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Grand Jury

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.

May 31, 2019 - 4:49pm
posted by Billie Owens in news, crime, notify, Grand Jury, batavia.

Andrew A. Said is indicted for the crime of attempted aggravated assault upon a police officer, a Class C felony. It is alleged that on Aug. 3, he intentionally attempted to cause physical harm to a police officer in the Town of Batavia by means of a dangerous instrument -- a motor vehicle -- when the officer was performing official duties. In count two, he is accused of first-degree attempted assault, a Class C violent felony, for allegedly attempting to cause serious physical injury to another person. In count three, Said is accused of first-degree reckless endangerment, a Class D felony, for recklessly engaging in conduct which created a grave risk of death to another person, under circumstances with exhibited a depraved indifference to human life. In count four, Said is accused of third-degree criminal mischief, a Class E felony, for allegedly intentionally damaging another's person's property in an amount exceeding $250 -- an unmarked NYS Police vehicle operated by a trooper. In counts five and six, the defendant is accused of second-degree criminal mischief, a Class D felony, for allegedly intentionally damaging another person's property -- NYS Police vehicles operated by two other troopers -- in an amount exceeding $1,500. In count seven, he is accused of unlawfully fleeing a police officer in a motor vehicle, in the third degree, a Class A misdemeanor. It is alleged in count seven that he was directed to stop by a uniformed police officer or marked police vehicle, and he attempted to flee at speeds of 25 mph or more above the posted limit, or engaged in reckless driving. In count eight, Said is accused of driving while ability impaired by drugs, as a misdemeanor, for driving a 1997 Mercedes on I-90 while his ability to do so was impaired by drug use. In count nine, the defendant is accused of aggravated unlicensed operation in the third degree, as a misdemeanor. It is alleged in count nine that he drove on Aug. 3 knowing that his driver's license in New York was suspended or revoked. In count 10, Said is accused of misdemeanor reckless driving, for operating the Mercedes that day in a manner that unreasonably interfered with the free and proper use of a public highway, or unreasonably endangered the users of a public highway. In count 11, he is accused of operating an unregistered motor vehicle, a violation of vehicle and traffic law. The Mercedes was not registered in New York State. In count 13, Said is accused of operating a vehicle without insurance, another violation. In count 14, he is accused of having an uninspected motor vehicle, a third violation.

Josselyn A. Scott is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on March 10, she drove a 2008 Audi on the Thruway, Oak Street, Noonan Drive and in the Days Inn/Super 8 parking lot in Genesee County while intoxicated. In Special Information filed by the District Attorney, Scott is accused of having been convicted of: aggravated driving while intoxicated as a misdemeanor on July 12, 2010 in the Town of Boston Court, Erie County; and driving while ability impaired by the consumption of alcohol, in violation of vehicle and traffic law, on Dec. 21, 2012 in Erie County Court. Those two convictions are within 10 years of the crime alleged in the current indictment.

May 9, 2019 - 4:03pm
posted by Billie Owens in Grand Jury, news, crime, notify, batavia.

Kelly J. Rhim is indicted for the crime of second-degree assault, a violent Class D felony. It is alleged that on April 13 in the City of Batavia that Rhim intentionally caused physical injury to a person by means of a dangerous weapon. In count two, Rhim is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two that Rhim possessed a box cutter with the intention of using it against another person. In Special Information filed by the District Attorney, Rhim is accused of having been convicted on Feb. 19, 2015, in Batavia City Court, of attempted petit larceny, a Class B misdemeanor, and the conviction forms the basis for count two of the current indictment.

April 30, 2019 - 4:54pm
posted by Billie Owens in crime, news, notify, Grand Jury, batavia, Le Roy, bergen.

Todd M. Englerth is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Nov. 20 in the Town of Le Roy that Englerth knowingly possessed a dangerous knife or instrument -- metal knuckles, and he had previously been convicted of a crime. In count two he is accused of second-degree assault, a Class D violent felony, for allegedly intentionally trying to prevent a Le Roy police officer from performing a lawful duty and causing physical injury to the officer. In count three, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Englerth attempted to prevent a public servant from performing an official function by means of intimidation, physical force or interference. In count four, the defendant is accused of resisting arrest, a Class A misdemeanor. In count five, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing cocaine weighing an 1/8th ounce or more.

Heyward Clark AKA Heywood Clark is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Oct. 27, 2016 that Clark knowingly entered into a building on School Street in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing personal property and U.S. currency that day. In count three, he is accused of third-degree criminal mischief for allegedly damaging property belonging to another person that had a value of more than $250 -- a window. In count four, Clark is accused of another count of third-degree burglary for allegedly unlawfully entering a garage on Porter Avenue in the City of Batavia sometime between Oct. 27 and Oct. 31, 2016. In count five, he is accused of another count of petit larceny for allegedly stealing a circular saw and battery from a person after entering the garage. In count six, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property at the garage -- a window.

Felix Cabrera-Lopez AKA Felix Cabrera is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on March 6, 2018, on South Lake Street in the Town of Bergen that Cabrera-Lopez drove a 2001 Honda while his driver's license was suspended or revoked. He had in effect at the time 10 or more suspensions, imposed on at least 10 separate dates for failure to answer or pay a fine: Jan. 31, 2008; Dec. 31, 2011; Oct. 5, 2012; March 27, 2014; Oct. 16, 2014; Jan. 7, 2015; June 9, 2015; May 12, 2016; Sept. 10, 2016; July 25, 2017 -- all in Monroe County.

April 19, 2019 - 2:02pm
posted by Billie Owens in batavia, news, notify, crime, Grand Jury, Oakfield.

James A. Chase is indicted for the crime of failure to register a change of address, a Class D felony. It is alleged that this convicted Level 3 sex offender failed to register with the NYS Division of Criminal Justice Services within 10 calendar days any change of address, including Internet accounts, Internet access providers or Internet identifiers. In this case, he is accused of not registering a specific email account. In count two, he is accused of the same crime for allegedly not registering a Facebook account that used the screen name of John Chase. In count three, he is accused of the same crime for allegedly not registering an Internet access provider he used, in this case Boost Mobile. In Special Information filed by the District Attorney, Chase is accused of having been convicted of: the crime of failure to register/verify a change of address, as a Class A misdemeanor, on Aug. 18, 2005 in Batavia City Court; failure to register a change of address, a Class D felony, on Sept. 12, 2005 in Town of Oakfield Court; and failure to register/verify change of address, as a Class E felony, on March 10, 2015 in Genesee County Court.

Jacob J. Camerera is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Nov. 18 in the City of Batavia that Camerera knowingly possessed stolen property, in this case one or more firearms, rifles or shotguns -- a Marlin .22-caliber model 60 rifle.

April 12, 2019 - 2:18pm
posted by Billie Owens in crime, news, notify, batavia, Le Roy, Grand Jury.

Iszon C. Richardson is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Dec. 17 Richardson entered a dwelling unlawfully on Jackson Street in the City of Batavia with the intention of committing a crime. In counts two and three, he is accused of first-degree criminal contempt, a Class E felony, for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party and subjecting them to physical contact or attempting or threatening to do so on Dec. 17. In count four, he is accused of attempted assault in the third degree, a Class A misdemeanor, for allegedly striking the protected party in the face. In count five, he is accused of another count of second-degree burglary for allegedly entering the same dwelling on Dec. 20. In counts six and seven, he is accused of two more counts of first-degree criminal contempt for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party on Dec. 20 and subjecting them to physical contact or attempting or threatening to do so. In count eight, Richardson is accused of second-degree unlawful imprisonment for allegedly restraining the protected party on Dec. 20. In count nine, the defendant is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by allegedly applying pressure on the victim's neck. In count 10, he is accused of second-degree burglary for allegedly entering the same dwelling on Dec. 20 on a second occasion. In counts 11 and 12, he is accused of first-degree criminal contempt for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party on Dec. 20 and on Dec. 16. In count 13, Richardson is accused of first-degree criminal contempt for allegedly intentionally violating a stay away order of protection by being in the presence of the protected party and subjecting them to physical contact or attempting or threatening to do so on Dec. 16.

Shane C. Anthony and Robert N. Pragle are indicted for the crime of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that on some time between Jan. 2 and Jan. 3 in the Town of Le Roy that the defendants knowlingly possessed stolen property with a value that exceeded $3,000. In count two, they are accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing crack cocaine.

March 5, 2019 - 4:04pm
posted by Billie Owens in crime, news, notify, Grand Jury, alexander, batavia, Le Roy.

Ranelle E. Reuben is accused of driving while intoxicated, a Class D felony. It is alleged that on Dec. 18 she drove a 2010 Dodge on Route 5, Route 98 and Batavia-Elba Townline Road while intoxicated. In count two, she is accused of aggravated DWI, per se, for having a BAC of .18 percent or more at the time. In count three, she is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving while her driver's license was suspended or revoked and while she was intoxicated. In count four, she is again accused of aggravated unlicensed operation -- for driving without a license while knowing it was withdrawn because she refused to submit to a chemical test, and while she was under the influence of alcohol or a drug. In count five, the defendant is accused of circumvention of an interlock device for driving a vehicle which was not equipped with a court-ordered ignition interlock device. In count six, Reuben is accused of following too closely in violation of vehicle and traffic law. It is alleged in count six that Reuben followed another vehicle more closely than was reasonable and prudent, in regard to speed, traffic and roadway conditions. In Special Information filed by the District Attorney, Reuben is accused of having been convicted of DWI as a Class E felony on Dec. 20 2012 in Genesee County Court. That conviction forms the basis for the suspension or revocation referred to in count three of the current indictment; and she knew or had reason to know about the 2012 conviction and the subsequent loss of her driver's license.

Rodney S. Schwartz is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Nov. 25 in the Town of Alexander that Schwartz drove a 2014 Ford on Route 20 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day without a driver's license, which had been suspended or revoked. In count three, Schwartz is accused of second-degree obstruction of governmental administration, a Class A misdemeanor. It is alleged in count three that he intentionally obstructed, impaired or perverted the administration of law or other governmental function by means of intimidation, physical force or interference, or by any independently unlawful act. In Special Information filed by the District Attorney, Schwartz is accused of having been convicted of DWI, as a Class E felony, on April 16, 2010 in Supreme Court, City of Buffalo, Erie County and that conviction forms the basis of the suspension or revocation referenced in the current indictment.

Trisha A. Park is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on Nov. 30 in the Town of Le Roy that Park drove a 2012 Chevrolet on Wolcott Street while her ability to do so was impaired by the use of a drug and while a child 15 years of age or less was a passenger. In count two, she is accused of driving while ability impaired by drugs, as a misdemeanor. In count three, she is accused of endangering the welfare of a child by knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

February 20, 2019 - 4:55pm
posted by Billie Owens in Grand Jury, crime, notify, Le Roy, news, Darien, Stafford, batavia.

Darnel J. Tillmon is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Aug. 2 in the Town of Le Roy that Tillmon acted with intent to prevent a police officer -- a New York State trooper -- from performing a lawful duty and his actions caused serious physical injury to the officer. In count two, Tillmon is accused of second-degree assault, a Class D violent felony, by acting intentionally to prevent the officer from performing a lawful duty and his actions caused physical injury to the officer. In count three, Tillmon is again accused of second-degree assault for allegedly recklessly causing serious physical injury to the trooper by means of a deadly weapon or instrument, in this case a motorcycle. In count four, the defendant is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person -- the trooper. In count five, the defendant is again accused of third-degree assault for acting with criminal negligence, causing physical injury to the trooper by means of a deadly weapon or dangerous instrument -- the motorcycle. In count six, Tillmon is accused of reckless endangerment in the second degree, a Class A misdemeanor, for allegedly recklessly engaging in conduct which created a substantial risk of serious physical injury to another person. In count seven, Tillmon is accused of the crime of unlawfully fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count seven that Tillmon knew he had been directed to stop his motor vehicle by a uniformed police officer or a marked police vehicle by the activation of either lights or lights and sirens, and he attempted to flee by engaging in reckless driving. In count eight, Tillmon is accused of resisting arrest, a Class A misdemeanor, for allegedly intentionally preventing or attempting to prevent an officer from arresting himself or another person. In count nine, Tillmon is accused of the crime of third-degree escape, a Class A misdemeanor, for escaping from custody. In count 10, Tillmon is accused of failing to comply with the lawful order of a police officer or flagperson. It is alleged in count 10 that the defendant drove a 2006 Kawasaki and failed or refused to comply with the lawful order or direction of a police officer or flagperson duly empowered to regulate traffic. In count 11, Tillmon is accused of the offense of improper passing for operating the Kawasaki and overtaking or passing another vehicle on the right shoulder of the NYS Thruway. In count 12, Tillmon is accused of moving from lane unsafely, a violation of Vehicle and Traffic Law, by riding the Kawasaki on a roadway divided into clearly marked lanes and failing to drive within a single lane and moving from a lane without regard to doing so safely. In count 13, Tillmon is accused of unsafe starting, a violation of Vehicle and Traffic Law, by moving the Kawasaki, which had been stopped, standing or parked, without first determining if movement could be made with reasonable safety. In count 14, Tillmon is accused of failing to use signal lamps, contrary to Vehicle and Traffic Law, by riding the Kawasaki and changing lanes or entering an exit ramp of the Thruway without using signals by hand and arm, or signal lamps. In count 15, Tillmon is accused of speeding for operating the Kawasaki that summer day at a speed greater than was reasonable and prudent under the conditions and without regard to the actual and potential hazards at that time. In count 16, Tillmon is accused of speeding for operating the Kawasaki at 135 mph in a 65-mph zone. In count 17, Tillmon is accused of reckless driving, a violation of Vehicle and Traffic Law, for operating the Kawasaki on I-90 in a manner which unreasonably interfered with the free and proper use of a public highway or unreasonably endangered users of a public highway.

Erica R. Leach is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Aug. 24 in the Town of Darien that Leach knowingly and unlawfully possessed a controlled substance: cocaine with a weight of 500 milligrams or more.

Latashia M. Sanchez is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Oct. 18 in the Town of Stafford that Sanchez drove a 2011 Chevrolet on Main Road -- Route 5 -- while intoxicated. In count two, she is accused of DWI, per se, as a misdemeanor, for having a BAC or .08 percent or more at the time. In count three, Sanchez is accused of first-degree aggravated unlicensed operation, a Class E felony. It is alleged in count three that Sanchez knew or had reason to know that her driving license was suspended and that she was driving without a license while intoxicated. In count four, she is accused of driving her vehicle in excess of 55 mph. In Special Information filed by the District Attorney, the defendant is accused of having been charged with DWI, per se, in Town of Le Roy Court on July 31. The prosecution of that crime forms the basis for the suspension referred to in count three. As a result of the prosecution, her license was suspended at 2 p.m. on Oct. 18 and was therefore in effect at 5:19 p.m. Oct. 18, when she allegedly violated the laws resulting in the current indictment.

Jeffery C. Rogers is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Aug. 25 he drove a 2011 Chevrolet with Tennessee plates on West Main Street in the City of Batavia while intoxicated. In count two, Rogers 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 count three, Rogers is accused of exceeding the maximum established speed limit. In Special Information filed by the First Assistant District Attorney of Genesee County, the defendant is accused of having been convicted of driving under the influence, as a misdemeanor, on April 13, 2015, in General Sessions Court, Knox County, Tenn. That conviction was within 10 years previous to the crimes alleged in the current indictment.

January 18, 2019 - 5:50pm
posted by Billie Owens in Grand Jury, news, crime notify, batavia, Alabama, pembroke.

Antonio D. Dames is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Aug. 9 in the Town of Alabama that Dames drove a 2000 Chevrolet on Lewiston Road while intoxicated. In count two, he 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 count three, he is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for driving while his driver's license was suspended, revoked or otherwise withdrawn by authorities and while under the influence of alcohol or a drug. In count four, Dames is accused of circumvention of an interlock device, a violation, for driving a vehicle not equipped with an ignition interlock device. In Special Information filed by the District Attorney, Dames is accused of having been convicted of DWI, as a misdemeanor, on April 3, 2014 in Town of Lockport Court in Niagara County. That conviction forms the basis for the license suspension/revocation referred to in count three of the current indictment.

John D. Meiler is indicted for the crime of driving while ability impaired by drugs, as a Class D felony. It is alleged that on Aug. 21 in the Town of Alabama that Meiler drove a 2011 Chevrolet on Bloomingdale Road while his ability to do so was impaired by drugs. In count two, he is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony. It is alleged in count two that the defendant drove when he knew his driver's license was suspended, revoked or otherwise withdrawn by authorities and while under the influence of alcohol or a drug. In count three, he is accused of circumvention of an interlock device, a violation, for driving a vehicle not equipped with an ignition interlock device. In Special Information filed by the District Attorney, Meiler is accused of: having been convicted of DWI, as a misdemeanor, on Sept. 5, 2006, in Town of Alden Court in Erie County; having been convicted of DWI, as a misdemeanor, on Dec. 8, 2006 in County Court in Erie County; and having been convicted of DWI, as a misdemeanor, on Jan. 26, 2018 in County Court in Erie County. These three prior convictions form the basis for the license suspension/revocation referred to in count two of the current indictment. Furthermore, it is alleged that Meiler knew of the prior conviction and that his driver's license was still suspended or revoked.

William R. Reynolds is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on July 28 in the Town of Pembroke that Reynolds drove a 2008 Chevrolet on Interstate 90 while his driver's license was suspended, revoked or otherwise withdrawn by authorities and that he did so while under the influence of alcohol or a drug. In count two, he is accused driving while intoxicated, as a Class E felony. In count three, the defendant is accused of aggravated DWI, as a Class E felony, for having a child age 15 or less as a passenger. In Special Information filed by the District Attorney, Reynolds is accused of having been convicted of aggravated DWI, a Class E felony, on Jan. 15, 2010 in County Court in Tioga County and that conviction forms the basis for count one in the current indictment.

Rahim J. Collazo 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 June 29 in the Town of Batavia that Collazo drove a 2008 Chevrolet on Batavia Elba Townline Road while his driver's license was suspended or revoked and he had in effect 10 or more suspensions imposed on 10 different dates for failure to appear or pay a fine: March 24 in the Town of Irondequoit -- Monroe County; Nov. 9, 2017 in the Town of Henrietta -- Monroe County; March 14, 2017 in the Rochester Administrative Adjudication Bureau -- Monroe County; Feb. 5, 2016 in the Town of Brighton -- Monroe County; Oct. 10, 2015 and Sept. 24, 2014 and June 24, 2014 in the Rochester Administrative Adjudication Bureau -- Monroe County; June 22, 2013 in the Town of Tully -- Onondaga County; Feb. 6, 2013 in the Town of Windsor, Broome County; Nov. 1, 2012 in the Town of Sandy Creek, Oswego County; and Dec. 6, 2011 in the City of Rochester. In count two, Collazo is accused of the offense of speeding. It is alleged in count two that the defendant drove in excess of 55 mph, the posted speed limit.

Kayel J. McClary is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 1 in the Town of Pembroke that McClary drove a 2016 Ford on Interstate 90 while his driver's license was suspended or revoked and he had in effect 10 or more suspensions imposed on at least 10 separate dates for failure to appear or pay a fine in the City of Rochester: Aug. 11, 2011; April 8, 2014; May 6, 2014; June 10, 2014; July 8, 2014; Dec. 23, 2014; March 4, 2015; April 7, 2015; June 16, 2015; Jan. 18, 2017; May 9, 2017; Feb. 6, 2018; and April 24, 2018.

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

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

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

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

December 17, 2018 - 1:03pm
posted by Billie Owens in Grand Jury, crime, news, notify, Darien, batavia.

Antwan L. Odom is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on Aug. 4 in the area of Ross Street in the City of Batavia that Odom -- with intent to cause serious physical injury to another person -- caused such injury by means of a dangerous instrument -- a knife. In count two, Odom is accused of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing a "dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or other dangerous instrument with intent to use the same unlawfully against another."

Michael D. Kopyscianski 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 19 in the Town of Darien that Kopyscianski possessed lysergic acid diethylamide (LSD -- a hallucinogenic drug) with intent to sell it. In counts two and three, respectively, he is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing alprazolam (the generic of Xanax) and suboxone (treats opioid addiction). In Special Information filed by the District Attorney's Office, Kopyscianski is accused of having been convicted of criminal possession of a controlled substance, 7th, on Jan. 3, 2013, in the City of Saratoga Springs Court and also on May 6, 2005, in City of Newburgh Court.

Jeffrey A. Youngs is indicted for driving while in intoxicated, as a Class E felony. It is alleged that on Oct. 27 Youngs drove a 2003 Toyota on Route 98/Oak Street in the Town and City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In count three, he is accused of the offense of driving across official markings -- a vehicle and traffic violation. In count four, Youngs is accused of consumption or possession of an alcoholic beverage in a motor vehicle on Oct. 27. In Special Information filed by the District Attorney's Office, Youngs is accused of having been convicted by DWI as a misdemeanor on June 12, 2017, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Josh J. Peterman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 28 in the Town of Darien that Peterman drove a 1998 Honda on Park Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly driving at that time while having a BAC of .08 or more. In Special Information filed by the District Attorney's Office, Peterman is accused of having been convicted of DWI, per se, as a misdemeanor on June 28, 2012, in City of Binghampton Court and that convicted was within 10 years of the crimes alleged in the current indictment.

December 6, 2018 - 3:22pm
posted by Billie Owens in crime, news, Grand Jury, notify, bergen, pembroke, batavia, Darien, Stafford, Oakfield.

Morgan R. Coles is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 26 in the Town of Bergen that Coles knowingly entered or remained unlawfully in The Firing Pin with the intent to commit a crime. In count two, he is accused of criminal possession of a weapon in the first degree, a Class B felony. It is alleged that on Oct. 3 in the City of Batavia that Coles possessed 10 or more firearms. In counts three through 15, Coles is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing firearms which had been defaced for the purpose of concealment or prevention of detection of a crime or misrepresenting the identity of the fireaarm. Respectively, these are: a KelTec model PF-9 9mm pistol; a Glock model 19 9 mm pistol; a Glock model 45 9 mm pistol; a Glock model 27 .40 S&W pistol; a Glock model 19c 9mm pistol; a Glock G17 9mm pistol; a Glock model G43 9mm pistol; a second Glock model 27 .40 S&W pistol; a Glock model G21 .45 ACP pistol; a Glock 30S .45 ACP pistol; a Glock model 17 9mm pistol; a Glock model 22 gen 2 .40 S&W pistol; and a Glock model 24 9 mm pistol. In count 16, Coles is indicted for third-degree criminal possession of stolent property, a Class D felony, for allegedly knowingly possessing 13 stolen firearms and the value of the property exceeded $3,000.

Thomas E. Brenkus is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on June 27 in the City of Batavia that he subjected another person to sexual contact by forcible compulsion. In count two, Brenkus is accused of forcible touching, a Class A misdemeanor. It is alleged in count two that on the same day in the city that he intentionally or for no legitimate purpose forcibly touched the sexual or intimate parts of another person for the purpose of degrading or abusing the person for the purpose of gratifying the defendant's sexual desire.

Edwin L. Stancliff is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on June 12 in the Town of Pembroke that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against another person. In count two, Stancliff is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two, that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against a second person. In count three, Stancliff is accused on second-degree menacing, a Class A misdemeanor. It is alleged in counts three and four, respectively, that on June 12 in the Town of Pembroke he intentionally placed or attempted to place two victims in reasonable fear of physical injury or death by displaying the crowbar. In counts five and six, respectively, Stancliff is accused of second-degree harassment for allegedly acting on that day with intent to harass, annoy or alarm the two victims with threat of physical contact. In count seven, the defendant is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count seven that, knowing a person is about to be called as a witness in a legal action or proceeding, the worngfully induces or attempts to induce, the person to avoid appearing or testifying. It is alleged that on Nov. 6, Stancliff sent a text message to a witness stating that the witness should not show up for the Grand Jury indictment and that if the person did, the person is "riding for the State" and that if the person was family they would not show up. In Special Information filed by the District Attorney, Stancliff is accused of having been convicted of third-degree menacing, a Class B misdemeanor, on Feb. 14, 2017 in Town of Pembroke Court and that conviction forms the basis for counts one and two of the current indictment.

Travis E. Kent, Jason N. Mann and David C. Edwards are indicted for the crime of attempted grand larceny in the third degree, a Class E felony. It is alleged that on July 3 on Broadway Road in the Town of Darien that these defendants attempted to steal property with a combined value in excess of $3,000 -- a Yamaha Wolverine four-wheeler and a Mongoose four-wheeler. In count two, they are accused of criminal possession of stolen property in the third degree, a Class D  felony. It is alleged in count two that the defendants knowingly possessed stolen property valued in excess of $3,000 -- a 2011 Chevrolet Impala. In count three, Kent, Mann and Edwardsare indicted for second-degree criminal mischief, a Class D felony. It is alleged in count three that the defendants intentionally damaged property belonging to another person and the damage exceeded $1,500 -- the 2011 Impala was damaged. In count four, they are accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly driving the Impala without the owner's consent.

Lisa D. Ayres is indicted for the crime of driving while intoxicated, a Class D felony. It is alleged that on July 21 in the Town of Darien that she drove a 2007 Chevrolet on Route 77 and on McGregor Road while intoxicated. In count two, she is accused of DWI, per se, a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, Ayres is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license -- which had been suspended or revoked -- and for being under the influence of alcohol or a drug at the time. In count four, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count four that Ayres drove the 2007 Chevrolet which was not equipped with an ignition interlock device, which was required to have. In count five, Ayres is accused of the offense of refusal to submit to a breath test, a violation. It is alleged in count four that Ayres refused the request made by Genesee County Sheriff's Deputy Eric Meyer to submit to a breath test on July 21. In count six, Ayres is accused of the offense of failure to yield the right of way on a left turn. It is alleged in count six, that her failure to yield constituted an immediate hazard. In count seven, Ayres is accused of making an unsafe turn, a violation. In count eight, Ayres is accused of the offense of unsafe passing on the left. In Special Information filed by the District Attorney, Ayres is accused of having been convicted of DWI as a Class E felony on April 24, 2012, in County of Wayne Court. Also, she is accused of having been convicted of DWI, per se, as a misdemeanor on Nov. 18, 2009, in Town of Sodus Court. These convictions form the basis of the crimes alleged in the current indictment and the allegation that she knew her driver's license had been suspended or revoke by authorities due to the convictions.

Danielle R. Dixon is indicted for the crime of aggravated DWI, per se, as a Class E felony. It is alleged that on Aug. 27 on Main Street in the City of Batavia that Dixon rode a Yamaha motorcycle while having a BAC of .18 percent or more. In count two, she is accused of DWI as a Class E felony, in the same incident. In count three, Dixon is accused of operating a vehicle out of class, a violation. It is alleged in count three that the defendant rode the Yamaha without being the holder of a class of license which was valid for the operation of the motorcycle. In count four, she is accused of the offense of speeding at the time.

Joseph F. Chiodo is indicted for the crime of aggravated DWI, as a Class E felony. It is alleged that on June 20 in the Town of Pembroke that Chiodo drove a 2004 Chevrolet on Route 33 while intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a misdemeanor. It is alleged that when he drove on June 20 on Route 33 his ability to drive was impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting at that time in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Stacy L. Parks is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on June 27 in the Town of Darien that Parks drove a 2011 Ford on Route 20 while intoxicated and while a child age 15 or less was a passenger. In count two, Parks is accused of DWI, as a misdemeanor, for the same incident. In count three, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count four, Parks is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner that day which was likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Deborah S. Rodriguez is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Aug. 1 in the Town of Oakfield that Rodriguez drove a 2005 Nissan on Farnsworth Avenue while her driver's license was suspended and that she did so while impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count two, she is accused of driving while ability impaired by a drug, as a misdemeanor, for driving on Aug. 1 while her ability to do so was impaired by the use of a drug. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. It is alleged in count three that Rodriguez drove on Farnsworth Avenue that day while her ability to do so was impaired by the combined influence of drugs or of alcohol and drug or drugs. In Special Information filed by the District Attorney, Rodriguez is accused of having been convicted of DWI, per se, on July 5 in City of Batavia Court and her license was suspended. That suspension was still in effect on Aug. 1 pending prosecution of the crimes alleged in the current indictment.

Jay M. Blatchley is indicted for the crime of driving while ability impaired by the combined influence of drugs or alcohol and any drug or drugs, a Class E felony. It is alleged that on July 28 in the Town of Stafford that Blatchley drove a 2016 Toyota on Route 5 while his ability to do so was impaired by the combined influence of drugs. In Special Information filed by the District Attorney, Blatchley is accused of having been convicted of driving while ability impaired by drugs on Nov. 10, 2009, in the Town of Pembroke and that conviction was within 10 years of the crime alleged in the current indictment.

Michael J. Reeves is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Aug. 4 in the Town of Pembroke that he drove a 2009 Lincoln on Route 77 while intoxicated. in count two, he is indicted for DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count three, Reeves is accused of first-degree aggravated unlicensed operation, a Class E felony, for having no valid driver's license, because it was suspended or revoked, at the time and while under the influence of alcohol or a drug. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of driving while ability impaired by the consumption of alcohol, an infraction, on Jan. 15, 2008, of Town of Sullivan Court. That conviction forms the basis of the driver's license revocation referred to in count three of the current indictment.

Andrew M. Cerrillo is indicted for the crime of drivng while intoxicated, as a Class E felony. It is alleged that on Aug. 14 in the Town of Stafford that Cerrillo drove a 2003 Toyota on Route 5 while intoxicated. In Special Information filed by the District Attorney, Cerrillo is accused of having been convicted of DWI, as a misdemeanor, on April 17, 2014, in the Town of Grand Island Court, and that conviction was within 10 years of the crime alleged in the current indictment.

November 16, 2018 - 1:15pm
posted by Billie Owens in news, notify, Grand Jury, Darien, batavia, Stafford, crime.

Constantine D. Murrell is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Sept. 25 at the Kwik-Fill gas station/convenience store at the intersection of Ellicott and Jackson streets in the City of Batavia that Murrell forcibly stole a 2008 automobile. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged in count two that during the commission or attempted commission of the aforementioned felony that he cause physical injury to a person. in count three, he is accused of reckless driving, a misdemeanor, for driving the 2008 vehicle in a manner that interfered with the free and proper use of the roadways and/or unreasonably endangered users of those roadways. In count four, Murrell is accused of unlawful lfeeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count four that he attempted to flee an officer, knowing that he had been directed to stop, and that his speeds equaled or exceeded 25 miles per hour above the speed limit or he engaged in reckless driving.

Dylan J. Perry is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that between Dec. 1 and Dec. 2 he knowingly entered and remained unlawfully in a building located on Broadway Road in the Town of Darien with intent to commit a crime. In count two, Perry is accused of petit larceny, a Class A misdemeanor. It is alleged in count two that Perry stole $300 in U.S. currency and a pair of work boots while inside the property on Broadway Road.

Antonio J. Goodson is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Aug. 22 in the City of Batavia that he violated a duly served order of protection by being in the presence of the protected party. In Special Information filed by the District Attorney, Goodson is accused of having been convicted of criminal contempt in the second degree, a Class A misdemeanor, on Jan. 19 in City of Rochester Court. That conviction was for a violation of a stay away family offense order of protection and was within five years of the crime alleged in the current indictment.

Thomas J. Claffey is indicted for the crime of driving while ability impaired by drugs, as a Class E felony. It is alleged that on June 18 in the Town of Stafford that he drove a 2016 Chevrolet on Route 33 while his ability to do so was impaired by use of a drug. In Special Information filed by the District Attorney's Office, Claffey is accused of having been convicted for DWI, as a misdemeanor, on July 28, 2008, in Town of Irondequoit, and that conviction was within 10 years of the crime alleged in the current indictment.

November 6, 2018 - 2:59pm
posted by Billie Owens in crime, news, notify, Grand Jury, batavia, Darien, Stafford, Oakfield.

Paul M. Gelardo is indicted for the crime of driving while ability impaired by drugs, a Class E felony. It is alleged that on July 13 in the Town of Oakfield that Gelardo drove a 2002 Chevrolet on South Pearl Street while his ability to do so was impaired by drugs. In count two, he is accused of aggravated unilicensed operation of the motor vehicle in the first degree, another Class E felony. It is alleged in count two that Gelardo knew, or had reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time he drove on South Pearl Street, and he did so while under the influence of alcohol or a drug. In count three, he is accused of the same crime as in count two, plus it alleges he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the Genesee County District Attorney, Gelardo is accused of having been convicted of driving while impaired by drugs, as a misdemeanor, on March 14, 2016 in Town of Brighton Court. That conviction was within 10 years of the commission of crimes alleged in the current indictment, and he knew, or should have known, about that conviction and that his driver's license was still suspended.

Shawn J. Scheg is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Town of Stafford that Scheg drove a 2007 Acura on Route 33 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day while his license was suspended, revoked or otherwise withdrawn by authorities. In count three, he is accused of circumventing an ignition interlock device, a Class A misdemeanor, which he was court ordered to have on his vehicle and which the Acura did not have. In Special Information filed by the Genesee County District Attorney, Scheg is accused of having been convicted of DWI, as a misdemeanor, on Oct. 9, 2012 in Genesee County Court, and that conviction forms for basis for the suspension or revocation referred to in count two of the current indictment.

Carl W. Altman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 26 Altman drove a 1998 Ford in the Darien Lake Concert Amphitheater parking lot in the Town of Darien while he was intoxicated. In Special Information filed by the Genesee County District Attorney, Altman is accused of having been convicted of DWI as a misdemeanor on Aug. 24, 2015 in Town of Gates Court and that conviction was within 10 years of the crime alleged in the current indictment.

David J. Henry is indicted for the crime of driving while intoxicated, per se, as a misdemeanor. It is alleged that on March 3 in the Town of Stafford that Henry drove on 2017 Volkswagon on Route 90 while having a BAC or .08 or more. In count two, he is accused of DWI, a msidemeanor. In count three, he is accused of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count three that Henry drove while under the influence of alcohol or a drug while his license was suspended or revoked and while he had three or more suspensions imposed or at least three separate dates for failure to answer, appear or pay a fine.

October 26, 2018 - 3:35pm
posted by Billie Owens in news, Grand Jury, crime, notify, Darien, Basom, Le Roy.

Daniel E. King is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that the convicted sex offender moved to 2058 Phelps Road in the Town of Basom on Jan. 24 and failed to register his change of address with the NYS Division of Criminal Justice Services within 10 calendar days as required.

Candido Candelaria III is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Aug. 16 in the Town of Le Roy that Candelaria drove a 2005 Chevrolet Equinox on Route 33 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In count three, it is alleged that the defendant knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and that he was under the influence of alcohol or a drug at the time. In Special information filed by the District Attorney, Candelaria is accused of having been convicted for DWI, per se, on Jan. 9, 2017 in Town of Ridgeway Court, Orleans County. The conviction forms the basis for count three of the current indictment.

Benjamin J. Marien is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 15 in the Town of Darien that Marien drove a 2008 Chevrolet Silverado on Chick Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time. In Special Information filed by the District Attorney, Marien is accused of having been convicted of DWI as a misdemeanor on Oct. 12, 2016, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

October 17, 2018 - 5:06pm
posted by Billie Owens in sex offender, news, notify, batavia, Grand Jury.

Levi Spikes Jr. is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that between November 2017 and January 2018, Spikes failed to register a change of address with the NYS Division of Criminal Justice Services within 10 calendar days after moving from 3 Lewis Place in the City of Batavia. 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 Spikes knew a written instrument -- a NYS Sex Offender Change of Address Form dated May 8, 2018 -- contained false information. The form contained a statement that the defendant had not moved from 3 Lewis Place, Batavia, until May 8, 2018. He then offered the form to public authorities to be filed for official records. In count three, Spikes is accused of the same crime alleged in count two. In count three, he is accused of knowing the same type of form, dated May 11, 2018, also contained the same false information and yet he offered it to public authorities to be filed for official records. In count four, the defendant is accused of another count of failure to register a change of address as a sex offender. It is alleged in count four that he failed to give the NYS Division of Criminal Justice Services a change of address within 10 calendar days when he moved from 421 Ellicott St. in the City of Batavia.

October 11, 2018 - 6:05pm
posted by Billie Owens in bergen, Oakfield, news, notify, crime, Grand Jury.

John M. Grabowski is indicted for the crime of predatory sexual assault against a child, a Class A-II felony. It is alleged that on Feb. 16, 2016, in the Town of Oakfield that Grabowski commited first-degree rape -- he being age 18 or older and the victim with whom he is accused of engaging in sexual intercourse was less than 13 years old. In counts two, three, four, five, six, seven, eight, nine and 10, the defendant is accused of second-degree rape, a Class D violent felony. It is alleged in those counts that the adult defendant engaged in sexual intercourse with a person less that 15 in the Town of Oakfield, respectively, on: May 22, 2016; July 4, 2016; Feb. 27, 2017; May 22, 2017; July 4, 2017; Thanksgiving Day (November) 2017; Christmas Day (December) 2017; and Feb. 27, 2018. In counts 10, 11 and 12, Grabowski is accused of third-degree rape, a Class E felony, for allegedly engaging in sexual intercourse as an adult male with three other persons less than 17 on these respective dates in the Town of Oakfield: May 22, 2018; July 4, 2018; and July 23, 2018. In count 13, he is accused of criminal sexual act in the third degree, a Class E felony, for allegedly engaging in oral sexual conduct without the person's consent, and that was due to some reason other than incapacity to consent. In count 14, Grabowski is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count 14 that the defendant knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 and did so between Oct. 1, 2016 and July 24, 2018, in the Town of Oakfield.

Trametrias L. Scott is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on May 27, 2018 in the Town of Bergen, that she drove a 2005 GMC on Route 33 in the Town of Bergen while in an intoxicated condition. In count two, Scott is accused of aggravated DWI, per se, as a Class E felony. It is alleged in count two, that she had a BAC of .18 percent or more at the time. In count three, the defendant is accused of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in count three that Scott knew, or had reason to know, that her driver's license was suspended, revoked or otherwise withdrawn by authorities at the time and that she was under the influence of alcohol or a drug at the time. In count four, she is accused of circumventing an ignition interlock device, a Class A misdemeanor, for driving the GMC which was not equipped with this device she was required to have. In Special Information filed by the District Attorney's Office, Scott is accused of having been convicted of DWI, as a misdemeanor, on Aug. 5, 2016, in the City of Rochester Court, and that conviction was within 10 years of the crimes alleged in the current indictment.

September 11, 2018 - 3:15pm
posted by Billie Owens in Grand Jury, crime, news, notify, bergen darien, Le Roy.

Jennifer L. Serrano is indicted for second-degree vehicular manslaughter, a Class D felony. It is alleged that on Aug. 11 on Sumner Road in the Town of Darien that she caused the death of a male, and she drove a 2014 Jeep in violation of the law, and as a result of intoxication or impairment by use of a drug or the combined influence of drugs or alcohol, drove the Jeep in a manner that cause the death of a person. In count two, she is accused of leaving the scene of an accident with reporting it, a Class D felony, and the personal injury involved resulted in death. In count three, she is accused of driving while intoxicated, as a misdemeanor, for driving on Sumner Road and on state Route 77 on Aug. 11 in Darien while intoxicated. In count four, she is accused of aggravated unlicensed operation of a motor vehicle in the second degree, a misdemeanor. It is alleged in count four that she drove that day while knowing, or having reason to know, that her driver's license in New York was suspended, revoked or otherwise withdrawn by authorities; and the revocation was based on a refusal to submit to a chemical test, in violation of vehicle and traffic law.

Ralph E. Stevenson is indicted for the crime of failure to verify as a sex offender, a Class E felony. It is alleged that this convicted Level 3 sex offender, in the Town of Bergen, on Jan. 26 failed to provide a current photograph of himself in the manner and within the time periods provided by law.

Jessie P. Polito AKA Jesse P. Polito is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Oct. 8 in the Town of Le Roy that the defendant stole property -- a Capital One Mastercard. In counts two and three, he is accused of the same crime for allegedly stealing a second Mastercard and a Le Roy Federal Credit Union card, respectively. In count four, he is accused of petit larceny, a Class A misdemeanor, for stealing property.

September 5, 2018 - 5:52pm

Colin R. Wickings is indicted for first-degree sexual abuse, a Class D violent felony. It is alleged in count one that in late June or early July, 2016, in the Town of Bergen, that Wickings subjected a 9-year-old female to sexual contact. In count two, he is accused of the same crime for allegedly subjecting the girl to sexual contact by forcible compulsion. In count three, he is accused of 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 a child less than 17. In count four, he is accused of first-degree sexual abuse for allegedly subjecting a 6-year-old male to sexual contact on Sept. 16 in the Town of Stafford. In count five, Wickings is accused of endangering the welfare of a child for acting in a manner likely to be injurious to the 6-year-old male.

Walter B. Hale Jr. is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on May 15 in the City of Batavia that Hale rode a 1984 Kawasaki on various public highways while intoxicated. In count two, he is accused of aggravated driving while intoxicated, as a Class E felony, for allegedly doing so while a child age 15 or less was a passenger. In count three, the defendant is accused of the crime of circumvention of an interlock device, a Class A misdemeanor, for operating a motorcycle not equipped with an ignition interlock device, which he was court-ordered to have. In count four, he is accused of reckless driving, as a misdemeanor. It is alleged in count four that he rode the Kawasaki in a manner that unreasonably interfered with the free and proper use of a public highway -- while intoxicated, traveling at a high rate of speed, failing to yield to an emergency vehicle, failing to stop at a number of stop signs, all while a child age 15 or less was a passenger. In count five, he is accused of endangering the welfare of a child 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 six, Hale is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony, for riding the motorcycle when he knew or should have known that his driver's license was suspended, revoke or otherwise withdrawn by authorities. In count seven, Hale is accused of the offense of speeding, for riding on Washington Avenue in the City of Batavia May 15 in excess of the maximum speed of 30 mph. In count eight, the defendant is accused of failing to stop at a stop sign at the intersection of Washington Avenue and State Street. In count nine, he is accused of failing to stop at the stop sign at Washington Avenue and Summit Street. In count 10, he is accused of failing to stop at the stop sign at Summit Street and North Street. In count 11, he is accused of failing to stop at the stop sign at Ross Street and North Street. In count 12, he is accused of failing to stop at the stop sign at North Street and Vine Street. In count 13, Hale is accused of failing to stop at the stop sign at Vine Street and East Avenue. In count 14, he is accused of failure to stop for an emergency vehicle. It is alleged in count 14, that while operating the 1984 Kawasaki on May 15, that Hale failure to yield the right of way to a City of Batavia police vehicle blaring its siren. In Special Information filed by the District Attorney, Hale is accused of having been convicted of the crime of aggravated DWI, as a Class E felony, on Nov. 28, 2012 in Genesee County Court; and DWI, as a Class E felony, on Sept. 18, 2008, and those convictions were within 10 years of the crimes alleged in the current indictment.

Jacob J. Szumigala is indicted for the crime of aggravated vehicular assault, a Class C felony. It is alleged that on April 18 on West Main Street in the Village of Corfu that Szumigala committed reckless driving by operating a 2008 Hyundai Sonata with North Carolina plates in a reckless manner. In so doing, he allegedly caused serious physical injury to another person. It is further alleged that he was intoxicated and had a BAC of .18 or more at the time. In count two, he is accused of first-degree vehicular assault, a Class D felony. It is alleged in count two that Szumigala caused serious physical injury to a person on West Main Street while having a BAC of .18 percent or more at the time. In count three, he is accused of second-degree assault, a Class D felony, for recklessly causing serious physical injury to a person by means of a dangerous instrument -- a motor vehicle. In count four, he is accused of aggravated DWI, per se, as a misdemeanor for allegedly driving the Sonata while having a BAC of .18 percent or more. In count five, he is accused of misdemeanor DWI, for allegedly driving while intoxicated on April 18. In count six, the defendant is accused of first-degree aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count six that Szumigala drove while his driver's license was suspended, revoked or otherwise withdrawn by authorities, and he did so while under the influence of alcohol. In Special Information filed by the District Attorney, the defendant is accused of having been charged with aggravated driving while intoxicated, per se, as a misdemeanor, in Oakfield Town Court. The suspension referred to in count six was mandatory pending prosecution April 9, 2018, for the violation of Vehicle and Traffic Law in Oakfield and was still in effect when he drove without a license on April 18 in Corfu.

Domingo Gomez-Gomez is indicted for the crime of first-degree rape, a Class B violent felony. It is alleged that in the Town of Alexander on April 28 that Gomez-Gomez engaged in sexual intercourse with another person by forcible compulsion. In count two, he is accused of criminal possession of a forged instrument in the second degree, a Class D felony. It is alleged in count two that on May 4 in the Town of Alexander that he possessed a forged Social Security card with intent to defraud, deceive or injure another.

Jennifer A. Roskey 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 14 in the Town of Oakfield that Roskey possessed a dangerus knife or instrument -- a kitchen knife with an eight-inch blade, with intent to use it against another person. In count two, she 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 by displaying a deadly weapon or dangerous instrument. In count three, she is accused of endangering the welfare of a child, a Class A misdemeanor, for knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. In count five, Roskey is accused of second-degree reckless endangerment, a Class A misdemeanor. It is alleged in count four that on July 5 while in a private vehicle on the Thruway in Erie County, that she engaged in conduct which created a substantial risk of serious physical injury to another person. In counts five, six and seven, respectively, the defendant is accused of three more counts of endangering the welfare of a child, for acting in a manner likely to be injurious to the physical, mental or moral welfare of three children less than 17 while traveling on the Thruway July 5 from Genesee County to Erie County in a private vehicle. In Special Information filed by the District Attorney, Roskey is accused of having been convicted of aggravated DWI with a child passenger, a Class E felony, on Sept. 23, 2015 in Erie County Supreme Court, and this conviction forms the basis for count one in the current indictment.

Raymond J. Radley is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged on in the first week of March in the City of Batavia that Radley violated a duly served Order of Protection by intentionally being in the presence of the protected party. In counts two through 10, he is accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in counts two through 10, respectively, that he contacted the protected party in violation of the court's Order of Protection, all in the Town of Le Roy: April 16 by telephone; April 16 by phone; May 8 by phone; May 9 by phone; May 14 by phone; May 16 by phone; May 7 via the website Plenty of Fish --- www. pof.com; first week of March, via Facebook Messenger/Video Chat; and last week of March, via Facebook Messenger/Video Chat. In Special Infomation filed by the District Attorney, Radley is accused of having been convicted of criminal contempt in the first degree, a Class E felony, on July 26, 2016, in Livingston County Court, and that conviction was for a violation of a stay away family offense order of protection and it was within five year previous to commission of the crime alleged in the current indictment,

Antonio M. McKinney is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on April 7 in the City of Batavia that McKinney drove a 2002 Mercedes-Benz in the Speedway parking lot at the intersection of routes 5 and 98 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving while his license was suspended, revoked or otherwise withdrawn by authorities. In Special Information filed by the District Attorney, McKinney is accused of having been convicted of DWI, as a misdemeanor, on Oct. 12, 2016 in the Buffalo City Court, Erie County, and the conviction was within 10 years of the crimes alleged in the current indictment.

Melanie M. Matesz is indicted for the crime of criminal possession of a forged instrument in the second degree, a Class D felony. It is alleged in counts one and two that on April 19 in the area of the Batavia City Court offices, located in the Genesee County Courts Facility, that she possessed a forged, fraudulent Order of Protection.

Jonathan E. Seiger is indicted for the crime of second-degree bail jumping, a Class E felony. It is alleged that Seiger was released from custody or allowed to remain at liberty, upon the condition that he would subsequently appear personally in Genesee County Court connection with a felony charge against him and that he failed to appear in court on Oct. 12 or voluntarily within 30 days thereafter.

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