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Grand Jury Report: Man accused of having drugs for sale at College Village

By Howard B. Owens

We only recently received the October indictments from the Genesee County Grand Jury:

Charles J. Porreca is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 5th, criminal possession of marijuana, 4th, and criminal possession of a controlled substance, 7th. On May 6, Porreca is accused of possessing marijuana while in a vehicle at 8123 Prole Road Extension. On the same date, he is accused of possessing psilocin and psilocybin contained in mushrooms with the intent to sell in a room at College Village. At the same address, he is accused of possessing more than two ounces of marijuana along with hydrocodone.

Robert Thigpen III, is charged with burglary, 1st, menacing, 2nd, and criminal mischief, 4th. Thigpen is accused of entering and remaining unlawfully in a dwelling at 111 State St., Apt. 3, Batavia, on Aug. 30, with intent to commit a crime. Allegedly, Thigpen used a knife to threaten another person. He is also accused of damaging a lock.

Amy L. Brown is charged with grand larceny, 3rd, and eight counts of offering a false instrument for filing, 1st. Brown is accused of stealing from the Department of Labor from Sept. 21 through Nov. 16, 2008. She is accused of filing false records with the Department of Labor.

Robert J. Van Pelt is charged with vehicular assault, 1st, DWI and aggravated DWI. Van Pelt is accused of driving a motor vehicle on May 2, Sandhill Road, Town of Alabama, and causing another person to be injured. His BAC was allegedly above .18.

Christopher J. Matusak is charged with DWI as a felony, aggravated DWI, three counts of criminal mischief, 3rd, and three counts of reckless endangerment, 2nd. Matusak is accused of driving drunk on May 31 with a BAC of .18 or greater, and in Town of Le Roy damaging the property of another person. The property is described as a 2007 Hyundai, a 1998 Lincoln and a 1996 Cadillac. He is accused of intentionally striking the Cadillac, which allegedly had three passengers at the time.

Shannon V. Albano is charged with a felony count of DWI and driving with a BAC of .08 or greater. Albano is accused of driving drunk on April 19 in the Town of Darien.

Autumn M. Connolly is charged with grand larceny third. Connolly is accused of stealing about $4,200 from a family member between March 27 and April 13.

Garage fire reported on Route 19 near Cole Road

By Howard B. Owens

A garage fire was called in several minutes ago at a residence on Route 19 near Cole Road in the Pavilion/Le Roy area.

It sounds like both Pavilion and Le Roy fire departments have responded.

UPDATE 9:35 p.m.: Le Roy Fire back in service.


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Police Beat: Batavia woman with multiple prior arrests in trouble again

By Howard B. Owens

Latoya D. Jackson, 25, no permanent address, is charged with disorderly conduct and resisting arrest. Jackson was arrested after police responded to T.F. Brown's restaurant at 12:35 a.m., where she was reportedly causing a disturbance after being denied entry due to her apparent intoxication. Jackson allegedly yelled obscenities on Liberty Street and began to struggle with officer Darryl Streeter following her arrest. Jackson was jailed on $2,500 bail. For previous reports on Jackson, click here.

Manuel Larry Valdez, 32, of Shane Drive, North Syracuse, is charged with criminal mischief, petit larceny, harassment and disorderly conduct. Valdez was arrested following an investigation by Deputy Jason Saile into an alleged incident at 9:55 p.m., Friday, on Veterans Memorial Drive. Valdez is accused of yelling profanity in a public parking lot, allegedly pulling the hair of another person, biting her arm and punching her in the face.  Valdez also allegedly damaged the victim's car keys so she couldn't start her car. Valdez also allegedly stole merchandise from a store. He was jailed on $10,000 cash bail.

Mark R. Mack, 48, of 5 Chapel St., Mt. Morris, is charged with DWI and driving with a BAC of .08 or greater. Mack was reportedly found at 3:34 a.m., Friday, in his car with the motor running by Sgt. Michael J. Hare of the Le Roy Police Department, in a parking lot on Main Street, Le Roy.

Andrew Russell Desmond, 27, of Seaford Terrace, Hamburg, is charged with unlawful possession of marijuana. Desmond was stopped at 8:20 p.m., Friday, for allegedly driving 100 mph on Route 5 in Pembroke by Deputy Patrick Reeves. Reeves reported he found Desmond allegedly in possession of marijuana.

Armekcl Devonte Austin, 19, of Terrace Park, Rochester, is charged with trespass. Austin allegedly trespassed on College Village property after being evicted and told to stay away.

Carla L. Spikes, 20, of Hutchins Place, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, unlicensed operation and speeding. Spikes was stopped at 3:13 a.m., Saturday, by Deputy Howard Carlson.

Patrick Anthony Martone, 48, of Benedict Drive, Rochester, is charged with unlawful possession of marijuana. Martone was stopped by Deputy Brian Thompson at 10:45 p.m., Oct. 24, for allegedly running a red light on West Main Street, Batavia. Thompson reportedly could smell the odor of marijuana coming from the car.

John Richard Schumacher, 19, of Colonial Woods Drive, Alden, is charged with trespass. Schumacher was reportedly on College Village property after being banned from the property several months ago.

Gregory P. Drake, 20, of Phillips Road, Holley, is charged with DWI, driving with a BAC. 08, driving left of pavement markings in a no-passing zone, consumption of alcohol in vehicle and failure to dim headlights. Drake was stopped at 12:32 a.m., Sunday, on Route 237, Byron, by Deputy Jason Saile.

Ronald A. Bialy II, 20, of 337 Bank St., Apt. 37, Batavia, is charged with DWI and aggravated unlicensed operation of a vehicle. Bialy was stopped at 2:33 a.m., Sunday, by Officer Eric Bolles.

Paul E. Bishop, 44, of Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Bishop is accused of striking the 13-year-old child of an acquaintance.

A 16-year-old resident of Killian Road, Pembroke, is charged with trespass. The youth is accused of being on private property after being advised not to.

Marie Nicole Wenzel, 19, of Melville Street, Rochester, is charged with unlawful possession of marijuana. Wenzel was stopped by at 2:46 p.m., Sunday, on Route 33 in Stafford, by Deputy Brian Thompson for allegedly tinted windows and illegal license plate cover. Wenzel was reportedly found in possession of a marijuana pipe with marijuana in it.

Big rig on Thruway strikes deer, brakes catch fire

By Howard B. Owens

A tractor-trailer on the Thruway reportedly struck a deer and its brakes caught on fire.

The driver tried to extinguish the fire, but could not.

Le Roy Fire is being dispatched.

The truck is parked about 100 yards from the toll booth.

UPDATE 11:15 p.m.: Le Roy Fire went back in service about five minutes ago.

Le Roy man accused of making video of developmentally disabled man in bath tub

By Howard B. Owens

A 44-year-old Le Roy man is accused of video recording a naked developmentally disabled man while the group home resident was in a bathtub.

David C. Ewell was arraigned in Nunda Village Court on charges of second-degree unlawful surveillance, dissemination of an unlawful surveillance image, and endangering the welfare of an incompetent or physically disabled person. 

Ewell was jailed on $25,000 bail or $50,000 bond. He's an employee of the New York State Developmental Disabilities Services Office, and works at the Walnut Intermediate Care Facility in Nunda.

Ewell is accused of using his cell phone, recording the man and then disseminating the 30-second recording to another person.

(Source: Democrat & Chronicle)

Car accident with minor injuries in Le Roy

By Billie Owens

A motor-vehicle accident with minor injuries is reported at Cole and East Bethany-Le Roy roads. Le Roy fire and ambulance are responding.

Le Roy Fire Police are called to the scene.

Police Beat: Alabama man arrested on drugs and weapon charges

By Howard B. Owens

Terrance D. Bauer, 48, of Church Street, Alabama, is charged with criminal possession of a weapon, 3rd, and criminal possession of marijuana, 5th. Bauer was taken into custody by the Genesee County Local Drug Enforcement Task Force following the execution of a search warrant at his residence on Oct.15. Bauer was allegedly found in possession of marijuana and a billy club, which he cannot legally possess. Bauer was released on his own recognizance following his arraignment in Town of Alabama Court.

Craig A. Tiberio, 21, of Lathrop Avenue, Le Roy, is charged with assault, 3rd. Tiberio is accused of getting into an argument at a residence on St. Mary's Street, Pavilion, and punching another person in the face causing physical injury.

Robert Adam Barnhart, 25, of East Main Street, Batavia, is charged with grand larceny, 3rd. Barnhart was arrested on a warrant out of Wyoming County.

Aaron John Gugel, 18, of Donahue Road, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gugel's car, parked at 260 State Street.

Sharmice Shantell Gibson, 18, Wood Street, Batavia, is charged with unlawful possession of marijuana. A K-9 handled by Deputy Brian Thompson reportedly alerted on Gibson's car, parked at 260 State Street.

Les Mis cast buzz - hear about their experiences, rehearsals - And why YOU should see the show!

By Leah Stacy

Trevor Lee | Age 16 | Junior at Batavia High School


His role: Thenardier

"Les Miserables has been an phenomenal experience and I can confidently say that others share the same sentiments. I have met some many wonderful new people and I am enthralled to have shared this experience with everyone.

Les Miserables is a very profound and heart wrenching show, but despite all of the strife, there are glimpses of comedy which my character and his "charming" wife provide. Every cast member has something to bring to the stage, allowing our production to really shine."
___________________________________________________________________________

Alex Black| Age 18 | Nursing major at SUNY Brockport

His role: Javert 

"Rehearsals are fun because we MAKE them fun. Lynda (Hodgins) is a great director and likes to get things done and get down to business, but us kids like to loosen her up. The good thing about the cast is we usually know when to get serious and when to mess around. Either way, rehearsals always turn into a fun time with friends. 

People should come to this show because even though it is set in a time much earlier than 2010 it is still very relatable to most audiences. What I personally love about this show is how emotionally attached everyone gets to the characters. 

You can't help but feel bad, sorry, a whole spectrum of emotions for each individual character. It makes for quite the heart wrenching performance but thats what people look for in a show. Even a cold hearted audience member could shed a tear watching Les Mis."
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Sydney Alexis | Age 17 | Senior at Notre Dame High School, Batavia

Her role: Factory girl/ensemble

"Rehearsals are great. After a long, irritating day at school they're just what I need. I get to actually be somewhere with people who share the same interests as me and who don't judge. My favourite part of the whole thing has got to be the process of thinking up and the making of a big secret surprise that won't be revealed until Halloween night! I can't say much more... Stay tuned!

Les Miserables is, without a doubt, power in musical form. The show is filled with tough, painful lessons on love, revenge, failure and hope. There is a lot to get from the story and everyone will leave with a piece of it- from a song in their heart to a tear on their cheek. You're going to learn something from this show. And I guarantee you're going to love it."
____________________________________________________________________________

Jake Bortle | Age 17 | Senior at Leroy Jr./Sr. High School 

His role: Jean Valjean

"Above all, rehearsals have been extremely rewarding. Watching the show come together even in the past few days really puts my dreams into reality. I have always wanted to play this role and having it finally come true, and with such a talented cast, really makes everything worth while. 

My favorite experience in the show would have to be my favorite song, 'The Confrontation.' I love singing this song with Alex (Black, who plays Javert). Being onstage with sets, costumes, hair, and make-up, this scene really intensifies. Every single time we sing it, it gets more and more intense. 

But to keep this short, people should come see the show because it's awesome. But really, the talent in this cast is something you would not expect from people our age. Every single person is putting all they can into the show, and it really shows. The quality of this show really is fantastic and will blow anyone out of their chairs."

For more info, including ticket prices and show dates, on Les Miserables School Edition, click here or become a fan Encore! Theatre Arts on Facebook by clicking here.

Some Le Roy residents apparently victims of debit card scam

By Howard B. Owens

At least two people, and maybe more, have contacted the Le Roy Police Department to report unauthorized transactions on their debit cards.

The individuals contacted police, according to Sgt. Tim Hayes, after trying to use their cards at area stores and having the transactions denied.

Upon further checking, the card holders discovered numerous debit card purchases for varying amounts on different dates at out-of-state stores, Hayes said.

Hayes said Officer Emily Clark is also handling the case and she may have the names of other victims, but Hayes did not immediately have that information available.

A reader who tipped The Batavian to the investigation said as many as 40 people in Le Roy have had unauthorized transactions on their debit cards and Hayes said that number could be accurate because not all of the victims are calling the police department -- many are only contacting their bank branches.

It's not clear how the debit card numbers of the victims were obtained, Hayes said. The victims still have physical custody of their cards.

Hayes asked that any victims of the scam contact law enforcement. The investigation is continuing.

Two weeks ago, media in Rochester reported that numerous area residents had suffered a similar scam. The victims may have been customers of Aldi's, which reportedly suffered a security breech. A perpetrator reportedly tampered with Aldi's credit card terminals in 11 states.

It's unknown if the Le Roy victims have been caught in the same scam.

In his e-mail to The Batavian, Hayes wrote, "It would be well advised as a matter of routine credit security for people to regularly check their debit card and credit card statements for incorrect/fraudulent charges and to notify the police as well as their financial institutions immediately upon discovery."

Elderly man injured at Jell-O Museum after scooter accelerates through elavator door

By Howard B. Owens

An elderly man's scooter accidentally accelerated while entering a handicapped-accessible elevator at the Jell-O Museum in Le Roy on Friday, causing the man to fall 34 inches.

It's not clear why the scooter accelerated.

The man's identity or medical condition is not available at this time.

The initial scanner call reported he went into cardiac arrest and was transported to UMMC.

Sgt. Tim Hayes of the Le Roy Police Department said the man was entering the motorized platform of the elevator, which provides access to three levels of the museum, when the electric mobility scooter accelerated. The scooter struck the top of the door from the lower level. The door opened and the victim and his scooter fell about 34 inches striking the pavement below.

The investigation is ongoing and no further information is available at this time.

Elderly man falls through wall at Jell-O Museum, now in cardiac arrest

By Billie Owens

An elderly man is reported to have fallen through a wall at the Jello-O Gallery Museum, landing six feet below, and is unconscious with a head laceration. He is in full cardiac arrest.

Le Roy ambulance is responding. The accident occurred at the rear of the building, located at 23 E. Main St. in Le Roy.

UPDATE (2:44 p.m.): The patient is on a stretcher, back-boarded and collared and en route to UMMC.

Le Roy Pontillo's location among properties facing tax foreclosure

By Howard B. Owens

Foreclosure proceedings have begun against 68 county properties because of unpaid taxes, including the Le Roy Pontillo's location, according to County Treasurer Scott German.

Pontillo's owes for three years of back taxes, including school, town, village and county, totaling $24,261.

The delinquent property owners have until Jan. 14 to make final payment on their back taxes to avoid having the property sold at auction.

The auction will be scheduled for some time in March or April.

German said typically, 50 to 55 of the property owners will settle their tax issues prior to foreclosure.

All of the property owners have been sent letters, and notices have been published in two daily newspapers, with additional notifications pending.

Fire inside Stafford Country Club's maintenance building

By Billie Owens

A fire is reported inside the maintenance shop of the Stafford Country Club. The shop is located off Route 5, just east of Route 237.

Stafford and Pavilion fire departments are responding, along with tankers from the Town of Batavia and fire police from Le Roy. South Byron fire is to fill in at the station for Stafford.

There is heavy smoke inside the structure.

UPDATE (5:53 p.m.): Firefighters are warned that there are chemicals stored inside the northeast end of the building. A firefighter says one piece of machinery is on fire but it is almost out. The roof does not need ventilating at this time.

UPDATE (5:57 p.m.): They are going to vent the north end of the building.

UPDATE (6:02 p.m.): The fire is confirmed to be contained to one piece of machinery and it has been dragged outside. Everything is under control. They are releasing some equipment to go back in service.

Medical equipment business in Le Roy has grand re-opening today

By Billie Owens

Durable Medical Equipment and Supplies in Le Roy is having its grand re-opening today until 5:30 p.m.

The store boasts new construction and a larger showroom to "better serve its customers."

"We are excited to celebrate with the wonderfully supportive community here in Le Roy," said owner Amy Swanson.

The first 50 people to visit today get a gift bag. The store is located at 42 Main St. Phone is 768-9495.

Photo: Le Roy Fire at training center

By Howard B. Owens

Le Roy Fire was at the Fire Training Center on State Street Road this evening for ongoing instruction on how to deal with car fires. The volunteers work on their approach to a vehicle and how to most effectively put out the fire. 

Volunteer firefighters from throughout Genesee County engage in various training and briefings every Monday night.

For more on volunteer opportunities, click here.

Police Beat: Alleged punching and kicking leads to felony assault charge against Le Roy man

By Howard B. Owens

James R. Kosiorek, 18, of Myrtle Street, Le Roy, is charged with assault, 2nd. Kosiorek is accused of punching and kicking another person in the head, causing physical injury to that person by means of a dangerous instrument. The alleged incident occurred on Friday. Kosiorek was jailed on $5,000 bail.

Kenneth Michael Burns, 53, of South Lake Avenue, Bergen, is charged with criminal contempt, 2nd. While incarcerated at Genesee County Jail, Burns allegedly violated an order of protection by contacting the protected person by phone.

Justin J. Pryzybyl, 21, of 8411 Peachy Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, making an unsafe start and not wearing a seat belt. Pryzybyl was stopped at 2:10 a.m., Saturday, on Clay Street by Le Roy Police Sgt. Michael Hare.

Benjamin Louis Monna, 21, of Florendin Drive, Henrietta, is charged with operating a motor vehicle impaired by drugs, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and speeding. Monna was allegedly spotted speeding on the Thruway (83 in a 65 mph zone) and was located a short time later on the side of the road at the Pembroke off ramp. He was allegedly found in possession of Ritalin without a prescription, a small amount of marijuana and was allegedly driving under the influence of drugs. He reportedly refused a blood test. Monna was taken into custody at 8:45 a.m., Friday, by Deputy Brian Thompson.

Mark Jacob Mutka, 29, of Ganson Avenue, Corfu, is charged with DWI, driving with a BAC of .08 or greater and speeding (84 in a 55 mph zone). Mutka was stopped at 4:08 a.m., Sunday, on Genesee Street, Darien, by Deputy Howard Carlson.

Man who tried to outrun police until he ran out of gas given prison term

By Howard B. Owens

A Batavia man who tried to outrun law enforcement from Avon to Le Roy will serve one- to three-years in state prison, Judge Robert C. Noonan ruled this morning.

Randy S. Rumble, 27, of State Street, entered a guilty plea at the end of August to felony DWI and aggravated unlicensed operation. On Aug. 1, Rumble led cops from Avon and deputies from Genesee County on a high-speed chase until he ran out of gas and was taken into custody by a Le Roy police officer.

Defense attorney William Tedford described Rumble as the nicest client he has represented.

He's a nice guy who makes poor decisions when he drinks," Tedford said.

"I have no reason to think you’re not a nice guy, but as people in court have heard me say 100 times, if you get killed by a drunk driver it doesn’t matter if it's Mother Teresa or Charles Manson at the wheel," Noonan said.

"You're lucky you're not standing here responsible for the deaths of other people or buried in the ground yourself. This conduct is way beyond anything that’s acceptable in this society."

Assistant District Attorney Melissa Cianfrini argued for a stiff prison sentence.

"It was a dangerous situation," Cianfrini said. "He only stopped when he ran out of gas. He didn't stop voluntarily. He then ran into a hedgerow, further hampering law enforcement."

As for a statement to Noonan, Rumble apologized.

I respect whatever sentence you give me," Rumble said, then hung his head. "And that’s it."

Rumble will also be required to pay a $2,000 fine and have an interlock-ignition device on whatever vehicles he has access to upon his release from prison.

Previously: Batavia man allegedly tried to outrun law enforcement, until he ran out of gas

Police Beat: Woman accused of trying to hide stolen merchandise under child

By Howard B. Owens

Gena Lorane Ellis, 24, of West Ridge Road, Brockport, is charged with petit larceny. Ellis is accused of stealing $124.13 worth of merchandise from Target by hiding the items under her child in her shopping cart.

Amanda Darlene Clemons, 26, of Ridge Road, Holley, is charged with petit larceny. Clemons is accused of trying to steal $211.86 worth of clothing, boots and other merchandise from Target by hiding the items under a blanket in her shopping cart.

David M. Saylor, 26, of 9431 Summit St. Road, Le Roy, is charged with DWI, aggravated DWI with a BAC of .18 or greater, failure to keep right, no seat belt and unsafe tires. Saylor was allegedly involved in an accident on North Street. He is accused of striking a parked car at 12:26 a.m. and causing significant damage to both vehicles.

Covington man faces new charge for allegedly impersonating federal agent

By Howard B. Owens

A 41-year-old Covington man already facing charges out of the Town of Batavia for allegedly trying to pass himself off as a federal law enforcement agent was arrested by Le Roy Police on Monday on a similar charge.

Nikko C. Gambino, of Morrow Road, Convington, was arraigned in Le Roy Town Court and jailed on $750 on a charge of criminal impersonation, 2nd.

Gambino is accused of entering a Le Roy business some time in September allegedly dressed as a federal agent and directing an employee of that business to make a phone call under his pretend authority.

Three weeks ago, Gambino was arrested by the Sheriff's Office for allegedly attempting the same ruse in Walmart. A search of his residence reportedly found articles of clothing with law enforcement markings and a metal badge.

Chief Deputy Jerome Brewster said it isn't really clear why Gambino has allegedly attempted to enter retail outlets and pass himself off as a federal agent.

"He's refusing to talk, but we we think it is some sort of diversion," Brewster said. "He wants to draw attention to himself while his accomplice attempts to steal something. We haven't been able to confirm that with surveillance tapes and nothing has been reported stolen. At this point, it's just a guess."

On the arrest out of the Town of Batavia, Gambino was charged with two counts of criminal impersonation, 2nd, and one count of falsely reporting an incident.

He was initially jailed on $5,000 bail.

Woman accused of altering cash cards of her employer

By Howard B. Owens

Le Roy Police say a 37-year-old Leicester woman stole from her employer earlier this year by creating forged cash cards.

Deanna L. Leach, of 5576 Gibsonville Road, Leicester, faces 11 felony counts of forgery, 2nd.

Det. John Condidorio said Leach allegedly altered 11 cash cards worth $50 each while employed as a manager at the business. Leach reportedly failed to log the cards in order to cover up her alleged crime.

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