current indictment.

August 20, 2019 - 5:27pm
posted by Billie Owens in crime, news, Grand Jury, notify, murder, batavia.

The Genesee County Grand Jury today indicated a former Rochester parolee for second-degree murder stemming from the June 1 death of Good Samaritan Michael R. Paladino, who was fatally stabbed after coming to the aid of a woman allegedly being beaten on Ross Street by Quinton J. Edmonds (photo above).

The crime Edmonds is accused of is a Class A-1 felony. The indictment alleges that Edmonds intentionally caused Paladino's death.

Paladino, 43, was stabbed outside of his apartment after trying to come to the aid of the woman who was under attack.

Batavia Police Chief Shawn Heubusch said after the incident that their investigation indicated that Edmonds was in a vehicle in the City when an argument began between Edmonds and at least one of the two women in the vehicle with him. The vehicle stopped on Ross Street and the argument continued outside the vehicle.

Emergency dispatchers received a call of the disturbance at 5/7 Ross St. at 12:44 a.m.

Paladino suffered multiple stab and cut wounds to his upper torso and head and collapsed in the entryway of his apartment. He was transported by Mercy EMS to UMMC. He was pronounced dead at 5:05 a.m. by Coroner Don Coleman.

The women in the vehicle fled the scene right away and a police officer saw a vehicle driving erratically and stopped it in the parking lot just east of St. Joseph School.

Edmonds was well known to Batavia police, according to previous statements by Heubusch. 

State records indicate Edmonds was convicted in 2015 in Monroe County of criminal possession of a weapon, 2nd, and sentenced to two and a half years in prison. His parole ended in April 2018.

For previous coverage about the Ross Street crime, click here.

August 14, 2019 - 4:41pm
posted by Billie Owens in crime, news, notify, Grand Jury, batavia, Le Roy, Alabama, pembroke.

Benjamin Santiago Jr. is indicted for the crime of first-degree robbery, a Class B violent felony. It is alleged that on June 2 at an upper apartment on Ellicott Street in Batavia that Santiago forcibly stole property from another person, and in the course of the commission of the crime used or threatened the immediate use of a dangerous instrument -- a hammer. In count two, Santiago is accused of forcibly stealing property and in the commission of the crime, causing serious physical injury to a person. It is also a Class B violent felony. In count three the defendant is accused of first-degree assault, another Class B violent felony, for intentionally causing serious physical injury to another person by means of a dangerous instrument -- a hammer. In count four, Santiago is accused of grand larceny in the fourth degree, a Class E felony, for stealing a credit or debit card belonging to another person. In count five, he is accused of petit larceny, a Class A misdemeanor, for stealing U.S. currency from the same victim. In count six, he is accused of petit larceny for stealing a Fuji bicycle from a different victim that day on Bank Street in the city, which is a misdemeanor. In count seven, Santiago is accused of second-degree burglary, a Class C violent felony, for entering a dwelling on Bank Street Road in the Town of Batavia with the intent to commit a crime. In count eight, the defendant is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property with a value of more than $3,000 -- a 2010 Ford F150 Lariat super cab truck -- belonging to a third victim.

Juaquin E. Davis is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Jan. 16 in the City of Batavia that he violated an order of protection by being in the presence of the protected party. In count two his is accused of the same crime on March 18. In count three, Davis is accused of the same crime on March 18 for allegedly grabbing the protected party by the hair and pushing her up against a wall, then shoving her against a window. In Special Information filed by the District Attorney, Davis is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 3 in City of Batavia Court. His conviction stems from violating an order of protection and that conviction was within five years of the crimes alleged in the current indictment.

Cody M. Landin is indicted for the crime of aggravated driving while intoxicated, a Class E felony. It is alleged that on March 20 in the Town of Stafford that Landin drove a 2008 Mazda on Route 237 while intoxicated and while a passenger age 15 or under was a passenger. In count two, he is accused DWI, also as a Class E felony, for driving that day while allegedly intoxicated. In count three, Landin is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for allegedly driving while intoxicated, knowing that his NYS driver's license was suspended or revoked by authorities. In count four, he is accused of aggravated unlicensed operation in the third degree, as a misdemeanor, for driving when his license was suspended by authorities on Nov. 14. In count five, the defendant is accused of refusing to submit to a breath test, a violation of vehicle and traffic law. In Special Information filed by the District Attorney's Office, Landin is accused of having been convicted of driving while ability impaired by alcohol and drugs, as a misdemeanor, on Jan. 14 in Town of Covington Court and that conviction was within 10 years of the crimes alleged in the current indictment. The conviction forms the basis of the driver's license revocation referred to in count three of the current indictment. The DA also accused Landin of failing to pay a fine imposed for a conviction in Town of Le Roy court for an offense committed on May 15, 2018; failure to pay that fine forms the basis for the driver's license suspension on Nov. 14.

Eric C. Cleary is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on March 31 in the Town of Alabama that Cleary drove a 2016 Ford van on Lewiston Road while intoxicated. In count two, he is accused of first-degree aggravated unlicensed operation of a motor vehicle, a Class E felony, for driving that day while intoxicated and while his driver's license was suspended or revoked by authorities. In Special Information filed by the District Attorney, Cleary is accused of having been convicted for DWI, as a felony, on Nov. 23, 2010 in County of Monroe Court and that conviction is within 10 years of the crimes alleged in the current indictment. He is also accused by the DA of having been charged in Brighton Town Court of DWI, per se, on Nov. 18 of last year, and prosecution of that crime forms the suspension referred to in count two of the current indictment. Furthermore, as a result of the Nov. 18 crime, his driver's license was suspended or revoked on Dec. 19 pending the prosecution of it.

Eduardo Santiago is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on May 19 in the Town of Pembroke that Santiago drove a 2002 Fore Ranger westward on I-90 while having a BAC of .08 percent or more and while a child age 15 or less was a passenger. In count two, he is accused of aggravated DWI, also as a Class E felony, for driving while intoxicated with a passenger age 15 or less. In count three, he is accused of speeding for driving over the maximum speed limit. In count four, he is accused of unlicensed operation of a motor vehicle for driving the Ford Ranger without a driver's license.

Paula A. Cipro is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on March 21 that Cipro knowingly possessed stolen property while on Bank Street in the City of Batavia -- a debit card belonging to another person. In count two, she is accused of petit larceny, a Class A misdemeanor, for using the victim's debit card to make purchases at a local deli.

July 15, 2019 - 2:24pm
posted by Billie Owens in crime, news, Grand Jury, Le Roy, Alabama, batavia.

Craig L. Fien Jr. and Carla L. Catalano are indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that in late October through early November in the Town of Le Roy that the defendants knowingly possessed stolen property consisting of one or more firearms, rifles or shotguns, in this case a Savage Arms Stevens model 320 pump shotgun. In count two, the duo is accused by the district attorney of fifth-degree conspiracy, a Class A misdemeanor, for intentionally engaging in conduct that constituted a felony.

James M. Mucci is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on April 21 in the Town of Batavia that Mucci drove a 2006 Chevrolet on the Thruway while he was intoxicated and while a child age 15 or less was a passenger. In count two, He is accused of aggravated DWI, per se, as a Class E felony, for having a BAC of .08 percent of more at the the time and while a child age 15 or less was a passenger. In count three, Mucci is accused of aggravated DWI, per se, as a misdemeanor, of have a BAC of .18 or more at the time. In count four, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner that day likely to be injurious to the physical, mental or moral welfare of a child less than 17.

Sharnice S. Gibson, is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on March 14 in the Town of Alabama that Gibson drove a 2002 Saturn on Route 63 while intoxicated and while a child age 15 or less was a passenger. In count two, she is accused of aggravated DWI, as a Class E felony, for driving while intoxicated while a second child age 15 or less was a passenger.

June 15, 2019 - 4:59pm
posted by Billie Owens in Grand Jury, crime, news, notify, Le Roy, batavia, bergen.

Guillermo J. Torres-Acevedo is indicted for the crime of second-degree rape, a Class D violent felony. He is an adult accused of engaging is sexual intercourse with a person under 15 years old sometime during October at or near the County Meadows Manufactured Home Community in the Town of Batavia. In count two, he is accused of the same crime during September or October, on a different occasion. In count three, he is accused of the same crime in October while in the parking lot of a hotel in the Town of Batavia. In count four, he is accused of the same crime sometime between Nov. 25 and 26 in the Town of Batavia. In counts five, six and seven he is accused of criminal sexual act in the second degree, also a Class D violent felony, for allegedly engaging in oral sexual conduct with a person under age 15 sometime during October or November in the Town of Batavia on three different occasions. In count eight, Torres-Acevedo is accused of another count of criminal sexual act in the second degree, for allegedly engaging in oral sexual conduct with a person under age 15 sometime between Nov. 25 and 26 in the Town of Batavia. In count nine, the defendant is accused of second-degree kidnapping, a Class B violent felony, for allegedly abducting a person in the Town of Bergen on Nov. 29. In count 10, he is accused of second-degree criminal contempt, a Class A misdemeanor, for intentionally disobeying a court order of protection to stay away from the victim. In count 11, the defendant is indicted for endangering the welfare of a child, a Class A misdemeanor, for acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17. In count 12, Torres-Acevedo is indicted for the crime of first-degree custodial interference, a Class E felony. It is alleged in count 12 that on Nov. 29, the defendant unlawfully took a child from her lawful custodian and removed her from the state. In count 13, he is accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly taking a 2012 Dodge Journey without the owner's consent.

Darius L. Jones is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 22 in the City of Batavia that Jones knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it.

Marquise L. Lee and Derek E. Wilcox are indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on March 27 in the City of Batavia that they knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it.

Christopher L. Burns is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Feb. 16 in the Town of Le Roy that he drove a 2014 Fiat on Route 5 while intoxicated. In count two, burns is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 or more at the time. In Special Information filed by the District Attorney, Burns is accused of having been convicted of DWI, as a misdemeanor, on Sept. 24, 2012 in County of Monroe Court and that conviction is within 10 previous to the crimes alleged in the current indictment.

Shah L. Zajic is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 27 in the Town of Le Roy that Zajic drove a 2012 Toyota on Route 19 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class E felony, for allegedly having a BAC of .18 percent or more at the time. In Special Information filed by the District Attorney, Zajic is accused of having been convicted of the crime of DWI, as a misdemeanor, on Feb. 14, 2017, in City of Batavia Court and that conviction is within 10 years of the crimes alleged in the current indictment.

June 13, 2019 - 4:53pm
posted by Howard B. Owens in Grand Jury, crime, news, notify, batavia.
malikayla2018.jpg
       Malik Ayala

For the second time this year, the actions of a stenographer in the Grand Jury room is causing difficulties for District Attorney Lawrence Friedman in the Genesee County Courtroom.

Today, Friedman moved to have what had been a sealed indictment on burglary, trespass, and forgery charges dismissed because a stenographer spoke to grand jurors about the case while the prosecutor was out of the room.

Friedman must now have a new grand jury hear the case against Malik Ayala at a later date.

Ayala was in court today to deal with matters related to his pending case -- criminal possession of stolen property -- and he was also arraigned on these new charges from the sealed indictment.

The counts in the indictment were burglary, 2nd, criminal possession of stolen property, 3rd, and forgery.

Immediately after the charges were read, Friedman made a motion to dismiss the indictment because a court stenographer had jeopardized the integrity of the proceeding. 

Freidman said he had previously informed Public Defender Jerry Ader, who is representing Ayala, that he would move to have the indictment dismissed but with the court's permission to resubmit the case to a grand jury.

He gave Ader a choice -- to present it to the current grand jury, which is the one that heard the case the first time, or waits for a new grand jury to be empaneled.

Ader asked that the case be presented to a new grand jury.

In March, Friedman revealed during another court proceeding that a stenographer had been using an audio recording device on her machine to record grand jury proceedings.

Friedman had another appointment after Ayala's case and was not immediately available for questions, so we don't know if this is the same or a different stenographer.

Ayala was arrested in November along with his brother TeeSean Ayala after the two men were stopped in a car that had pulled into the driveway of County Manager Jay Gsell where they reportedly tried to dispose of a handgun.

During today's proceedings, Judge Charles Zambito told Ayala that he had been informed that Ayala had violated the terms of his release-under-supervision contract. He said that Ayala is accused of testing positive for marijuana and alcohol consumption May 7 and May 14, and for marijuana, cocaine, and alcohol May 28, and that he was arrested on a petit larceny charge June 7.

Zambito had the option to terminate his release under supervision but based on updated reports from Horizon the judge decided it was better to allow Ayala to continue treatment. He warned Ayala that if there are further violations, he would put Ayala in jail and impose bail.

Ayala's status could change when and if a new grand jury indictment is returned.

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